Sol_140D0421Q0381.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

D54

Herndon VA 20170 381 Elden Street, Suite 4000 Division 5/ Branch 4 Interior Business Center, AQD

CODE 16. ADMINISTERED BYCODE

X

X

212319

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORD54

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/21/2021 1200 ES

05/06/2021

7039643609Yvonne Edwards (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140D0421Q0381

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 68 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Herndon VA 20170 381 Elden Street, Suite 4000 Division 5/ Branch 4

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Interior Business Center, AQD

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 06/01/2021 to 10/31/2021

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Yvonne Edwards

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

68 2 of

Solicitation

140D0421Q0381

Document Title

Crushed aggregate

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL

This requirement is for Supply and deliver specified gradation of crushed aggregate into government aggregate stockpiles. The crushed aggregate will be used for surfacing and repair of Bureau of Land Management (BLM) roads on the Roseburg District in the Swiftwater and South River Resource Area in support of the Department of

Interior (DOI), Bureau of Land Management (BLM) Medford District. The Acquisition Services Directorate (AQD), Interior Business Center (IBC), DOI is issuing this requirement on behalf of BLM.

The following North American Industry Classification Code (NAICS Codes) is the primary code applicable to this acquisition: 212319–Other Crushed and Broken Stone Mining and Quarrying. The Product Service Code is 5610 –

Mineral Construction Materials. This is a small business-set aside award.

B.2 CONTRACT TYPE

The anticipated contract resulting from award of this RFQ will be a Firm-Fixed-Price (FFP) contract.

B.3 SCHEDULE OF PRICES

ITEM ITEM

DESCRIPTION

Material

Destination

UOM QUANTITY EST. COST

PER Ton

0001 Gradation B

1 ½” Open

Location I Ton 1500

0002 Gradation B Location II Ton 1500

0003 1 ½” Open Location III Ton 1500

0004 Gradation B Location IV Ton 1500

0005 1 ½” Open Location V Ton 1500

0006 Gradation B Location VI Ton 3000

0007 1 ½” Open Location VII Ton 2000

Location Material Destination Address/GPS Locale Quantity

I. Sutherlin Maintenance yard

391 S Calapooia St.

Sutherlin, OR 97479

II. Myrtle Creek Maintenance yard 161 Klimback St., Myrtle Creek, Or 97457

III. Swiftwater T26S-R3W-13/43.314703, -

123.006566

IV. Canton Creek T25S-R01W-23/43.388626, -

122.765318

V. Kelly Creek T25S-R02W-17/43.376313, -

123.015760

VI. Rock Creek T25S-R02W-15/43.400732, -

122.922343

VII. Gassy Creek T25S-R03W-19/43.378353, -

123.103651

PERFORMANCE PERIOD: 01 June 2021 through 31 October,2021

(End of Section B)

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

STATEMENT OF WORK

SECTION A – SUPPLY AND DELIVER

A.1.0 OVERVIEW

Supply and deliver specified gradation of crushed aggregate into government aggregate stockpiles. The crushed aggregate will be used for surfacing and repair of BLM roads on the Roseburg District in the

Swiftwater and South River Resource Area.

SECTION B - SPECIFICATIONS

B.1.0 GENERAL

Description of Work: Furnishing and delivering crushed aggregate at designated stockpiling locations.

The Contractor shall deliver, and stockpile crushed aggregate at government prepared stockpile sites located in Douglas County, Roseburg District, Oregon (see attached stockpile Location Maps).

B.1.1 REFERENCES:

A. American Association of State Highway and Transportation Officials

AASHTO T11 Amount of Material Finer than No. 200 Sieve in Mineral Aggregates by

Washing

AASHTO T27 Sieve Analysis of Course and Fine Aggregates

AASHTO T96 Resistance to Abrasion of Small Size Coarse Aggregate by Use of the

Los Angeles Machine

AASHTO T210 Aggregate Durability Index

AASHTO M147 Materials for Aggregate and Soil Aggregate Subbase, Base and Surface

Courses

B.1.2 SUBMITTALS:

The Contractor shall submit Test Reports as required in this section to the Contracting Officer’s

Representative prior to delivery and placing of aggregate.

B.2.0 MATERIAL SPECIFICATIONS

B.2.1 Crushed Aggregate: Aggregate shall be hard, durable particles or fragments of crushed stone or crushed gravel. The material shall be uniformly graded from course to fine and shall comply with the following quality and gradation requirements.

B.2.2 Granitic materials shall not be acceptable for the use of surface aggregate.

B.2.3 Grading requirements for crushed aggregate with percentage by weight passing square mesh sieves using AASHTO T-11 and T-27.

Gradation B: 1 ½” Open

Sieve Designation Percent Passing

2 inch 100

1½ inch 90-100

1 inch 20-55

¾ inch 0-15

No. 4 0 - 4

No. 40 0 - 3

No. 200 0 - 2.5

B.2.4 The portion of the material retained on a No. 4 sieve shall be known as coarse aggregate and that portion passing a No. 4 sieve shall be known as fine aggregate.

B.2.5 The material shall be free from vegetative matter and clay balls.

B.2.6 The aggregate shall show a durability factor not less than 35 (coarse and fine) as determined by

AASHTO Method T 210.

B.2.7 Coarse aggregate shall have a percent of wear not more than 35 at 500 revolutions as determined by AASHTO Method T 96.

B.2.8 When crushed rock material is produced from gravel, not less than 75 percent by weight of the particles retained on the No. 4 sieve will have 3 fractured faces. If necessary, to meet the above requirements or to eliminate an excess of filler, the gravel shall be screened before crushing. Crushed river rock is not acceptable.

B.3.0 MATERIAL SOURCES

Crushed rock materials shall be obtained from commercial sources selected by the offeror.

B.4.0 STOCKPILE LOCATIONS

• I Sutherlin Maintenance Yard, 391 S Calapooia St. Sutherlin, OR 97479

• II Myrtle Creek Maintenance Yard, 161 Klimback St., Myrtle Creek, Oregon 97457

• III Swiftwater T26S-R3W-13/43.314703, -123.006566

• IV Canton Creek T25S-R01W-23/43.388626, -122.765318

• V Kelly Creek T25S-R02W-17/43.376313, -123.015760

• VI Rock Creek T25S-R02W-15/43.400732, -122.922343

• VII Gassy Creek T25S-R03W-19/43.378353, -123.103651

B.5.0 STOCKPILE SITE PREPARATION

Any preparation required at the stockpile sites will be performed by Government maintenance forces, including any material required to stabilize the floor of the site. Site will be ready for contractor to build stockpiles.

B.6.0 STOCKPILE CONSTRUCTION

The completed stockpile of aggregate shall be neat and regular in form and shall be made to occupy the smallest feasible area as staked by the Government. The side slopes shall not be flatter than 1½:1.

Pushing aggregate into piles with a bulldozer, or similar type of material moving equipment shall be permitted. Contractor shall provide machine and manpower to construct stockpiles.

SECTION C - CONTRACT CLAUSES

C.l.0 SAMPLING

Samples shall be taken by the Contractor using an approved Contractor furnished sampling device. The

Contracting Officer’s Representative shall be provided the opportunity to witness all sampling.

C.2.0 TESTING

A. Test results shall be furnished to the Contracting Officer’s Representative on testing laboratory forms furnished by or otherwise meeting the approval of the Contracting Officer’s

Representative.

B. The following material source tests shall be performed three times for each undeveloped source, with the samples taken at intervals spaced equally throughout the total volume of production from that source. An undeveloped source is a source that has not supplied surface treatment aggregate within 365 days of the start of producing surface treatment aggregate for this project. All other material sources shall be tested once.

1. AASHTO T11

2. AASHTO T27

Amount of Material Finer than No. 200 Sieve in

Mineral Aggregates by Washing

Sieve Analysis of Course and Fine Aggregates

C. The following aggregate tests shall be performed once for each 500 tons of aggregate produced or to be furnished, but not less than once per day of production.

1. AASHTO T11

2. AASHTO T27

C.3.0 ACCEPTANCE OF MATERIALS

A. Aggregate will not be accepted without certified testing results.

B. The Contracting Officer’s Representative may obtain samples for testing by the Government to verify the

Contractor's test reports. If the Government's verification tests do not substantiate the validity of the

Contractor's Certification, the Contracting Officer’s Representative may order the Contractor to perform additional testing or retesting as deemed necessary or may rely exclusively on the Government's tests to determine contract compliance.

C. No direct payment will be made for performing the additional sampling and testing or retesting ordered by the Contracting Officer’s Representative, but such work will be considered as a subsidiary obligation of the

Contractor covered under the contract.

D. Should it become necessary for the Government to test materials due to the Contractor's Certification being declared invalid, the total cost of performing such tests for the applicable item will be charged the

Contractor and deducted from progress payments.

E. When material being produced from the approved source meets the specifications, contractor shall begin delivery. The Contracting Officer’s Representative will randomly sample and test the material during the course of production as deemed necessary to assure the material will be based upon the test results.

C.4.0 WEIGHING DEVICES

1. The Contractor shall furnish, erect, maintain and operate acceptable beam-type scales, or other approved weighing devices. In lieu of furnishing scales, the Contractor may use public weighing facilities provided they have been tested, sealed, and certified by an acceptable certifying authority. Associated costs shall be the responsibility of the Contractor.

2. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end.

The platform shall be sufficient length to permit simultaneous weighing of all axle loads of the entire hauling vehicle except coupled vehicles may be weighed separately or together in accordance with Section

2.20 paragraph UR 3.3 of the National Bureau of Standards Handbook 44.

3. Each weighing device shall be accurate within 0.5 percent throughout the range of use, and the Contractor shall have the scales checked, adjusted, and certified by an approved testing firm or laboratory of the State

Agency responsible for weights and measures or a qualified manufacturer's representative. Beams, dials, platforms, and other scale equipment shall be arranged so the operator and inspector can safely and conveniently view them.

4. The Contracting Officer’s Representative may permit the use of weighing devices for a reasonable period prior to sealing, provided field testing indicates consistent compliance within the limits of accuracy specified herein.

5. When inspection reveals the weighing, devices have been under-weighing (indicating less than true weight), they shall be adjusted and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. If inspection reveals the weighing devices have been over-weighing (indicating more than true weight), they shall be adjusted, and all materials received subsequent to the last previously correct weighing accuracy test will be reduced by the percentage of error in excess of 0.5 percent.

C.5.0 MEASUREMENT OF QUANTITIES

A. The quantities of aggregate called for under the Schedule of Items will be measured and paid for by the ton placed and accepted in stockpile at the designated stockpile site.

B. The addition of water to the crushed aggregates prior to being weighed will not be permitted.

C. The term "ton" will mean the short ton consisting of 2,000 pounds avoirdupois.

D. The Contractor shall furnish a competent, qualified weigh person to weigh and record all materials. In lieu of furnishing a weigh person, the Contractor may use public weighing facilities.

E. The weigh person shall record to the nearest 100 pounds the weights of all loads of material on a daily weight record. The weigh person shall record the total weights to the nearest 100 pounds at the beginning and end of each shift. Smaller increments may be read and recorded when an automatic weigh system is used.

F. The weigh person's daily weight record shall contain the following information as applicable to the type of scales and recording system used:

1. Name and number of project

2. Contract item number

3. Description of source

4. Date

5. Load number

6. Truck identification mark

7. Time of weighing

8. Gross weight of each load

9. Tare weights

10. Net weights

11. Weigh person's signature

12. Contractor's certification

G. The Contracting Officer’s Representative may, at random intervals, designate previously weighed vehicles to be reweighed to verify the weight of the material being purchased. This may include empty or loaded vehicles, as the Contracting Officer’s Representative may designate.

H. Trucks hauling material weighed on platform scales shall be weighed empty at least twice per shift.

C.6.0 RECORDS

The exact format of the daily records will be established by the Contracting Officer’s Representative. The original daily records shall be furnished to the Contracting Officer’s Representative at the end of each shift.

C.7.0 SCOPE OF PAYMENT

The accepted quantities determined will be paid for at the unit prices offered. Payment of prices offered shall be full compensation for furnishing all materials, labor, equipment, tools, fees, and incidentals necessary to produce, sample, test and deliver, including stockpiling, the materials in accordance with the Schedule of Items and the requirements of this section.

(End of Section C)

SECTION D – PACKAGING AND MARKING

This Section is not applicable.

(End of Section D)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 ACCEPTANCE OF MATERIALS

A. Aggregate will not be accepted without certified testing results.

B. The Contracting Officer’s Representative may obtain samples for testing by the Government to verify the

Contractor's test reports. If the Government's verification tests do not substantiate the validity of the Contractor's

Certification, the Contracting Officer’s Representative may order the Contractor to perform additional testing or retesting as deemed necessary or may rely exclusively on the Government's tests to determine contract compliance.

C. No direct payment will be made for performing the additional sampling and testing or retesting ordered by the Contracting Officer’s Representative, but such work will be considered as a subsidiary obligation of the

Contractor covered under the contract.

D. Should it become necessary for the Government to test materials due to the Contractor's Certification being declared invalid, the total cost of performing such tests for the applicable item will be charged the Contractor and deducted from progress payments.

E. When material being produced from the approved source meets the specifications, contractor shall begin delivery. The Contracting Officer’s Representative will randomly sample and test the material during the course of production as deemed necessary to assure the material will be based upon the test results.

(End of Section E)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The contract shall commence from date of award from 01 June, 2021 to 31 October, 2021

F.2 PROGRESS PLAN

At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details its proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule must reflect a work progress rate equal to the available amount of contract performance time.

F.3 The following clause is incorporated by reference:

Clause Title Date

52.242-15 STOP WORK ORDER AUG 1989

(End of Section F)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING

PLATFORM (IPP) (APR 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice

Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable

Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions –

Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

1. Invoice billed according to contract line items and rates.

2. If partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.

3. If final payment is billed, the last invoice shall state “FINAL”.

4. Contractor’s Release of Claims shall be submitted with the final invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The

Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP

Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the

Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

(End of Section G) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 WORK HOURS

Unless otherwise specified in Section C, Specifications, work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or Federal holidays unless authorized by the COR.

H.2 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

3.0 Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

3.1 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the

Contracting Officer immediately in writing giving the location and nature of the findings.

3.2 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

3.3 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

H.3 RESTORATION OF RESOURCES

7.0 Cleanup - The Contractor is responsible for cleaning up all camp and worksites before leaving the area.

Final payment or other alternative deemed feasible may be withheld until the Contractor has complied with this requirement.

7.1 Site and Access Roads – Site and public or private access roads damaged by the Contractor shall be restored to the same condition they were in at the commencement of work, at the expense of the Contractor.

H.4 UNAUTHORIZED PERSONNEL

The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

H.5 FIRE DANGER SEASON

If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR and outlined in the attachment at the end of this section.

H.6 FIRE REQUIREMENTS PROCEDURES OUTLINE

This outline covers the fire protection requirements of a contractor or private party who performs service or construction contracts on BLM land. In western Oregon, the BLM allows Oregon Forest Law (ORS) and Oregon

Administrative Rules (OAR) to apply to these operations on BLM lands rather than develop similar rules applicable only to BLM lands.

1. CLOSED FIRE SEASON

The closed fire season means that fire season has been declared. ORS 477.505 gives the State Forester the authority to establish the fire season. The authority has been delegated to the District Foresters around the state who issue public notices through the newspapers and radio when fire season will be closed for their individual districts.

Closed fire season depends upon the drying of forest fuels, rainfall, and time of year. During the closed fire season, the following requirements must be met:

• Fire tools must be on site;

• Fire extinguisher must be in all vehicles;

• Chainsaws must have a .023-inch mesh screen installed in the exhaust;

• Only unmodified saws are to be used in the forest;

• Approved spark arresters must be on all internal combustion engines;

• Watchman service must be provided for 3 hrs after shutdown of power equipment for the day;

• No smoking is permitted while working or traveling through any operations area in the forest;

• No use of explosives is permitted unless approved by the State Forester's representative;

• Permits to burn are required unless waived by a representative of the State Forester.

• Permits to operate power-driven machinery shall be obtained by the Contractor prior to commencing operations unless waived by a representative of the State Forester (ORS 47.625).

Changes or modifications to the above requirements are possible depending upon changes in State of Oregon law and requirements of the State Districts and Protective Associations.

2. FIRE PRECAUTION LEVELS

There are 4 fire precaution levels that begin with level 1 at the start of the closed fire season and can go through level 4 if conditions warrant. The fire precaution levels restrict certain forest operations as the fire danger increases.

It is the responsibility of the individual operating on forest land to know the precaution level for the day and take the correct fire precautions. There are no precaution levels prior to the closed fire season. Each fire precaution level requires adherence to the restrictions applicable to all lower levels in addition to the limits placed by that level.

Level 1 is the lowest level of fire danger usually occurring early in the season and perhaps again after significant rainfall during the season. All requirements listed above apply. Waivers may be issued by the State Districts or

Protective Associations and these MUST be approved by the BLM. Waivers will only be considered if the conditions on the work site are not as severe as predicted. The requirements for fire tools on site, screens installed in saws, and fire extinguishers with saws will not be waived.

Level 2 is the partial hootowl where saws can operate from first light in the morning until 1:00 p.m. in the afternoon. From 1:00 p.m. until the end of the day saws are to be shut down. Waivers for operating beyond the 1:00 p.m. shutdown will be evaluated on a site-by-site basis.

Level 3 is the partial shutdown of all forest industrial operations and shuts down contractor operations with few exceptions. Waivers may be issued on a site-by-site basis.

Level 4 is the general shutdown of all contractor operations. Waivers will not be issued. Landowners are permitted entry into their lands.

ORS. 477.066 requires that an operator on forest land take immediate action to control and extinguish a fire on forest land. The contractor shall take this action and notify the BLM and the nearest State of Oregon District office immediately.

OAR. 629-43-030 requires watchmen to be:

• Physically capable and experienced in operating any firefighting equipment on site.

• On duty for 3 hours after the shutdown of the last power-driven equipment for the day.

• Furnished adequate facilities for transportation and communications in order to summon assistance if needed.

• Patrolling and visually inspecting all sites where work was done during the day.

3. FIRE TOOLS REQUIRED DURING CLOSED FIRE SEASON

The operator/contractor shall furnish fire tools to all personnel on site using the following combinations.

NUMBER OF PERSONNEL

1- 4 5 6 7 8 9 10 11 12 13 14

KIND OF TOOLS NUMBER OF TOOLS REQUIRED

Pulaskis

Shovels 2 2 2 3 3 3 3 4 4 5 5

Hazel hoes 1 2 3 3 4 5 5 5 6 6 6

In addition to the above handtools, the operator/contractor must provide a backpack pump can filled with water located with the tool box in a readily available area.

All shovels are to be size 0 or larger, long handled. All tools shall be sharp and ready for service. Fire extinguishers as follows:

For chainsaws - 8 oz. capacity by weight.

For vehicles - UL rating of at least 4 BC.

4. ADDITIONAL WATER SUPPLY

Contractor shall comply with ORS 477.615 during fire season when inside or within one-eighth of one mile of a state forest protection district and furnish additional water supply and equipment for use in fire suppression in conformity with the rules promulgated by the Oregon State Forester, when directed by the Oregon State Forester in writing. When required, all water supply and equipment components shall be maintained and ready for immediate use.

During fire season when operating a stationary internal combustion engine inside or within one eighth of one mile of a state forest protection district, Contractor shall comply with ORS 477.650 and provide a water supply, with equipment for its use in fire suppression for each engine, in conformity with the rules promulgated by the Oregon

State Forester. All water supply and equipment components shall be maintained and ready for immediate use.

H.7 DOI-AAAP-0050, V2 USING AND REPORTING CONTRACTOR PERFORMANCE INFORMATION

Contractor Performance Assessment Reporting System (December 2015)

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The

Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting

System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record the Contractor’s contract performance as required by FAR 42.15.

2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the assessment report is processed, it is available in the Past Performance Information Retrieval System

(PPIRS) for Government use in evaluating past performance as part of a source selection action.

3. We request that the Contractor furnish the CO with the name, position title, phone number, and email address for each person designated to have access to the Contractor’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection information not releasable to the public.

4. When the Contractor’s Contractor Representative(s) are registered in CPARS, he or she will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

https://www.cpars.csd.disa.mil/

b) The Contractor’s comments should focus on objective facts in the AO's narrative and should provide its views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If the Contractor elects not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) The Contractor’s response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If the Contractor does not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6. The following guidelines apply concerning the Contractor’s use of the past performance evaluation:

a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason the Contractor is unable to view and/or submit the form through CPARS, contact the CO for instructions.

b) Strictly control access to the evaluation within the Contractor’s organization. Ensure the evaluation is never released to persons or entities outside of the Contractor’s control.

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7. If the Contractor wishes to discuss a past performance evaluation, it should request a meeting in writing to the CO no later than seven days following receipt of the evaluation. The meeting will be held in person or via telephone or other means during the 60-day review period.

A copy of the completed past performance evaluation will be available in CPARS for the Contractor’s viewing and for Government use supporting source selection actions after it has been finalized.

(End of Section H)

SECTION I- CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/far

Department of the Interior Acquisition Regulation (DIAR): https://www.acquisition.gov/diar

(End of clause)

The following clauses are incorporated by reference:

Clause Title Date

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER

FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS

AND CERTIFICATIONS.

DEC 2014

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL

SAFETY DATA

FEB 2021

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

MAY 2011

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION JAN 1997

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

CONTRACTORS

DEC 2013

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT,

AND VEGETATION

APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

https://www.acquisition.gov/diar

The following clauses are provided in full text:

I.2 52.211-16 VARIATION IN QUANTITY (Apr 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

_20__ Percent increase

_20__ Percent decrease

This increase or decrease shall apply to ____1________.*

(1) The total contract quantity;

(2) Item1 only;

(3) Each quantity specified in the delivery schedule;

(4) The total item quantity for each destination; or

(5) The total quantity of each item without regard to destination.

I.3 52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic

Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds

Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31

U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the

Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.212-5#FAR_52_212_5

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the

Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/33.211#FAR_33_211 https://www.acquisition.gov/far/32.607-2#FAR_32_607_2

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records.

The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

https://www.acquisition.gov/far/32.608-2#FAR_32_608_2

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41

U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49

U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to

Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(…