Sol_140L1225Q0064.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

LCA

SACRAMENTO CA 95825

2800 COTTAGE WAY, SUITE W-1834

BLM CA-STATE OFC BUS SVC BR (CA944)

0011276275 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLCA

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

09/19/2025 1100 PD

09/02/2025

6083773532Laurie Ehlinger (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L1225Q0064

5. SOLICITATION NUMBER

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

1 66 0044025814OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

BAKERSFIELD CA 93308-6837

35126 McMurtrey AVE

BLM-CA BAKERSFIELD FIELD OFFICE

15. DELIVER TO

SACRAMENTO CA 95825

2800 COTTAGE WAY, SUITE W-1834

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$34

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

BLM CA-STATE OFC BUS SVC BR (CA944)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

SUMMARY: Case Mountain Stewardship project SUBMIT QUOTES TO: lehlinger@blm.gov and mduane@blm.gov All responses to this notice must be In Accordance With (IAW) the attached Solicitation, Contract Clauses, Specifications, Requirements, Provisions, Terms, and Conditions.

This will be firm fixed purchase order

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Laurie Ehlinger

. 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 (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

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: REFERENCE

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. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Include all Shipping and/or Travel costs in the current line items

F.O.B. DESTINATION

See Contract Line Item Numbers (CLIN)s in SECTION

B SERVICES AND PRICES

Legacy Doc #: BLM

Delivery: 03/01/2027

Delivery: 03/01/2027

Period of Performance: 10/01/2025 to 03/01/2027

00010 CASE MOUNT. FOREST STEWARD. PROJECT IN ACCORDANCE

WITH THE SOLICITATION AND ALL ATTACHMENTS.

Product/Service Code: F021

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- SITE PREPARATION

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

66 2 of

Case Mountain Forest Stewardship, Three Rivers, CA SOLICITATION NO. 140L1225Q0064 BLM CDD/Bakersfield Field Office Page 3 of 64

SECTION B –SERVICES AND PRICES

STEWARDSHIP CONTRACT: Pursuant to the authority under the Agricultural Act of 2014, PL 113-79, Section 8205 (Agricultural Act) (16 U.S.C. 6591c) and Tribal Forest Protection Act (P.L. 108-278, Jul 22, 2004) , the Bureau of Land Management (BLM) intends to enter into this Case Mountain Forest Stewardship contracting project to perform services to achieve land management goals for public lands that meet local and rural community needs.

This requirement is for an 18-month, single award for Firm Fixed Price Services contract for forest management activities near Three Rivers, CA. The Purchaser will perform all functions of timber harvest for the 242-acre Case Mountain Stewardship Project (Exhibit A and B) inclusive of removal of all marked and otherwise designated salvage timber (Exhibit C), including previously decked timber; transport of timber to Mill, road construction, improvements, and decommissioning (Exhibit D); and compliance with all Terms and Special Provisions herein.

See SOW for complete details.

Offerors must propose on all line items on an “All or None Basis”. Note to offerors: Line Item 0001 through 0002 is the service work required under this contract. Line Item 0003 is the quantity of product under each area that falls under the authority of Stewardship definition of goods for services.

Schedule A – Service Work

BASE

Item no. Item Description Quantity Unit of

Measure Unit Price Total

0001 Road Construction and Maintenance

0001AA Road Improvement on haul route widening turns, filling in bedrock sections, and grading Additional details can be found in Exhibit D:

Road Renovation. All native surfaced spurs and roads to be renovated shall be used for harvest operations during the dry season of each calendar year, then winterized in the same respective calendar year. Any required renovation of structures and roads shall be completed and accepted prior to the removal of any timber over that road.

11* Miles $ $

0001AB Establishment, closing, and restoration of landings and skid trails

1 LS $ $

0002 Timber Harvest Treatments 0002A Cutting and removal of timber in Units 1-3:

All timber in Units 1-3 designated with blue paint will

126 AC

http://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3AUSC-prelim-title16-section6591c&f=treesort&num=0&saved=%7CKHRpdGxlOjE2IHNlY3Rpb246NjU5MSBlZGl0aW9uOnByZWxpbSkgT1IgKGdyYW51bGVpZDpVU0MtcHJlbGltLXRpdGxlMTYtc2VjdGlvbjY1OTEp%7CdHJlZXNvcnQ%3D%7C%7C0%7Cfalse%7Cprelim

BLM CDD/Bakersfield Field Office Page 4 of 64 be felled using hand or mechanical means, yarded to a landing, and processed for removal from the site. Whole tree yarding will be utilized.

All stumps must be 12 inches or less in height, measure from the uphill side.

0002B Cutting and removal of salvage timber in Units 4-8:

Dead and dying merchantable timber within units 4-8 will be felled as designated by the prescription in Exhibit C.

Salvage logs will be felled using hand or mechanical means, yarded to a landing, and processed for removal from the site. All stumps must be 12 inches or less in height, measured from the uphill side.

116 AC

0002C Removal of hazard trees from site: The cutting of hazard trees that could impact BLM roads will be completed under a separate contract. Hazard trees may be cut, processed, and decked, or may be cut, processed, and immediately loaded for transport to the mill, depending on the schedule of the different contracts.

1 LS

GRAND TOTAL $

* Estimated Quantity AC = Acre LS = Lump Sum

(End of Schedule A)

BLM CDD/Bakersfield Field Office Page 5 of 64

Schedule B –Products

Number Item Description Qty Unit of Measure

Unit Price Total

002A Live White Fir Sawlogs 423 MBF 002A Live Incense Cedar Sawlogs 101 MBF 002B Salvage White Fir 949 MBF 002B Salvage Incense Cedar 383 MBF 002B Salvage Ponderosa Pine 115 MBF

**MBF=1000 boards feet

(End of Schedule B)

NET TOTAL (Schedule A minus Schedule B) $

(ALL OR NONE)

PERIOD OF PERFORMANCE: See Section F.

SITE VISIT INFORMATION: See L-L2.3 Site Visit Information

(End of Section B)

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SECTION C –STATEMENT OF WORK

See Attachment 1 Statement of Wok (SOW) referenced in Section J.

(End of Section C)

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SECTION E – INSPECTION AND ACCEPTANCE

E.1.0 INSPECTION

E.1.1 The Contractor shall provide quality control to assure that work complies with requirements of contract specifications, PWS and all attachments. COR would inspect work locations to see if vendor complied with all requirements, Contractor shall be required to leave well consolidated or well stacked doodles to be able to have BLM successfully burn them in place.

E.2.0 PAYMENT

The value of the commercial fiber will offset some or all of the value of the service work to be performed. If payment is to be made to the contractor for work performed, the payment will be made in accordance with FAR clause 52.212-4.

E.3.0 INVOICING

The Contractor shall provide a certified invoice to the Government for each portion of work for which credit/payment will be given. In addition to the contract number, contractor name, address, invoice number and invoice date, each invoice shall clearly identify the specific work being invoiced, the line item under which the work was required and performed, amount invoiced under each line item, and certification of the invoice. Invoices shall be processed and paid in accordance with FAR clause 52.212-4.

E.4.0 RATES OF PAYMENT

Current Contract Rates Included timber that is designated for cutting shall be deducted from the final contract payment at the rates specified in this contract.

Rate Redetermination Contract unit prices (Rates) may be redetermined as set forth in this section. This only includes rates for contract items.

Rate Redetermination for Environmental Modification or Catastrophic Damage. In the event of a contract modification under the Changes Clause due to environmental modification or catastrophic damage, the Contracting Officer may require a new Treatment Plan and Contract unit prices. The new treatment plan and rates must be agreed upon by the contractor and the BLM or the contract may be terminated in accordance with the contractual provisions.

Other Payment Rates If merchantable sawlog timber is found to be cut by mistake, negligent timber damages occur, or trees are unnecessarily damaged or willfully cut by the contractor, the contractor will be subject to liquidated damages. It will be difficult, if not impossible, to determine the amount of such damage. Therefore, the contractor shall pay a rate of 2 times the stumpage rate for the species cut determined by current local mill prices per merchantable sawlog tree for negligent and/or inadvertent cutting or willfully damaging of trees. The tree volume used to calculate the compensation to the BLM will be determined by measuring the stump diameter and finding the total volume of the next closest tree of equal stump diameter and applying the stumpage price to that volume. If designated, contractor shall remove such damaged or cut timber.

(End of Section E)

BLM CDD/Bakersfield Field Office Page 8 of 64

SECTION F – DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The contract shall commence from date of award and the project must be completed by March 1, 2027, which is approximately 18 months from the estimated start work date.

The estimated start work date: (Approximately October 1, 2025)

F.2.0 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.

The following clauses are incorporated by reference:

Clause Title Date

52.242-15 STOP WORK ORDER AUG 1989

52.247-34 F.O.B. DESTINATION NOV 1991

The following clauses are provided in full text:

(End of Section F)

SECTION G – CONTRACT ADMINISTRATION DATA

The following local clauses are provided in full text:

Contractor Performance Assessment Reporting System DEC 2015

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 your 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 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 you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm'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 sensitive information not releasable to the public.

4) When your Contractor Representative(s) are registered in CPARS, they 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/.

BLM CDD/Bakersfield Field Office Page 9 of 64

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.

b) Your comments should focus on objective facts in the AO's narrative and should a) provide your views on the causes and ramifications of the assessed performance.

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

d) If you elect 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) Your 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 you do 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."

The following guidelines apply concerning your use of the past performance evaluation:

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

Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

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.

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

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

(End of Clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

(FEBRUARY 2021)

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.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov 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) https://www.ipp.gov/

BLM CDD/Bakersfield Field Office Page 10 of 64

1452.201-70 Authorities and Delegations - (Sep 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

1. Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

2. Waive or agree to modification of the delivery schedule;

3. Make any final decision on any contract matter subject to the Disputes Clause;

4. Terminate, for any reason, the Contractor's right to proceed;

5. Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of Local Clause)

Local Internet Payment Platform (IPP) Hotline

To check payment status, contact the Payment Hotline at 877-480-9724 or 303-236-2850. You will need to leave a message with the following information:

1. Company Name

2. Contract Number

3. Invoice Number

4. Invoice Amount

BLM CDD/Bakersfield Field Office Page 11 of 64

5. A brief description of why you are calling

6. Your contact information

If you do not receive a callback from the Payment Hotline within 72 hours, please contact the Contract Officer with the day and time you contacted the Payment Hotline.

Government Point of Contact

Matthew (Matt) Duane mduane@blm.gov Bureau of Land Management

(End of Local Clause)

(End of Section G)

BLM CDD/Bakersfield Field Office Page 12 of 64

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1.0 PROTECTION OF ROADS, UTILITIES AND IMPROVEMENTS

H.1.1 Existing telephone, telegraph and transmission lines, fences, ditches, roads, trails, and other improvements shall be protected as far as practicable in all phases of Contractor's construction or logging operations. All such roads and ditches shall be kept free of logs, slash, and debris. Damage to roads, utilities and improvements shall be promptly paid for or repaired to a condition which is restored to its pre-existing condition just prior to such damage

H.1.2 For the purpose of protecting roads described herein, the Contractor shall immediately discontinue use of said roads upon receipt of written notice that the COR has determined that continued use will cause excessive damage to said roads.

H.2.0 WATERSHED PROTECTION: WATER QUALITY, EROSION CONTROL, AND SOIL DAMAGE

H.2.1 The Contractor shall comply with all applicable State and Federal laws and regulations pertaining to water quality in connection with any operations under this contract.

H.2.2 The Contractor shall take every reasonable precaution not to pollute or obstruct any stream, lake, or reservoir on or near the contract area in connection with any operations under this contract. If the Contractor's operations cause pollution or obstruction of any stream, lake, or reservoir on or near the contract area, the Contractor shall correct the condition to the satisfaction of the COR.

H.2.3 The Contractor shall undertake every reasonable measure to minimize erosion and soil damage in connection with any operations under this contract, including but not limited to construction of water bars on yarding and spur roads as designated by the COR. The Contractor shall immediately discontinue any construction or commercial volume harvesting operations under this contract, upon receipt of written notice from the COR that due to weather or soil moisture conditions, such operations will cause excessive damage to the soil. The COR shall notify the Contractor, in writing, when such operations may be resumed.

H.3.0 REFUSE CONTROL AND DISPOSITION OF WASTE MATERIALS

H.3.1 The Contractor shall remove, or otherwise dispose of all garbage, temporary buildings, trash, litter, discarded equipment or parts, waste materials or other refuse resulting from Contractor's operations. Areas for disposal of waste material shall be subject to approval of the COR.

H.3.2 Waste materials, such as garbage, trash, oil, grease, chemicals and similar substances shall be disposed of in a manner that will prevent their entry by drainage, high water, or other means into any river, watercourse, lake, or reservoir in or near the Contractor's operations. Water used to wash down equipment used for petroleum products, industrial chemicals, cement or other toxic materials shall be disposed of in a manner that will prevent their entry into any watercourse or waterway.

H.4.0 STORAGE AND HANDLING OF HAZARDOUS MATERIALS

H.4.1 All petroleum products, industrial chemicals and similar toxic or volatile materials stored by the Contractor on or near the contract area, in connection with operations under this contract, shall be stored in durable containers and shall be stored in areas, as determined by the COR, which are either located so that any accidental spillage will not drain into any watercourses, lakes, or reservoirs or, when such areas are not available, shall be stored in an area surrounded by impermeable containment dikes of sufficient capacity to contain the aggregate capacity of all tanks.

H.4.2 In addition, the Contractor shall comply with all applicable State and Federal laws and regulations concerning the storage, handling, use and disposal of industrial chemicals, pesticides, herbicides, and other hazardous substances.

BLM CDD/Bakersfield Field Office Page 13 of 64

H.5.0 SIMULTANEOUS USE OF CONTRACT AREA BY OTHERS

The simultaneous use of the contract area by others may be authorized by the Government through issuance of permits, leases, or contracts, provided that the Contracting Officer first determines that such use of the contract area will not seriously interfere with the operations of the Contractor.

H.6.0 RECORDS AND REPORTS

Upon request of the COR, the Contractor shall furnish the following records and reports: (1) volume or quantity of commercial volume cut and removed from the contract area; (2) road costs including road use fees paid in connection with removing commercial volume from the contract area; and (3) prices received for lumber or other wood products.

H.7.0 TIME FOR REMOVAL OF PERSONAL PROPERTY

The Contractor shall have the right within one month after expiration of time for cutting and removal to remove his equipment, improvements, or other personal property from Government lands or rights-of-way;

provided, however, that any improvements such as road surfacing, culverts and bridges which have become a permanent part of a Government Road shall not be removed. The CO may grant an extension of time, not to exceed three months for removal of personal property. Any improvements remaining on Government lands and rights-of-way at the end of the period for removal, or any extension, shall become the property of Government. Any equipment or other personal property remaining on Government land and rights-of-way at the end of this period may be removed at the expense of the Contractor and disposed of in accordance with applicable law.

H.7.1 If in connection with operations hereunder the Contractor, its subcontractors, or the employees of any of them cuts, injures, or removes any Government commercial volume, other than commercial volume to be removed under this contract, such action shall be construed as trespass and the Contractor shall be liable for damages under applicable state law, up to triple damages. If the Contractor cuts or removes any commercial volume not authorized for removal under this contract during any period of suspension, such cutting or removal shall be considered a willful trespass and render the Contractor liable for damages under applicable Federal and state law.

H.7.2 If trespass is determined by the Government as willful, the Contractor shall be responsible for damages up to treble the single damage fair market value of the particular commercial volume cut or removed or injured at the time of trespass, plus all administrative costs incurred by the Government during inspection and appraisal. The total price of commercial volume cut or removed (Item 2) in trespass shall be deducted to the extent of single damages or the value of commercial material under Item 2, whichever is less, from amount due because of trespass. The Contractor shall pay Government for such damages upon written demand by the Contracting Officer.

H.7.3 If the Contractor and/or its subcontractors, cuts, injures, or removes any commercial volume and/or leave trees reserved under this contract, they shall fully cooperate, upon request of the COR, in the investigation of such acts. If full cooperation is not received or not forthcoming, the CO may suspend that portion of the Contractor's operations necessary to preserve evidence pending investigation or permit safe investigation of such acts. Such suspension shall be at no cost to the Government.

H.8.0 HOLD HARMLESS AND RESPONSIBILITY FOR DAMAGES TO THE GOVERNMENT

The Contractor agrees to hold the Government harmless from any claim for damage or loss of property, personal injury, or death and to be liable for any damage suffered, cost, or expense incurred by the

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Government which arise out of any operations under this contract and result from any breach of contract or wrongful or negligent act or omission of the Contractor and its subcontractors. The Contractor shall pay Government for such damages upon written demand by the Contracting Officer.

H.9.0 SAFETY

(a) The Contractor/Recipient shall ensure all operations are in compliance with all applicable Federal, State, and local safety laws and regulations. The Contractor / Recipient shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in this clause.

(b) The Contractor/Recipient shall provide and maintain work environments and procedures which will

(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;

(2) Avoid interruptions of Government operations and delays in project completion dates; and

(3) Control costs in the performance of this contract.

(c) The Contractor/Recipient) shall --

(1) Provide appropriate safety devices;

(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and

(3) Ensure that any additional measures the Contracting/Grants Management Officer determines to be reasonably necessary for the purposes are taken.

(d) Whenever the Contracting/Grants Management Officer becomes aware of any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting/Grants Management Officer shall notify the Contractor/Recipient orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor/Recipient or the Contractor’s/Recipient’s representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor/Recipient shall immediately take corrective action. If the Contractor/Recipient fails or refuses to promptly take corrective action, the Contracting/Grants Management Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor/Recipient shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any suspension or stop work order issued under this clause. When necessary, Contracting/Grants Management Officer will work any other regulatory oversight agency to identify those operations identified to be non-compliant with safety requirements, particularly those operations that pose an immediate endangerment to the public or BLM employees.

(e) The Contractor/Recipient shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts and lower-tier subcontracts.

(f) Before commencing the work, the Contractor/Recipient) shall --

(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in work performance and a plan for controlling these hazards.

Unless otherwise specified in writing, when operations are in progress adjacent to or on roads and/or trails in the harvest unit area, Contractor/Recipient shall furnish, install, and maintain all temporary traffic controls that provide the road or trail user with adequate warning of and protection from

BLM CDD/Bakersfield Field Office Page 15 of 64 hazardous or potentially hazardous conditions associated with its operations. Contractor/Recipient shall prepare a Traffic Control Plan which the Contractor/Recipient has determined is compliant with state and local OSHA and Transportation standards no later than the pre-work meeting and prior to commencing operations. Traffic control devices shall be appropriate to current operating and/or weather conditions and shall be covered or removed when not needed., Flagmen and devices shall be as specified in state OSHA and Transportation standards for logging roads or the “Manual on Uniform Traffic Control Devices for Streets and Highways” (MUTCD) published by the U.S. Department of Transportation - Federal Highway Administration. Included in the Traffic Control Plan, Contractor/Recipient shall note traffic control device locations on a Contractor/Recipient-produced copy of the Contract/Agreement Map.

(2) Meet with representatives of the Contracting/Grants Management Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.

H.10.0 ACCESS

In the event of a site/facility closure, the Contractor shall not perform or make deliveries to the site/facility until it is reopened by the Government, unless otherwise instructed by the Contracting Officer or their designated representative.

H.11.0 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.12.0 ENVIRONMENTAL INTERRUPTION OF WORK

H.12.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for all environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

H.12.2 Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species, identified under BLM Manual 6840, are discovered to be present in or adjacent to the project area.

H.13.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

H.13.1 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.

H.13.2 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.

H.13.3 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

BLM CDD/Bakersfield Field Office Page 16 of 64 performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

H.13.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

H.14.0 ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ);

the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

H.15.0 HAZARDOUS MATERIALS

Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.

Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR

1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

H.16.0 GREEN PROCUREMENT REQUIREMENTS

In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:

• U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm.

• USDA Biobased product listings published at www.biopreferred.gov.

• Energy Star® product listings published at www.energystar.gov/products.

• FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-product-categories

Contractor shall comply with all reporting requirements stated in the applicable clause(s):

• 52.223-1 Biobased Product Certification http://www.epa.gov/cpg/products.htm http://www.bioprefferd.gov/ http://www.energystar.gov/products http://energy.gov/eere/femp/covered-product-categories http://energy.gov/eere/femp/covered-product-categories

BLM CDD/Bakersfield Field Office Page 17 of 64

• 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

• 52.223-4 Recovered Material Certification

• 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items

• 52.223-15 Energy Efficiency in Energy Consuming Products

• 52.223-17 Affirmative Procurement of EPA Designated Items in Service and Construction Contracts

H.17.0 RESTORATION OF RESOURCES

H.17.1 Cleanup - The Contractor is responsible for cleaning up all camp and worksites before leaving the area.

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

H.17.2 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.18.0 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.19.0 CALIFORNIA FARM/FOREST LABOR CONTRACTOR'S LICENSE

If the State of California requires a Farm/Forest Labor Contractor's License, then the contractor awarded this contract and all first-tier subcontractors shall be required to obtain and maintain, during the term of this contract, such a license. Contractors not having a current license will be required to furnish evidence of having obtained such license within ten (10) days after receipt of written notification of contract award.

Failure to obtain, keep and maintain a current license during the term of this contract or the extension thereof shall be a basis for termination for default.

H.20.0 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.

The following clause is provided in full text:

1510-52.222-70 MIGRANT SEASONAL AGRICULTURAL WORKERS PROTECTION ACT REGISTRATION

MAINTENANCE

(a) As set forth in Title 29, Part 500 of the Code of Federal Regulations, Migrant and Seasonal Agricultural Worker Protection, the Contractor shall maintain all necessary U.S. Department of Labor registrations during the performance period of this contract. Failure to maintain a valid registration is grounds for termination of this contract.

(b) In compliance with the Migrant and Seasonal Agricultural Worker Protection Act, the Contractor shall provide the following to meet minimum safety and health standards for housing employees when camping on Federal lands:

BLM CDD/Bakersfield Field Office Page 18 of 64

(1) A shelter to provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect the workers from the cold.

(2) Sanitary facilities for storing food. Ice chests or coolers, with ice supply made from potable water replenished as necessary, to meet the requirement for storage of perishable food items.

(3) An adequate and convenient potable water supply, approved by the appropriate health authority, in each camp for drinking and cooking purposes. As an alternative, commercial bottled water may be used.

(4) Toilet and hand washing facilities adequate for the capacity of the camp, at not less than a 1:15 ratio, supplied with adequate toilet paper. Such facilities shall be maintained in a sanitary condition.

(5) Fly-tight, rodent-tight, impervious, cleanable or single service containers to be used for the storage of garbage. Such containers shall be kept clean and emptied when full.

(6) Basic first aid supplies under the charge of a person trained to administer first aid.

(7) A laundry tray or tub for every 30 workers, or transportation, at least weekly, to a commercial laundromat for all workers.

(End of clause)

(End of Section H)

BLM CDD/Bakersfield Field Office Page 19 of 64

SECTION I – CONTRACT CLAUSES

The following clauses are incorporated by reference:

Clause Title Date

52.202-1 DEFINITIONS JUN 2020

52.203-3 GRATUITIES APR 1984

52.203-5 CONVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

JUN 2020

52.203-16 PREVENTING PERSONAL CONFLICS OF INTERST JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS

NOV 2023

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS

DEC 2014

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATIONS

NOV 2015

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION MAY 2024

52.223-10 WASTE REDUCTION PROGRAM MAY 2011

52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS MAY 2011

52.232-11 EXTRAS APR 1984

52.232-39 UNENFORCEABLITITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

MAR 2023

52.233-1 DISPUTES MAY 2014

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION

APR 1984

52.242-13 BANKRUPTCY JUL 1995

52.243-1 CHANGES-FIXED PRICE AUG 1987

52.247-34 F.O.B. DESTINATION NOV 1991

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-

PRICE)

AP 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

52.212-4 – CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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.

BLM CDD/Bakersfield Field Office Page 20 of 64

(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 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 Federal Acquisition Regulation (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.