Sol_140L4323Q0040.pdf

140L4323Q0040

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

02/23/2023 0040602708

1 74

1220 SW 3rd Avenue, 12th Floor

PORTLAND OR 97204

BLM OR-ST OFC PROC MGMT BR(OR952)

06/12/2023

BLM-OR SALEM DISTRICT OFFICE*

HORNING SEED ORCHARD

27004 S SHECKLY RD

COLTON

OR 97017

503 589-6831Allan Gray

03/03/2023 1500 PS

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

BLM CS: Allan Gray, agray@blm.gov;

BLM CO: Brant Sylvester, bsylvester@blm.gov:

Period of Performance: 03/15/2023 to 06/12/2023

Lisa Bond, COR, 503-630-8402, ebond@blm.gov

00010 Horning Native Conifer Grafting Product/Service Code: F099 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- OTHER

Delivery: 06/12/2023

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

Conifer Grafting, Horning Seed Orchard, Oregon SOLICITATION NO. 140L4323Q0040 BLM NorthWest Oregon District Page 2 of 74

Combined Synopsis/Solicitation This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Solicitation no. 140L4323Q0040 has been issued as a Request For Quotation for a firm fixed price commercial items services contract for Conifer Bench Grafting, located at Horning Seed Orchard, Oregon within the vicinity of the North West Oregon district area of responsibility at one lump sum price. The scope of work includes grafting various tree species. The performance period is from March 15, 2023, through June 12, 2023. F.O.B. Destination. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-01 published December 1, 2022.

The provision at 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. The provision at 52.212-2, Evaluation - Commercial Items, applies to this acquisition. The following factors shall be used to evaluate offers: RELEVANT EXPERIENCE, TECHNICAL APPROACH, PAST PERFORMANCE, and PRICE. Offerors are advised to submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items, with its offer. The clause at 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. The clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes Or Executive Orders - Commercial Items and 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Oct 2021 deviation) applies to this acquisition. This requirement is set-aside for SMALL BUSINESS. The NAICS code is 113210 Forest Nurseries and Gathering of Forest Products, and the small business size standard is $12.0. The basis of award is the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award will be made to the responsible respondent pursuant to FAR subpart 9.1. Responses shall be received via email at agray@blm.gov and blm_or_so_952_mail@blm.gov by the response due date and time.

mailto:agray@blm.gov

BLM NorthWest Oregon District Page 3 of 74

SERVICES AND PRICES

This requirement is for one(1) Firm Fixed Price Commercial Services Contract for Connifer Bench Grafting at Horning Seed Orchard, Oregon.

Item no. Item Description Quantity Unit of Measure

Unit Price Total

0001 Bench Grafting

Douglas Fir *764 Tree $ $ Ponderosa Pine *327 Tree $ $

Sugar Pine *55 Tree $ $ White Fir *300 Tree $ $ Western Hemlock *10 Tree $ $

Noble Fir *25 Tree $ $

Total number of Trees *1481

Item for review

Do you have experience grafting Conifers?

Circle one

To the right

Yes No

Item for review

Do you have experience grafting other tree species

Circle one

To the right

Yes No

TOTAL DOLLAR QUOTE $

* Estimated Quantity Tree = Tree

PERIOD OF PERFORMANCE: See Deliveries or Performance section.

(End of Supplies/Services and Prices/Costs)

BLM NorthWest Oregon District Page 4 of 74

STATEMENT OF WORK

STATEMENT OF WORK

Conifer Grafting 2023

1.0 GENERAL

1.1 Description of Work - The Oregon Bureau of Land Management (BLM) is contracting for grafting of native conifer species at BLM’s Horning Seed Orchard (Northwest Oregon District). Tasks include bench grafting of scion material from specific families to compatible rootstock in a greenhouse at Horning Seed Orchard. Grafted trees will be grown to meet BLM seed production needs.

1.2 Location of Work - Bench grafting will take place at Horning Seed Orchard, which is located at 27004 S. Sheckly Road, Colton, Oregon. (See Attachment 3: “Horning Vicinity Map.”)

1.3 All work shall be performed Monday through Friday and limited to the hours between 7:00 a.m. and 5:00 p.m. No work shall be done at Horning Seed Orchard on Saturday or Sunday or on Federal holidays unless mutually agreed to by the COR and the Contractor. Camping overnight at the orchards will be considered on a case-by-case basis and discussed at the pre-work conference.

1.4 Sequence and Timing of Work - Tasks are based on biological windows, weather conditions, site/field conditions, and availability of scion material. The exact timing of operations depends on many factors and will be established by the Contracting Officer’s Representative (COR) at the pre-work meeting.

1.5 Pre-Work Conference - A pre-work conference will be held with the successful contractor(s) after contract award and prior to starting work to ensure a clear understanding of the scope of the contract, inspection and payment schedules. The Contractor(s) will be notified in advance of the meeting time, date and place.

1.6 Fire Season - The Contractor shall be aware of all applicable restrictions in effect under ODF fire season requirements and will stay informed regarding any changes in restrictions. The Permission to Operate shall be obtained when a close-down order is in effect.

2.0 DEFINITIONS

Breeding Unit (BU) – A geographic area of similar growing conditions over which controlled crosses (breeding) and long-term testing of growth/yield and preferred traits are conducted for each advancing generation of tree improvement.

Cambium – The layer of live, growing tissue that lies beneath the bark.

Clone - An organism that is genetically identical to the unit or individual from which it was derived.

Family - A group of ramets (individuals) derived from a common stock.

GID – Genetic Identification Number; a unique number given to each clone and family to distinguish it from other individuals.

Graft – The merging of scion material from a selected parent tree with rootstock.

Legible – Plain, clear and readable, as used in reference to writing or record keeping.

BLM NorthWest Oregon District Page 5 of 74

Orchard Unit (OU) – Also known as Seed Production Orchard (SPO). A group of genetically improved trees selected from a specific geographic breeding unit used for producing seed for reforestation material.

Parent Tree – An individual specimen from which scion is collected from in order to create a ramet of a clone by grafting.

Ramet – An individual member of a clone.

Rootstock – Seedlings to which scion will be grafted.

Scion - A shoot or twig cut from a selected parent tree, clone or family for grafting.

Tree Number – A unique number given to each clone and family to distinguish it from other individuals.

Tree Location – Orchard tree location based on unit, row and column position.

3.0 CONTRACTOR – FURNISHED ITEMS

3.1 Property and Services - The Contractor shall furnish all labor, equipment and materials necessary to perform grafting activities, including personal protective equipment, except for materials provided for in Section.4.0 Government-Furnished Items. The Contractor shall assure all equipment is safe and adequate to do the work. Equipment shall be well-maintained, and the Contractor shall be responsible for keeping the equipment in such condition. The Contractor is solely responsible for the security of its equipment and materials.

3.2 Personnel Requirements - The Contractor shall maintain an adequate work force at all times to ensure timely completion of the work. The Government reserves the right to require the Contractor to remove from the project any personnel who are found to be ineffectual or operate equipment in an unsafe manner. The Contractor shall provide replacement personnel by the start of the following workday.

3.2.1 Supervisor requirements – An experienced, English-literate supervisor who is knowledgeable about grafting and who understands the requirements of this contract shall be provided. The supervisor must effectively direct the crew by (1) making periodic inspections of the crew's work to ensure proper performance, materials care, and record keeping; (2) advising them as to deficient work; and (3) providing instructions for correcting such deficiencies. Should the supervisor fail to adequately perform these duties, the Government has the right to request replacement of that crew supervisor.

Any changes in supervisory designations must be submitted in writing to the COR at least 24 hours prior to the change taking effect.

3.2.2 The supervisor shall have a copy of the contract and know the requirements of the contract including technical requirements. The COR or Project Inspector (PI) will not act as a supervisor to the crew(s).

The COR/PI may require that the supervisor act solely as the supervisor and perform no other work if work quality is found to be below acceptable quality standards.

3.2.3 Crew members performing work under this contract shall know, understand, and perform work according to the requirements and specifications of the contract.

3.3 Other Requirements

3.3.1 The Contractor shall attend a pre-work conference before starting work.

BLM NorthWest Oregon District Page 6 of 74

3.3.2 The Contractor shall comply with all State Safety and Occupational Safety and Health Administration (OSHA) regulations for all operations. The Government will not provide a safety person.

3.3.3 Accessibility to emergency transportation shall be provided by the Contractor at all times.

4.0 GOVERNMENT-FURNISHED PROPERTY AND SERVICES

4.1 Upon receipt of any Government-furnished property, the Contractor shall be responsible for its protection from damage, loss, or destruction.

4.2 The Government will furnish the following materials:

a. Family/Clone lists with the number of ramets per clone to graft.

b. Grafting tags identifying parent tree identification numbers (GID, breeding unit, tree number or family number) and orchard planting locations.

c. Potted rootstock onto which bench grafting will occur.

d. Scion material to be grafted, including identification numbers (GID, breeding unit, tree number or family number).

5.0 SPECIFIC TASKS

5.1 Records, Notification and Inspections

5.1.1 The Contractor shall maintain adequate, legible daily records, which shall be turned into the Government at the end of each day for inspection. It is imperative that proper records are kept.

Family and clone information must be adequately tracked throughout the process so that scion material is grafted to the proper rootstock and that each grafted tree has a documented link back to its parent tree. Identification for scion or grafted tree shall include: orchard or site name, orchard unit, row, column, and identification number (GID, tree number or family number). Contractor records shall be available at the end of each day to the COR and include the date, name of personnel and work accomplished.

5.1.2 Any changes, difficulties, or damage to infrastructure which include, but are not limited to, orchard trees, irrigation systems, fences, greenhouse, or supplies shall be noted and reported to the COR within 24 hours and corrected within 48 hours. Damage caused by the Contractor shall be repaired at no cost to the Government.

5.1.3 Inspection and Analysis - The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. The inspection results and summary shall be used by the Contractor to gauge compliance with contract specifications. Complete records of all inspection work performed by the Contractor shall be maintained and provided to the COR on completion of the job.

5.2 Grafting

5.2.1 Bench graft Douglas-fir, ponderosa pine, sugar pine, white fir, western hemlock, and noble fir scion material to the appropriate potted rooted rootstock in the greenhouse at Horning. Rootstock seedlings will be one to three years old at time of grafting. The average height of rootstock material is expected to be 12-36 inches.

5.2.2 Cleft grafting is preferred, matching the diameter of the scion material with that of the rootstock to closely join the cambium layers. Alternatives to cleft grafting will be considered, based on experience of the grafters with various species. Rootstock that is too small or which lacks vigor shall be noted and not be used for grafting.

BLM NorthWest Oregon District Page 7 of 74

5.2.3 Grafts will be banded to provide protection and support. Contractor supplied bands shall be treated with a solar protectant/tree wound dressing/emulsion immediately after application, allowing the bands to last through early summer before ultimately breaking down.

5.2.4 Each grafted tree shall be labeled so that its scion wood can be genetically linked to the individual tree it was collected from. The Contractor shall attach the provided identification tag to rootstock immediately upon grafting in order to maintain clonal/family identity of ramets.

5.3 General Cleanup

5.3.1 Upon daily completion of work, the Contractor shall clean up areas of the greenhouse and orchard units where contract operations have occurred. All tools, material, and equipment shall be removed from orchard lands at the end of the day, unless agreed to by the COR at the pre-work meeting. All trash shall be placed in a trash bin.

5.3.2 When the contract work is complete, all Government-supplied materials shall be accounted for. The greenhouse where contract operations have occurred shall be left clean and free of trash and organic debris.

5.4 Work Stoppage - A suspension of work may occur due to weather or ground conditions, or if scion materials or rootstock trees are not ready for treatment.

6.0 INSPECTION/ACCEPTANCE OF WORK

6.1 All work included in the contract specifications shall be subject to inspections by the Government at periodic intervals during the performance of the contract. The inspections will be a basis for acceptance, payment, and recommendations for adjustments in work quality while the work is in progress. The Contractor is encouraged to observe inspections while they are being performed. The inspections shall not release the Contractor of the responsibility of providing quality control measures to assure that the work strictly complies with the contract requirements.

6.2 Inspection of Grafting - the COR/PI will randomly inspect 10% of the grafted trees to ensure (1) that the scion is grafted into the correct orchard location, (2) that scion diameter is properly matched to the rootstock, (3) that grafts are properly banded and protected from solar degradation, and (4) bench grafted seedlings are properly tagged for identification.

6.4 Acceptance of work for payment will be based on inspection results. Inadequate performance of specifications may result in rejection of all work that is affected by the inadequate performance.

6.5 Unsatisfactory Work Quality - Based on inspection results, if work quality is deemed unacceptable, the COR will immediately notify the Contractor in writing and instruct the Contractor to improve the quality of the work. If the quality of the work is not raised to an acceptable level after written notification, the Contracting Officer may issue a suspend work order to resolve the problem, during which time the contract performance time will continue to run.

6.6 Rework - The Contractor shall rework any area or portion thereof that does not meet the terms of the contract. If the inspection reveals the need for rework, the COR will notify the Contractor immediately in writing. All rework must be completed within biological timeframes and before proceeding with new tasks.

6.7 All damage to the orchard infrastructure shall be repaired at Contractor cost.

BLM NorthWest Oregon District Page 8 of 74

7.0 PAYMENT

7.1 Payment will be based on the bid price and the total number of acceptable units completed.

7.2 Gate keys will be supplied to the Contractor after the contract is awarded. The keys shall be returned to the Contracting Officer’s Representative (COR) in a usable condition before task order final payment is made. The Contractor shall be charged $50.00 for each key lost or returned in an unusable condition.

(End of Statement of Work)

BLM NorthWest Oregon District Page 9 of 74

INSPECTION AND ACCEPTANCE

The following clause is incorporated by reference:

Clause Title Date

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984

(End of Inspection and Acceptance)

BLM NorthWest Oregon District Page 10 of 74

DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The contract shall commence from date of award for a period aproximately 90 days. Anticipated start date is March 15, 2023 through June 12, 2023.

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 clause is incorporated by reference:

52.242-15 STOP WORK ORDER AUG 1989

The following clauses are provided n full text:

(End of Deliveries or Performance)

BLM NorthWest Oregon District Page 11 of 74

CONTRACT ADMINISTRATION DATA

G.1.0 In accordance with FAR clause 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, the Contractor is required to annually report the product types and dollar value of any USDA-designated biobased products purchased during the previous fiscal year (October 1- September 30) through the System for Award Management (SAM). The report is due no later than October 31 of each year during contract performance and at the end of contract performance. Failure to submit the report into SAM in a timely manner may result in contractual remedies.

The following local clauses are provided in full text:

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) 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 FAR42.15.

(b) 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.

(c) We request that you furnish the Contracting Officer 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. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) 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 http://www.cpars.csd.disa.milJ. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating ''No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 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." Your response is due within 30 calendar days after receipt of the CPAR.

http://www.cpars.csd.disa.milj/ http://www.cpars.csd.disa.mil/

BLM NorthWest Oregon District Page 12 of 74

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

(1) 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 Contracting Officer for instructions.

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

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer 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 30- day review period.

(h) 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)

(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 Products and Commercial Services included in commercial products and commercial services 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”.

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 Contract Administration Data) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

BLM NorthWest Oregon District Page 13 of 74

SPECIAL CONTRACT REQUIREMENTS

1.0 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.

2.0 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.

3.0 ENVIRONMENTAL INTERRUPTION OF WORK

3.1 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.

3.2 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.

4.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

4.1 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.

4.2 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.

4.3 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 performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

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

5.0 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

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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.

6.0 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.

7.0 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

• 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

8.0 RESTORATION OF RESOURCES

8.1 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.

8.2 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.

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

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9.0 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.

10.0 OREGON FARM/FOREST LABOR CONTRACTOR'S LICENSE

If the State of Oregon requires an Oregon 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.

Information on obtaining this license may be obtained from:

Bureau of Labor and Industries Contact: Licensing Unit Wage and Hour Division Telephone: (503) 373-1463 3865 Wolverine St. NE; E-1 Fax: (503) 373-7636 Salem, OR 97305-1268

11.0 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:

(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.

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(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)

FIRE REQUIREMENTS PROCEDURES OUTLINE [FOR OREGON, Dec 2013]

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.

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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 1 1 1 1 1 1 2 2 2 2 2

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.

(End of Special Contract Requirements)

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CONTRACT CLAUSES

The following provision is incorporated by reference:

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

The following clauses are incorporated by reference:

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

CONTRACTORS

NOV 2021

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 2021)

(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 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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1

BLM NorthWest Oregon District Page 19 of 74

(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.

(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

EF…