Sol_140L4323Q0222.pdf

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LHA

PORTLAND OR 97204

1220 SW 3rd Avenue, 12th Floor

BLM OR-ST OFC PROC MGMT BR(OR952)

0004276614 CODE 16. ADMINISTERED BYCODE

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541990

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14. METHOD OF SOLICITATION

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SMALL BUSINESS

08/22/2023 1000 PD

08/15/2023

(503)808-6739Kevin Cochran (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L4323Q0222

5. SOLICITATION NUMBER

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

1 61 0040611760OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

NORTH BEND OR 97459-2000

1300 AIRPORT LANE

BLM-OR COOS BAY DISTRICT OFFICE*

15. DELIVER TO

PORTLAND OR 97204

1220 SW 3rd Avenue, 12th Floor

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EFFECTIVE DATE

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SMALL BUSINESS

HUBZONE SMALL

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BLM OR-ST OFC PROC MGMT BR(OR952)

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EDWOSB

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SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Contracting POC: Kevin Cochran, kjcochran@blm.gov, 503-808-6739.

VENDOR POC: _______________________________

VENDOR TELEPHONE: _________________________

VENDOR EMAIL ADDRESS: _____________________

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HEREIN, IS ACCEPTED AS TO ITEMS:

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DATED

Matthew Duane

. YOUR OFFER ON SOLICITATION (BLOCK 5),

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SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

VENDOR TELEPHONE: _________________________

Period of Performance: 01/01/2024 to 12/31/2025

00010 WESTERN SNOWY PLOVER ANNUAL MONITORING 2024

Product/Service Code: B509

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- ENDANGERED SPECIES: PLANT/ANIMAL

Delivery: 12/31/2024

Period of Performance: 01/01/2024 to 12/31/2024

00020 WESTERN SNOWY PLOVER ANNUAL MONITORING 2025

(Option Line Item)

Anticipated Exercise Date 09/01/2024

Product/Service Code: B509

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- ENDANGERED SPECIES: PLANT/ANIMAL

Delivery: 12/31/2025

Period of Performance: 01/01/2025 to 12/31/2025

00030 WESTERN SNOWY PLOVER ANNUAL MONITORING 2026

(Option Line Item)

Anticipated Exercise Date 09/01/2025

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

61 2 of

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3 61

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REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140L4323Q0222

Product/Service Code: B509

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- ENDANGERED SPECIES: PLANT/ANIMAL

Delivery: 12/31/2026

Period of Performance: 01/01/2026 to 12/31/2026

00040 WESTERN SNOWY PLOVER ANNUAL MONITORING 2027

(Option Line Item)

Anticipated Exercise Date 09/01/2026

Product/Service Code: B509

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- ENDANGERED SPECIES: PLANT/ANIMAL

Delivery: 12/31/2027

Period of Performance: 01/01/2027 to 12/31/2027

00050 WESTERN SNOWY PLOVER ANNUAL MONITORING 2028

(Option Line Item)

Anticipated Exercise Date 09/01/2027

Product/Service Code: B509

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- ENDANGERED SPECIES: PLANT/ANIMAL

Delivery: 12/31/2028

Period of Performance: 01/01/2028 to 12/31/2028

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

WESTERN SNOWY PLOVER MONITORING, NORTH BEND, OR SOLICITATION NO. 140L4323Q0222

BLM COOS BAY DISTRICT OFFICE NAME Page 4 of 61

SECTION B – SERVICES AND PRICES

This requirement is for one (1) Firm Fixed Price Commercial Services Contract for Western Snowy Plover Monitoring in North Bend, OR. The contract contains a one (1)-year Base plus four (4) additional one (1)-year term and/or quantity options.

BASE

Item no. Item Description Quantity Unit of

Measure Unit Price Total

0001 Western Snowy Plover Annual Monitoring 2024

1 EA $

Option

Western Snowy Plover Annual Monitoring 2025

1 EA $ $

Option

Western Snowy Plover Annual Monitoring 2026

1 EA $ $

Option

Western Snowy Plover Annual Monitoring 2027

1 EA $ $

Option

Western Snowy Plover Annual Monitoring 2028

1 EA $ $

GRAND TOTAL – Base plus Options

PERIOD OF PERFORMANCE: See Section F.

(End of Section B)

BLM COOS BAY DISTRICT OFFICE NAME Page 5 of 61

SECTION C – STATEMENT OF WORK

BASIC REQUIREMENTS

To perform this work, the contractor must have permits from the U.S. Fish and Wildlife (USFWS) (Ecological Services Division and Migratory Birds Division) and from Oregon Department of Fish and Wildlife (ODFW).

These three permits take several months to acquire and are not guaranteed to be granted. Therefore, to ensure that the contractor is capable of performing the work included in this contract, at the time a bid proposal is submitted, the Contractor must have:

1. An Endangered Species permit (Section 10(a)(1)(A)) from the USFWS to conduct the work described below on snowy plovers at those locations,

2. A Master Banding Permit from the USFWS Division of Migratory Birds office to band snowy plovers in Oregon, and

3. Scientific takings permit from ODFW for snowy plovers.

Statement of Objectives (SOO)

1. PURPOSE:

Western Snowy Plover Recovery Plan (USFWS 2007) and the Oregon Conservation Program for the Western Snowy Plover (ODFW 1994) require the annual population monitoring of the species. The BLM is required under their Biological Opinions with the Fish & Wildlife service to continue monitoring of snowy plover populations at their two managed sites: New River and Coos Bay North Spit.

2. SCOPE OR MISSION:

To monitor the distribution, abundance and productivity of the federally threatened Western Snowy Plover at the two BLM Oregon managed sites. The project area surveys and monitors for plover activities at Coos Bay North Spit and New River HRA. The objectives are: 1) estimate the size of the adult snowy Plover population,

2) locate plover nests, 3) determine nest success, 4) implement nest protection as appropriate (e.g. ropes, signs, exclosures), 5) monitor a sample of broods to determine brood fate and plover productivity, and 6) use cameras and observational data to document predator activity at nests.

The objectives include; survey and monitor the adult plover population, including color-banding adults; re-sight banded adults; survey and monitor nests to determine success or failure; monitor nests via cameras and by evaluating tracks, egg shells, or other evidence at the nest to determine fate; unbury viable eggs/nests; erect nest exclosures when determined to be appropriate by the BLM; float eggs to determine hatch date; color band chicks; track chicks to fledging; communicate potential predation issues to BLM and APHIS staff; and communicate human disturbance issues to the BLM and law enforcement.

3. PERIOD AND PLACE OF PERFORMANCE:

The Contractor shall conduct field surveys for the Western Snowy Plover, Charadrius nivosus, (hereafter snowy plover) at the New River and Coos Bay North Spit sites (hereafter sites), see maps of North Spit and New River in attached documents “North Spit, New River North, New River Central, New River South.”

The work will be on a calendar year from January to December, starting with a base year and four option years.

Survey areas include:

• Coos Bay North Spit (CBNS), Coos Co. (see North Spit map): South Beach - the beach from the north jetty north to the Horsefall area; and South Spoil/HRAs - the south dredge spoil and adjacent habitat restoration areas (94HRA, 95HRA, 98HRA). This area is managed by BLM and OPRD.

BLM COOS BAY DISTRICT OFFICE NAME Page 6 of 61

• New River, Coos Co. (see New River North, New River Central, and New River South Maps): The privately owned beach and sand spit south of Bandon Snowy Plover Management Area south to BLM lands, and the BLM Storm Ranch Area of Critical Environmental Concern habitat restoration area (HRA).

o Survey area boundaries will not be physically identified on the ground. Most boundaries will require interpretation of physical features on aerial photos and topographic maps and/or the use of a GPS device.

o Access – Survey areas are accessible by sand road passable only with a 4-wheel drive vehicle, ATV, UTV, or similar. Some survey areas can be accessed only by foot, requiring several miles of walking on sand.

Due to coastal tides, some areas may be accessible by UTV/ATV part of the year, and only by foot at other times. A permit from Oregon Department of Parks and Recreation may be required to drive on the beaches. The Contractor is responsible to ensure that they have all applicable permits.

o Private Lands – Due to mixed land ownership, travel through private lands is required to access some survey areas. As a result, access may be restricted through private lands and may include locked and unlocked gates, access agreements, and notification requirements. Private land owners may require any or all of the following: notification prior to crossing their lands, a gate key deposit, and/or an access agreement. It is the responsibility of the Contractor to gain and maintain access through private lands by following the terms of agreement, by following all public laws, and by maintaining a good working relationship with landowners.

o Gates - Some areas and roads may be behind locked gates. Locked gates shall remain locked at all times other than when the Contractor is passing through them. Access is granted only to complete tasks within the scope of the task order. BLM keys, for access to gates locked with a BLM lock, will be signed by the Contractor on a DI- 105 form, Receipt for Property. The keys shall be returned to the Contracting Officer's Representative (COR) in a usable condition before final payment is made. The Contractor will be charged actual cost for replacement of a lost key or a key returned in an unusable condition.

o It is the responsibility of the Contractor to determine local conditions affecting access to each area. Tides, wind, rain, and other adverse weather can affect access.

4. BACKGROUND:

The Western Snowy Plover (Charadrius nivosus nivosus) breeds along the coast of the Pacific Ocean in California, Oregon, and Washington and at alkaline lakes in the interior of the western United States (Page et

al. 1991). Loss of habitat, predation pressures, and disturbance have caused the decline of the coastal population of Snowy Plovers and led to the listing of the Pacific Coast Population of Western Snowy Plovers as threatened on March 5, 1993 (U.S. Fish and Wildlife Service 1993). Oregon Department of Fish and Wildlife listed the Western Snowy Plover as threatened throughout the state (ODFW 2009).

Oregon has completed our 32nd year of monitoring the distribution, abundance, and productivity of Snowy Plovers along the Oregon coast during the breeding season. In cooperation with Federal and state agencies, plover management has focused on habitat restoration and maintenance at breeding sites, non-lethal and lethal predator management, and management of human related disturbances to nesting plovers. The goal of management is maintaining recent improvements in annual productivity, leading to a sustainable Oregon breeding population at or above recovery levels. Previous work and results have been summarized in annual reports (Stern et al. 1990 and 1991, Craig et al. 1992, Casler et al. 1993, Hallett et al. 1994, 1995, Estelle et

al. 1997, Castelein et al. 1997, 1998, 2000a, 2000b, 2001, and 2002, and Lauten et al. 2003, 2005, 2006, 2006b, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016). The objectives for the Oregon coastal population in 2017 were to: 1) estimate the size of the adult Snowy Plover population, 2) locate plover nests, 3) determine nest success, 4) implement nest protection as appropriate (e.g. ropes, signs, exclosures), 5) monitor a sample of broods to determine brood fate and plover productivity, and 6) use cameras and observational data to document predator activity at nests.

5. PERFORMANCE OBJECTIVES, GOALS AND OUTCOMES:

BLM COOS BAY DISTRICT OFFICE NAME Page 7 of 61

DELIVERABLES

a. Weekly progress reports will be provided via email to BLM personnel throughout the field season. Weekly reports shall be provided for weeks starting April 1 through the week including September 14 on a format supplied by the BLM (sample provided titled “Weekly Report”).

b. The Contractor shall provide an annual summary report, incorporating analysis of monitoring data starting in 1990, by December 31 annually in an electronic format. The report shall include discussion and analysis of the following by site; adult numbers; nesting success (total number of successful nests/total number of nests observed by site), including success of unexclosed and exclosed nests (if any); fledging success; number of predated nests and discussion of specific predators of interest; fledglings per male; number of fledglings produced per eggs laid for the survey year and in relation to previous years of monitoring data; overwinter return rate of adults;

overwinter return rate of birds that were fledged the previous year. The above information shall be provided, in tabular and/or chart form in relation to the previous at least 20 years of data. The annual report shall also include use of remote cameras, and numbers of birds banded. Information provided in chart form shall also be provided in tabular form, either in the annual report, or as a separate document. The report shall also include recommendations for management actions that may improve survival and/or breeding success in the future (for example, habitat modification, predator control). The report shall also include:

i. A typed description of methodology used to complete surveys.

ii. Author and contact information plus a table of all surveyors’ names and their initials (include middle initial if available) (as used on data forms).

iii. A comprehensive table of all surveys and their results.

c. The contractor will provide banding data including Federal band number, current and previous color band combinations, sex, age, and banding location by December 31.

d. The contractor shall provide, by December 31, a spreadsheet capable of export to a GIS format containing the following information: year, nest location, nest id number, nest fate, USGS band numbers and color combinations of adults associated with nest (if known/banded), USGS band numbers and color combinations of chicks associated with each nest.

e. Electronic copies of photos taken with nest cameras that document cause of nest failures will be submitted by December 31.

f. The contractor will provide electronic copies of spreadsheets used to generate annual report.

g. Information and data published as a result of this project will give appropriate credit to all contributing partners.

h. The contractor will present a summary of their annual results, and provide analysis of how these results relate to historical data since 1990 of; adult numbers; nesting success, including success of unexclosed and exclosed nests (if any); fledging success; number of predated nests and discussion of specific predators of interest; fledglings per male; and number of fledglings produced per eggs laid at the annual Unit 1 Recovery meeting.

i. In January or February of each year, the Contractor will attend an annual pre-season predator meeting held at a location between Salem and North Bend. The Contractor will participate in a mid-season conference call held on or around May 15, as established by the annual predator control working group. The Contractor will participate in at least two additional calls to discuss predation issues during the breeding season.

j. If the contractor observes illegal, prohibited, or unauthorized activities, they shall notify law enforcement authorities as soon as possible (within 3 hours). BLM staff will also be notified at the same time. The contractor shall carry a contact list (provided by the BLM) and a communication device (e.g., cellular phone) for this purpose

k. Recovery Plan Monitoring: A winter and a breeding season window survey will be conducted according to Appendix J-2 and J-1, respectively, in the Western Snowy Plover Recovery Plan.

The survey is conducted during a one-week window on designated routes at the North Spit and New River sites on dates selected by the U.S. Fish and Wildlife Service.

BLM COOS BAY DISTRICT OFFICE NAME Page 8 of 61

6. ANY OPERATING CONSTRAINTS.

To perform this work, the contractor must have permits from the U.S. Fish and Wildlife (USFWS) (Ecological Services Division and Migratory Birds Division) and from Oregon Department of Fish and Wildlife (ODFW).

These three permits take several months to acquire and are not guaranteed to be granted. Therefore, to ensure that the contractor is capable of performing the work included in this contract, at the time a bid proposal is submitted, the Contractor must have:

• an Endangered Species permit (Section 10(a)(1)(A)) from the USFWS to conduct the work described below on snowy plovers,

• a Master Banding Permit from the USFWS Division of Migratory Birds office to band western snowy plovers, and

• a scientific takings permit from ODFW for western snowy plovers.

Environmental interruption of work 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.

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.

Definitions

• Accessing the development of shorebird eggs using the flotation method: Research document “Liebezeit, J.R., P.A. Smith, R.B. Lanctot, H. Schekkerman, I. Tulp, S.J. Kendall, D.M. Tracy, R.J. Rodrigues, H. Meltofte, J.A.

Robinson, C. Gratto-Trevor, B.J. McCaffery, J. Morse, and S.W. Zack. 2007. Accessing the development of shorebird eggs using the flotation method: species-specific and generalized regression models. The Condor 109(1): 32-47.” Attached as “LiebezeitEtAl2007FloatingEggsShorebirds.”

• Breeding Season Survey: The Breeding Season Survey conducted following the protocol laid out in Appendix J of the Recovery Plan.

• Closed area: Areas that the BLM has placed signs, and in many cases, rope around to demarcate areas where plovers are nesting and raising young. These areas are closed to the general public.

• Closed area violation: Evidence that the public has violated the posted areas that are closed to protect nesting snowy plovers. Evidence may include, but is not limited to, human tracks, dog tracks, horse tracks, vehicle tracks (other than USDA APHIS tracks), stolen ropes or signs, evidence of camping, or evidence of campfires.

• CBNS: Coos Bay North Spit area to be surveyed under the contract. Land is managed by BLM and OPRD, see map: Coos Bay North Spit

• Distribution and reproductive success of the western snowy plover along the Oregon Coast-2017: Report “Lauten, D.J., K.A. Castelein, J.D. Farrar, A.A. Kotaich, E. Krygsman, and E.P. Gaines. 2017. The Distribution and reproductive success of the western snowy plover along the Oregon Coast-2017. The Oregon Biodiversity Information Center, Institute for Natural Resources.” Attached as “LautenEtAl2017 OR SNPL Monitoring report.”

• Nest: nest bowl or scrape with eggs or tangible evidence of eggs in the bowl (e.g. eggs shells, chicks).

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• Nest exclosure: A mesh fence surrounding a snowy plover nest designed to keep predators out while allowing plovers to enter and exit. Nest exclosure designs are described in the following document: “Dinsmore, S.J., D.J.

Lauten, K.A. Castelein, E.P. Gaines, and M.A. Stern. 2014. Predator exclosures, predator removal, and habitat improvement increase nest success of snowy plovers in Oregon, USA. The Condor 116: 619-628.” Located on the internet at: http://www.americanornithologypubs.org/doi/pdf/10.1650/CONDOR-14-7.1.

• Nest Failure: A nest that has failed to hatch any eggs. The contractor should attempt to determine the cause of nest failure using indications including evidence at the nest such as predator tracks or egg remains, nest cameras, or time elapsed since the start of incubation (to determine whether the eggs may be infertile).

• Nest site selection and clutch predation in the snowy plover: Research document “Page, G.W., L.E. Stenzel, and C.A. Ribic. 1985. Nest site selection and clutch predation in the snowy plover. The Auk 102(2): 347-353.”

Attached as “PageEtAl1985Nest Site Selection and Clutch Predation in the Snowy Plover.”

• New River: See maps: New River North, New River Central, New River South.

• ODFW: Oregon Department of Fish and Wildlife

• OPRD: Oregon Parks and Recreation Department – manages the shoreline below the high water line.

• Point Blue Conservation Science: The entity that coordinates band combinations. All snowy plover banding on plover areas follows the protocol set by Point Blue.

• Predator Tracks: Tracks, scat, crushed or eaten eggs, or other sign of predators in the snowy plover area.

Common predators are listed on the “Weekly Report Template” document.

• Recovery Plan: “Recovery Plan for the Pacific Coast Population of the Western Snowy Plover (Charadrius alexandrinus nivosus)” by the USFWS, 2007. Located on the internet at:

http://www.westernsnowyplover.org/recovery_plan.html

• Site: The location where the contractor is surveying for plovers (i.e. North Spit or New River).

• Successful nest: hatched at least one egg.

• Unsuccessful/failed nest: contractor finds buried or abandoned eggs, infertile eggs, depredated eggs, signs of depredation (e.g. mammalian or avian tracks or eggshell remains not typical of hatched eggs or nest cup disturbance), or eggs disappeared prior to the expected hatch date.

• USDA Wildlife Services: A division of the U.S. Division of Agriculture contracted to perform predator control to improve reproductive success of the snowy plover.

• USFWS: U.S. Fish and Wildlife Service

• Weekly Report: Report in a spreadsheet provided by the BLM (see sample document titled “Weekly Report Template” for current format) to be submitted weekly starting the week of April 1 and concluding the week including September 14.

• Weather that precludes monitoring activities: The monitors’ presence on the beach causes adults to stop tending their eggs or chicks, leaving them exposed to ambient weather. In cases where the weather is bad enough, this exposure may result in nest failure or chick death. Therefore, in heavy rain, wind strong enough that the nest bowl may fill in with sand when the adult leaves, cold temperatures below 35 degrees Fahrenheit, or hot temperatures exceeding 95 degrees Fahrenheit, monitors should not engage in activities that cause adults to leave their nest(s) or stop brooding chicks. Passive sampling, which does not cause the birds to change their behavior, may still occur.

• Winter Season Survey: The Winter Season Survey conducted following the protocol laid out in Appendix J of the Recovery Plan.

• WSP: Western snowy plover

(End of Section C)

BLM COOS BAY DISTRICT OFFICE NAME Page 10 of 61

SECTION F – DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The contract shall commence from date of award for a period up to Five (5) years if options are exercised.

Period of Performance: Base January 1, 2024 through December 31, 2024 Period of Performance: Base January 1, 2025 through December 31, 2025 Period of Performance: Option Period 1: January 1, 2026 through December 31, 2026 Period of Performance: Option Period 2: January 1, 2027 through December 31, 2027 Period of Performance: Option Period 3: January 1, 2028 through December 31, 2028

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:

Clause Title Date

52.242-15 STOP WORK ORDER AUG 1989

SECTION G – CONTRACT ADMINISTRATION DATA

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.

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(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 https://www.cpars.gov/. 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 https://www.cpars.gov/. 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.

(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 – https://www.cpars.gov/ https://www.cpars.gov/ https://www.cpars.gov/ https://www.cpars.gov/

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Commercial Products or Commercial Services included in commercial products or 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.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

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

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.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.

H.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.

H.3.0 ENVIRONMENTAL INTERRUPTION OF WORK

H.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.

H.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.

H.4.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

H.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.

H.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.

H.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.

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

H.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

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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.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.

H.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

H.8.0 RESTORATION OF RESOURCES

H.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.

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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H.8.2 Site and Access Roads – Site and public or private access roads negligently 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.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.

H.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

H.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:

FIRE REQUIREMENTS PROCEDURES OUTLINE

This outline covers the fire protection requirements of a contractor or private party who performs service or construction contracts on BLM land. In western Oregon, the BLM allows Oregon Forest Law (ORS) and Oregon Administrative Rules (OAR) to apply to these operations on BLM lands rather than develop similar rules applicable only to BLM lands.

1. CLOSED FIRE SEASON

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

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

• Fire tools must be on site;

• Fire extinguisher must be in all vehicles;

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

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

BLM COOS BAY DISTRICT OFFICE NAME Page 16 of 61

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

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

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

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

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

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

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

2. FIRE PRECAUTION LEVELS

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

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

Level 1 is the lowest level of fire danger usually occurring early in the season and perhaps again after significant rainfall during the season. All requirements listed above apply. Waivers may be issued by the State Districts or Protective Associations and these MUST be approved by the BLM. Waivers will only be considered if the conditions on the work site are not as severe as predicted. The requirements for fire tools on site, screens installed in saws, and fire extinguishers with saws will not be waived.

Level 2 is the partial hootowl where saws can operate from first light in the morning until 1:00 p.m. in the afternoon.

From 1:00 p.m. until the end of the day saws are to be shut down. Waivers for operating beyond the 1:00 p.m.

shutdown will be evaluated on a site-by-site basis.

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

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

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

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

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

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

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

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

3. FIRE TOOLS REQUIRED DURING CLOSED FIRE SEASON

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

NUMBER OF PERSONNEL_______________________________

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

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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 Section H)

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SECTION I – 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:

52.202-1 DEFINITIONS JUN 2020

52.203-3 GRATUITIES APR 1984

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS…