Sol_140L4324Q0066.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

LHA

PORTLAND OR 97204

1220 SW 3rd Avenue, 12th Floor

BLM OR-ST OFC PROC MGMT BR(OR952)

0004276587 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLHA

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

03/15/2024 1700 ED

03/11/2024

5038086066Destinee Croom (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L4324Q0066

5. SOLICITATION NUMBER

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

1 66 0040649231OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

COLTON OR 97017

27004 S SHECKLY RD

HORNING SEED ORCHARD

BLM, Horning Seed Orchard

15. DELIVER TO

PORTLAND OR 97204

1220 SW 3rd Avenue, 12th Floor

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$11.5

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

BLM OR-ST OFC PROC MGMT BR(OR952)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

2024 HSO GA treatment

Delivery: 05/31/2024 Period of Performance: 04/01/2024 to 05/31/2024

00010 GA Tree Injections 2024 Product/Service Code: F009 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- SEED COLLECTION/PRODUCTION

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Matthew Duane

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

66 2 of

2024 HSO GA Treatment SOLICITATION NO. 140L4324Q0066 BLM NW Oregon District Page 3 of 64

SERVICES AND PRICES

This requirement is for one(1) Firm Fixed Price Commercial Services Contract for the Spring of 2024 to stimulate to induce flower production in second generation (5 to 12-year-old) grafted Douglas-fir and Western Hemlock orchards.

SUPPLIES OR SERVICES AND PRICES/COSTS – HORNING SEED ORCHARD

HORNING SEED ORCHARD

PERFORMANCE PERIOD: April 1st, 2024 to May 31th, 2024

HORNING SEED ORCHARD

GA Injection Application on Douglas-fir 3-8 inch diameter at breast height

1,278 TR $ $

Total Item 0001 $___________________

TR – Tree

Offerors or quoters are urged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

PERIOD OF PERFORMANCE: See Deliveries or Performance section.

(End of Supplies/Services and Prices/Costs)

BLM NW Oregon District Page 4 of 64

STATEMENT OF WORK

STATEMENT OF WORK (SOW)

1.0 GENERAL

1.1 Description of Project – The Bureau of Land Management (BLM) is requesting a firm-fixed-price service contract for the Spring of 2024 to stimulate to induce flower production in second generation (5 to 12-year-old) grafted Douglas-fir and Western Hemlock orchards.

Stimulation treatment techniques will include the following:

a. Injection of ProCone® Gibberellic Acid (GA)4+7: Late-April – May, drill required number of holes around tree stem and inject the required dosage of ProCone® GA4+7. The person injecting ProCone® GA4+7 needs to have a current Oregon commercial pesticide applicator's license with an Agriculture category.

1.2 Location of Project – Treatment(s) will be at the BLM Horning Seed Orchard (HSO) near Colton, Oregon. See Attachments Horning Seed Orchard Vicinity Map.

1.3 Access to Project Area

1.3.1 Access to all application sites is by gravel surfaced road. Driving in orchard units, if approved by the Contracting Officer’s Representative (COR), may require a four-wheel drive vehicle.

1.3.2 Gate keys may be supplied to the Contractor after the contract is awarded. The keys shall be returned to the COR in a usable condition before final payment is made. The Contractor shall be charged $100.00 for each key that is lost or is returned in an unusable condition.

1.4 Unique Features of the Project Areas

1.4.1 At HSO, aspect is varied, with mostly gentle slopes less than 15%. Initial tree spacing at planting was approximately 20 feet x 20 feet or 10 feet x 20 feet. However, with roguing, thinning, and normal death of trees over the years, remaining trees can be some distance from each other.

1.4.2 Stumps may exist in orchard units at vacant tree positions and may be hidden by tall grass. These stumps may pose a hazard to a vehicle.

BLM NW Oregon District Page 5 of 64

1.5 Timing of Treatments

Injection of ProCone® Gibberellic Acid (GA)4+7: Late-April to May; prior to vegetative budbreak i.e., before the trees’ new growth emerges. Budbreak may occur anywhere from late-April to mid-May, but typically early May. The COR shall determine when environmental conditions are conducive for application to occur and inform the Contractor. The Government may have to terminate the contract at the Government’s convenience if vegetative budbreak occurs before all application is completed.

1.6 Boundaries of Project Units – Project unit boundaries are indicated on the project unit maps shown in Attachments, Horning Stimulation Map.

2.0 DEFINITIONS

Acre – 43,560 square feet area.

Bole – The stem or trunk of a tree.

Cambium – A layer of formative cells in trees that cause the girth of the stem to increase by dividing and differentiating to form new xylem and phloem tissue which eventually becomes wood and bark, respectively.

Damaged Orchard Tree – Severance of the main tree stem, complete girdling of the main tree stem, or a major injury to the tree bole affecting more than one-half the circumference of the cambium.

DBase – (Diameter at Base) The diameter of a tree measured at the base of the tree approximately 1-inch (1”) above the ground.

DBH – (Diameter Breast Height) The diameter of a tree measured at breast height which is commonly understood to be 4 ½ feet above the ground, measured on the uphill side of a tree.

Measured with a DBH tape.

First-Generation Orchards – The trees in these orchard units are much older and larger than the trees in our Second-Generation Orchards.

BLM NW Oregon District Page 6 of 64

Graft Union – The place on the stem where the shoot of one plant is joined to the rootstock or trunk of another plant. After time, the graft union might be recognized by a slight swelling along the tree trunk.

Kerf – Width of material removed by a cutting process, i.e., by a chain saw cutting into a tree bole.

Label – All written, printed, or graphic matter on or attached to pesticide containers as required by law.

Rate – The amount of active ingredient or acid equivalent applied per unit area or other treatment unit.

Roguing – The thinning of orchard trees based on gain metrics such as increased volume and/or diameter.

Orchard or Orchard Unit – A group of genetically improved trees selected from a specific area used for producing seed for reforestation material and genetic testing.

Phloem – The inner bark, or phloem, is the pipeline through which food is passed to the rest of the tree

Second-Generation Orchards – The trees in these orchard units are much younger and smaller than the trees in First-Generation orchards.

Traffic Cones – Bright, fluorescent-orange rubber cones commonly seen in highway construction zones used to delineate application boundaries.

Tree – An individual member of a particular clone (family).

Tree Identification Tag – A permanent tag attached to individual orchard trees identifying row/position and clone number, usually on the north side of a tree, or attached to a wire stake in the ground on the north side of tree.

Vegetative budbreak – The opening of a dormant bud, when shoots begin to grow.

BLM NW Oregon District Page 7 of 64

Xylem – Principle strengthening and water-conducting tissue of the stems, roots, and leaves of vascular plants: the wood portion of vascular tissue.

3.0 CONTRACTOR-FURNISHED ITEMS

3.1 The Contractor shall provide all necessary tools, equipment, labor, transportation, and materials necessary to accomplish the required stimulation treatments except for those items specified under 4.0, Government-Furnished items. Items to be considered for the following treatments:

a. Injection of ProCone® Gibberellic Acid (GA)4+7: battery-powered drill, any equipment associated with drill such as batteries, small generator, fuel, etc.; drill bits of required sizes;

milliliter measuring device; injection device (such as a Prima® vaccinator or similar device) with possibly an accompanying bottle container; current Oregon commercial pesticide applicator's license with an Agriculture category; water for daily calibrating and cleaning injection device; tally counter; caliper or DBH tape to measure the tree diameter.

3.2 Crew Requirements

3.2.1 The Contractor shall maintain an adequate work force to ensure timely completion of the work.

3.2.2 The Contractor shall be responsible for the crew(s) knowing and performing the requirements of the contract.

3.2.3 The State safety regulations require that crew members shall not work alone. The Contractor shall provide the crew accessibility to emergency transportation.

3.3 Supervisor Requirements

3.3.1 The Contractor shall provide for each crew an experienced supervisor/crew leader, who speaks English and is English literate enough to ensure adequate communication with the COR.

3.3.2 Each supervisor/crew leader shall know and understand the requirements of the contract.

3.3.3 One supervisor/crew leader shall be present with each crew as they perform treatment(s).

BLM NW Oregon District Page 8 of 64

3.3.4 Each supervisor/crew leader shall effectively direct their crew by (1) making periodic inspections of the crew’s work, (2) advising them of deficient work, and (3) providing instructions for correcting such deficiencies.

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

3.3.6 Any changes in supervisor/crew leader designations must be submitted in writing to the Contracting Officer (CO) at least 24 hours prior to the change taking effect.

3.3.7 If the supervisor/crew leader fails to adequately perform these duties, the Government has the right to request replacement of that supervisor/crew leader.

3.4 Other Requirements

3.4.1 The Contractor shall attend a pre-work conference before beginning work.

3.4.2 The Government shall determine unit treatment order.

3.4.3 Any refuse, debris or garbage generated by the Contractor or crew members shall be gathered and removed from the project site by the Contractor and disposed of legally off site before final payment is made.

3.4.4 The Contractor shall comply with all applicable federal, state, and local laws and regulations.

Fire regulations, if applicable, shall be followed. The Contractor is responsible to obtain a state fire permit waiver, if applicable.

3.4.5 Camping on BLM administered land will only be permitted in approved sites and with the prior authorization of the CO. Requests for camping authorization shall be made in writing by the Contractor. Should such a work camp be authorized by the CO, the Contractor shall: maintain the camp in an orderly and sanitary manner; provide portable sanitation units at all camp sites;

and follow all fire regulation and permits.

3.4.6 Person(s) designated by the Contractor as the actual applicator(s) of ProCone® GA4+7 shall have a current Oregon commercial pesticide applicator's license with an Agriculture category. A copy of

BLM NW Oregon District Page 9 of 64 each applicator's pesticide license shall be provided to the Government at the pre-work conference. Persons who are not licensed pesticide applicators shall not use ProCone® GA4+7.

Applicator(s) shall comply with the EPA registered label (Attachment, ProCone® GA4+7 Label).

3.4.7 The Contactor shall submit to the COR a signed, daily written log or Pesticide Application Record which shall contain: applicator's name and address, State of Oregon Applicator’s license number, date of each application, beginning and ending times of each application, weather conditions (temperature, climatic conditions, wind, and relative humidity), product used, application rate, application type, and number of acres treated. The Contractor will be responsible for reporting this information to the Oregon Department of Agriculture Pesticide if applicable.

4.0 GOVERNMENT-FURNISHED ITEMS

a. Excel orchard unit maps/spreadsheets.

b. Key(s) for access to locked gates as described in 1.3.2

c. Caliper or DBH tape to measure the tree diameter.

d. ProCone® Gibberellic Acid (GA)4+7

4.1 Upon daily completion of work, all unused Government-furnished products shall be returned to the COR or place designated by the COR.

4.2 Upon final completion of the contract, or termination, all Government-furnished items shall be returned to the COR or place designated by the COR. The Contractor shall assume liability for damage or loss of Government-furnished items.

5.0 SPECIFIC TASKS

5.1 As trees are being treated, the Contractor shall keep a tally of trees completed with a tally counter or other means approved by the COR. The tally will be used by the Government for crop estimates and payment.

5.2 Injection Procedures of ProCone® Gibberellic Acid (GA)4+7

5.2.1 The Contractor shall inject ProCone® Gibberellic Acid (GA)4+7, into designated 5 to 12-year-old orchard-grown Douglas-fir trees and western hemlock trees. This Environmental Protection Agency (EPA) registered plant growth hormone regulator is used to induce cone production. The

BLM NW Oregon District Page 10 of 64 individual the Contractor assigns to handle and inject ProCone® GA4+7 shall have a current Oregon commercial pesticide applicator's license with an Agriculture category.

5.2.2 The Contractor shall complete ProCone® GA4+7 injection before vegetative budbreak. Opening of vegetative buds has occurred as early as the end of April or as late as mid-May. The Government shall monitor vegetative bud development and determine when it is no longer possible to apply ProCone® GA4+7 .

5.2.3 The Contractor shall perform treatment procedures for injection of ProCone® GA4+7 during periods with air temperatures above 42°F, and when tree xylem pressure is positive. The COR will determine when environmental conditions are conducive for application to occur and inform the Contractor.

5.2.4 The Government shall supply the ProCone® GA4+7. The Contractor shall transport the product (packaged as liquid in pint bottles) from the orchard office compound to the application sites.

Any ProCone® GA4+7 containers damaged or lost while in the custody of the Contractor shall be replaced by the Government and actual cost to the Government for replacement shall be deducted from payments due the Contractor. A pint of ProCone® GA4+7 from Valent BioSciences Corporation, the only manufacturer of the product, currently costs $320 per pint. All unused pesticide shall be returned to the Government by the Contractor upon completion of work each day. A strict accounting of product used will be conducted by the Government.

5.2.5 The contract shall measure the tree Diameter at Breast Height (DBH) using a caliper or DBH tape and then the Contractor shall apply ProCone® GA4+7 at the rates specified to the DBH measurement in Attachments – ‘Attachment – Horning GA 2023 Dosage’ for Horning.

5.2.6 The Contractor shall perform no loading of product into an application device in the office compound or within 40 feet of a stream or water source. The Government shall not be held responsible for any loss, mishap, or accident due to conditions of any loading location used. The Contractor shall assure that equipment used for application will not leak ProCone® GA4+7 into the water or soil. Any leaks and/or spills shall be the responsibility of the Contractor to clean up and dispose of in accordance with Federal regulations.

5.2.7 The Contractor shall calibrate application equipment at the beginning of each workday to ensure proper application rates of ProCone® GA4+7. Using water for the calibration, the Contractor shall calibrate the application device for three (3) milliliters or “0.66 milliliters”.

5.2.8 The Contractor shall use ProCone® GA4+7 in compliance with the conditions of the EPA registered label. The Contractor shall be responsible for providing his crew with all required personal protective equipment (PPE) according to the label.

5.2.9 The Government shall determine unit application order.

5.2.10 The Government shall mark trees designated for ProCone® GA4+7 application with pink flagging (this only applies in orchards where a subset of the total trees in the orchard require application).

In orchards without pink flagging, all trees over 3.0 inch DBH will be treated with ProCone®

GA4+7 applications.

BLM NW Oregon District Page 11 of 64

5.2.11 Placement of drilled holes prior to injection:

a.The Contractor shall use a clean, sharp 3/8-inch drill bit.

b.The Contractor shall measure the DBH to the nearest 0.5 inch and refer to ‘Attachment – Horning GA 2023 Dosage’ for Horning, to determine the number of holes per tree (e.g. 3.5” DBH requires 3 drill holes).

c.The Contractor shall place the holes one to two inches (1-2”) above the current year’s topmost partial girdle and the graft union, and preferably not directly beneath where a branch is or was.

(To give good flow of the ProCone® GA4+7 up the tree). Place the holes under the first branch whirl whenever possible while adhering to what is mentioned above as directed by the COR.

d.The Contractor shall space the holes evenly around the tree trunk based on the number of holes needed.

e.The Contractor shall drill each hole at a downward 45-degree (45°) angle to hold the ProCone®

GA4+7 so liquid does not run out of holes.

f. The Contractor shall drill each hole to a depth of about one- and one-half inches (1.5”), ensuring that the xylem (wood) is reached.

g.The Contractor shall ensure that the hole is free of sawdust and debris.

h. The Contractor shall simultaneously drill and inject on the same day. A suggestion would be to have one individual drilling holes, closely followed by an applicator injecting ProCone®

GA4+7 into the drilled holes.

5.2.12 Injection of ProCone® GA4+7:

a.The Contractor shall properly store ProCone® GA4+7 , while in possession, so it does not freeze or get above 85º F temperature.

b.The Contractor shall inject the milliliters of ProCone® GA4+7 specified in ‘Attachment – Horning GA 2023 Dosage’ for Horning.

c.The Contractor shall keep a tally of each tree as it is completed.

d.At the end of each day, the Contractor shall empty unused ProCone® GA4+7 back into the ProCone® GA4+7 bottle and thoroughly rinse out application devices by pumping water through the device at least six times. The Contractor shall not perform this procedure in the office compound nor within 40 feet of a stream or water source.

6.0 PAYMENT

6.1 Treatments will be measured by the number of trees treated.

BLM NW Oregon District Page 12 of 64

6.2 Payment is made at the unit prices for the different treatments and First Gen. & Second Gen. trees treated.

6.3 A charge of $1,607.00 per damaged tree will be assessed for any orchard tree found damaged by the Contractor during treatment inspections. See 2.0 for definition of a damaged orchard tree.

(End of Statement of Work)

(End of Statement of Work)

BLM NW Oregon District Page 13 of 64

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 NW Oregon District Page 14 of 64

DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The contract shall commence from date of award to 05/31/2024.

See SOW for treatment window and performance expectations.

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

(End of Deliveries or Performance)

BLM NW Oregon District Page 15 of 64

CONTRACT ADMINISTRATION DATA

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 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.

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

BLM NW Oregon District Page 16 of 64

(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.

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 NW Oregon District Page 17 of 64

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

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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.

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

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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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.

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.

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

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

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

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

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

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

(End of clause)

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FIRE REQUIREMENTS PROCEDURES OUTLINE

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

1. CLOSED FIRE SEASON

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

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

• Fire tools must be on site;

• Fire extinguisher must be in all vehicles;

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

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

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

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

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

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

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

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

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

2. FIRE PRECAUTION LEVELS

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

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

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

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

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

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

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

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

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

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

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• 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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The following provision is incorporated by reference:

Clause Title Date

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL JAN 2017

The following clauses are incorporated by reference:

Clause Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY AND

SERVICES

MAY 2014

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.232-11 EXTRAS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

MAR 2023

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 (DEC 2022)

(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.

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