Sol_140L4324Q0081.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)

0004276559 CODE 16. ADMINISTERED BYCODE

X

X

562111

SIZE STANDARD:

% 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

04/12/2024 1700 PD

03/29/2024

50380860761Christy Webster (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L4324Q0081

5. SOLICITATION NUMBER

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

1 63 0040655009OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

HINES OR 97738

28910 HWY 20 WEST

BLM-OR BURNS DISTRICT OFFICE*

15. DELIVER TO

PORTLAND OR 97204

1220 SW 3rd Avenue, 12th Floor

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$47

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.

Horse Corrals Manure Removal - Hines Oregon.

Period of Performance - 6.1.2024 - 5.31.2025.

Delivery: 05/31/2025 Period of Performance: 06/01/2024 to 05/31/2025

00010 Manure Removal - Horse Corrals base year 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.

Product/Service Code: H988

Product/Service Description: OTHER

QC/TEST/INSPECT- LIVE ANIMALS

00020 Manure Removal - Horse Corrals Option year 1

(Option Line Item)

Anticipated Exercise Date 10/01/2024

Product/Service Code: H988

Product/Service Description: OTHER

QC/TEST/INSPECT- LIVE ANIMALS

Period of Performance: 06/01/2025 to 05/31/2026

00030 Manure Removal - Horse Corrals Option year 2

(Option Line Item)

Anticipated Exercise Date 10/01/2025

Product/Service Code: H988

Product/Service Description: OTHER

QC/TEST/INSPECT- LIVE ANIMALS

Period of Performance: 06/01/2026 to 05/31/2027

00040 Manure Removal - Horse Corrals Option year 3

(Option Line Item)

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

63 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 63

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140L4324Q0081

Anticipated Exercise Date 10/01/2026

Product/Service Code: H988

Product/Service Description: OTHER

QC/TEST/INSPECT- LIVE ANIMALS

Period of Performance: 06/01/2027 to 05/31/2028

00050 Manure Removal - Horse Corrals Option year 4

(Option Line Item)

Anticipated Exercise Date 10/01/2027

Product/Service Code: H988

Product/Service Description: OTHER

QC/TEST/INSPECT- LIVE ANIMALS

Period of Performance: 06/01/2028 to 05/31/2029

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

Sponsored by GSA

FAR (48 CFR) 53.110

Horse Corrals Manure Removal, Hines, Oregon SOLICITATION NO. 140L4324Q0081 BLM OR020/Burns District Page 4 of 63

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued.

Bureua of Land Management, Burns, OR has a requirement for horse corrals manure removal at Hines, Oregon.—see Statement of Work for specific details

This Request for Quotation (RFQ) is a NOT SET ASIDE and is conducted under the procedures of FAR Parts 12 and 13, incorporating provisions and clauses in effect through Federal Acquisition Circular 2005-96. The NAICS code is 562111 Solid Waste Collection, and the small business size standard is $47,000,000.00 per year.

Instructions

Include with your quote all pertinent point of contact information including phone number, email, SAM Cage Code, DUNS No., and business size/type. Additionally, if your company holds a GSA contract, please provide the contract number.

Quotes Due: April 12th, 5:00 p.m., PD E-Mailed Quote Submission: cnwebster@blm.gov

Quotes received after this deadline will not be considered for the award created from this solicitation. Quote must arrive in the contracting office; dropping off with security or mailing service does not constitute receipt by the contracting office.

In order to have a quote considered for an award, respondent must be registered at the System for Award Management (SAM) website (https://www.sam.gov) or in the process prior to award of contract.

All questions regarding the subject synopsis/solicitation shall be directed to the attention of Christy Webster no later than April 9, 2024 10:00 a.m., via email: cnwebster@blm.gov.

mailto:cnwebster@blm.gov

BLM OR020/Burns District Page 5 of 63

SECTION B – SERVICES AND PRICES

This requirement is for one(1) Firm Fixed Price Commercial Services Contract for horse corral manure removal in Hines, Oregon. The contract contains a one-year base plus additional four (4) one-year options.

Item no. Item Description Quantity Unit of Measure

Unit Price Total

0010 Load, Haul, and Dispose of Manure - Spring

4500* CY + $

Load, Haul, and Dispose of Manure – Fall

4500 CY $ $

Option Year

Load, Haul, and Dispose of

4500 CY $ $

Manure - Fall

4500 CY $ $

Option Year

Load, Haul, and Dispose of

4500 CY $ $

Manure – Fall

4500 CY $ $

Option Year

Load, Haul, and Dispose of Manure - Spring

4500 CY $

Load, Haul, and Dispose of Manure – Fall

4500 CY $

Option Year

Load, Haul, and Dispose of Manure - Spring

4500 CY $

Load, Haul, and Dispose of Manure - Fall

4500 Cy $

TOTAL - Base $ TOTAL - Options $ GRAND TOTAL – Base plus Options

*Estimated Quantity + Cubic Yard

PERIOD OF PERFORMANCE: See Section F.

(End of Section B)

BLM OR020/Burns District Page 6 of 63

SECTION C – STATEMENT OF WORK

1. GENERAL

a. Description of Work

i. The work consists of furnishing all labor, equipment, transportation, and materials necessary to load, remove, and dispose of manure from multiple corral pens at the wild horse corrals. Manure removal shall occur twice annually (once in the spring, once in the fall) for each year the contract is exercised.

ii. A total of approximately 9,000 cubic yards of manure will need to be removed from the corrals each year.

iii. There are 22 separate holding pens that will need to be cleaned during each removal event (Attachment 1: Map of Corrals). These pens range in size from approximately .25 to 3 acres. Depending on moisture conditions and the size of trucks used to haul manure, the contractor may be required to transport loader buckets of manure to trucks parked in adjacent pens in order to load trucks.

iv. Moisture content of material will vary depending on the environmental conditions during each removal event. The contractor is responsible for identifying appropriate load sizes based upon any weight restrictions. The contractor will only be paid based on the number of cubic yards of material hauled, not the weight of that material.

v. Contractor will limit their work hours from 7:00 a.m. to 3:00 p.m., Monday through

Friday excluding holidays, unless otherwise notified by the COR.

vi. The Contractor shall continue performance of the work under the contract without delay or interruption except by causes beyond his control as defined by contract clauses, or by the receipt of a "Suspend Work Order" issued by the Government. Failure to do so may be cause for action under the "Default" clause.

2. LOCATION

a. Work under this contract is located in Harney County, State of Oregon at the Bureau of Land Management (BLM) Wild Horse Corrals 8 miles west of Hines, Oregon. Address of the corrals is 26755 Hwy 20 W. Hines, OR 97738.

3. SPECIFIC TASKS

a. The Contracting Officer’s Representative (COR) will prepare a work schedule of corrals to be cleaned approximately two weeks prior to work commencing. The actual start work date will be confirmed verbally or in writing by the Contracting Officer’s Representative. The Contractor will be given approximately 21 days to complete each event.

b. Manure will be piled by BLM ahead of removal events. Manure shall be removed down to the existing ground line. Manure shall be loaded and hauled off-site for a beneficial use. If there is no beneficial use for the manure, then it shall be legally disposed of in a landfill or in a manner approved by the Oregon Department of Environmental Quality. Contractor shall comply with all Federal, State, and local laws and regulations. Stockpiling of the manure at the corral facility shall

BLM OR020/Burns District Page 7 of 63 not be permitted.

c. Ground contour shall not be changed by over excavation of soil and manure in corral.

d. Contractor shall use care in cleaning corrals in order not to damage corral structure, which includes water and electrical systems, fences and gates, and the gravel auto-tour road surrounding the corral facility. Any and all damage to the corral structure or any part of the horse corral facility shall be repaired by the Contractor at the Contractor's expense.

e. The Government shall reserve the right to clean and remove manure in any pens at anytime at the facility.

f. Contractor must be aware of visitors to the facility as a road surrounds the facility with daily visitors, proceed with caution to avoid accidents.

g. Contractor shall use caution when opening interior and exterior corral gates to prevent the escape or mixing of pens of wild horses. Contractor shall insure all exterior corral gates are closed and secured at the conclusion of each day.

4. BASIS OF PAYMENT

a. Payment will be made based on cubic yards (CY) of manure removed from the site. Contractor shall maintain truck logs detailing capacity and number of loads for each day of manure removal services. The Contracting Officers Representative or the Project Inspector will periodically inspect trucks to verify documented capacity. Hours and equipment rental to do the work should be included in the unit price quote. No payment will be made for standby time, moves resulting from mechanical breakdown, equipment substitution, mobilization, demobilization or moves resulting from adverse weather or Contractor staffing-related problems.

5. PRE_WORK CONFERENCE

a. Notification: A pre-work conference will be held at the Corral Facility headquarters following the award of the contract. The Contractor will be notified in advance of the meeting date and time.

b. Attendance: The Contractor and the person(s) responsible for performance of the work must be present at the meeting.

c. Presentation: The Contract Officer Representative (COR) will provide the initial corral cleaning schedule at the meeting.

6. DEFINITIONS

a. Contracting Officer's Representative The "Contracting Officer's Representative (COR)" is the on-the-ground administrator for the Contracting Officer.

BLM OR020/Burns District Page 8 of 63

b. Project Inspector "Project Inspector" means the person designated by the COR to perform, as needed, on-the-job Government inspection of work accomplished by the Contractor.

7. RESPONSIBILITIES OF THE CONTRACTING OFFICER'S REPRESENTATIVE AND PROJECT

INSPECTOR

a. The COR's authorities and responsibilities are defined in the COR's Designation Letter. The COR is authorized to clarify technical requirements, and to review and approve work which is clearly within the scope of work. The COR is NOT authorized to issue changes pursuant to the changes clause or to in any other way modify the scope of work.

b. The Project Inspector is responsible for checking out the Contractor's compliance with the technical specifications, and work schedule of the cleaning.

8. INTERRUPTION OF WORK

a. Environmental - The Contracting Officer’s Representative may direct the Contractor to shut down any work that may be subject to damage due to weather conditions or fire danger. An allowance has been included in the contract time for short-term environmental delays up to 1-day at a time.

The count of contract time will therefore continue during work interruptions of 1-day or less, but the count of contract time will stop during work interruptions in excess of 1-day at a time. All periods of interruptions directed by the Government will be documented. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration

9. SUBCONTRACTS

a. If the Contractor desires to subcontract any work under the contract, it shall obtain the Contracting Officer's written consent. The request to subcontract shall contain the following information:

i. Name of subcontractor

ii. Description and amount of supplies or services to be subcontracted. The Contractor shall insert in any subcontracts all applicable clauses contained in the contract.

10. RESTORATION OF RESOURCES

a. Access Roads - Public or private access roads damaged by the Contractor shall be restored, at contractor expense, to the same condition they were in at the commencement of work.

11. FIRE DANGER SEASON

a. If the COR allows the Contractor to continue work during periods of Closed Fire 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.

(End of Section C)

BLM OR020/Burns District Page 9 of 63

SECTION E – INSPECTION AND ACCEPTANCE

The following clause is incorporated by reference:

Clause Title Date

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984

(End of Section E)

BLM OR020/Burns District Page 10 of 63

SECTION F – DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The contract shall commence from June 1, 2024 for a period up to five (5) years if options are exercised.

F.2.0 PROGRESS PLAN

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

The following clause is incorporated by reference:

52.242-15 STOP WORK ORDER AUG 1989

(End of Section F)

BLM OR020/Burns District Page 11 of 63

SECTION G – 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 FAR 42.15.

(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 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.

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

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

BLM OR020/Burns District Page 12 of 63

(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 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.

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

BLM OR020/Burns District Page 13 of 63

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.5.1 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.5.2 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.5.3 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.5.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

H.6.0 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

BLM OR020/Burns District Page 14 of 63

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.7.0 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.8.0 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.9.0 RESTORATION OF RESOURCES

H.9.1 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.

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H.9.2 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.10.0 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.11.0 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.12.0 FIRE DANGER SEASON

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

The following clause is provided in full text:

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

MAINTENANCE

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

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

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

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

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(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.

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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.

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

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

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

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

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

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

3. FIRE TOOLS REQUIRED DURING CLOSED FIRE SEASON

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

NUMBER OF PERSONNEL_______________________________

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

KIND OF TOOLS NUMBER OF TOOLS REQUIRED_________________________

Pulaskis 1 1 1 1 1 1 2 2 2 2 2

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

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

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

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

For chainsaws - 8 oz. capacity by weight.

For vehicles - UL rating of at least 4 BC.

4. ADDITIONAL WATER SUPPLY

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

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

(End of 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 AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER

EXECUTIVE ORDER 14026

JAN 2022

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION MAY 2011

52.223-10 WASTE REDUCTION PROGRAM MAY 2011

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

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

MAR 2023

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION

APR 1984

52.242-13 BANKRUPTCY JUL 1995

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2023)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

BLM OR020/Burns District Page 20 of 63 payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

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

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

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

(i) Payment.-

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

(ii) The Government may issue a demand for payment to the…