Sol_140L4324Q0096.pdf

Vault Toilet Pumping, Burns, Oregon SOLICITATION NO. 140L4324Q0096 BLM Burns District Page 1 of 66

Streamlined Solicitation for Commercial Items (FAR 12.603) Combined Synopsis/Solicitation

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

Solicitation no. 140L4324Q0096 has been issued as a Request For Quotation for a firm fixed price commercial items services contract for vault toilet pumping, located within the vicinity of the Burns District BLM area of responsibility at one lump sum price. The scope of work includes the removal and disposal of waste from vault toilets at multiple recreation sites in the Burns District BLM area. The performance period is from 07/12/2024 through 07/11/2029. The performance period includes a one-year Base and 4 one-year options.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-04 effective February 23rd, 2024. The provision at 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. The provision at 52.212-2, Evaluation - Commercial Items, applies to this acquisition. The following factors shall be used to evaluate offers: (i) Relevant Experience and (ii) Price. Options will be evaluated in accordance with provision 52.212-2. Offerors are advised to submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items, with its offer. The clause at 52.212-4, Contract Terms and Conditions

- Commercial Items, applies to this acquisition. The clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes Or Executive Orders - Commercial Items applies to this acquisition as well as the additional provisions and clauses found on the following pages.

This requirement is set-aside for SMALL BUSINESS. The NAICS code is 562991 and the small business size standard is $9M. The basis of award is the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award will be made to the responsible respondent pursuant to FAR subpart 9.1. Responses shall be received via email at teslinger@blm.gov and blm_or_so_952_mail@blm.gov by the response due date and time.

mailto:teslinger@blm.gov

BLM Burns District Page 2 of 66

SERVICES AND PRICES

This requirement is for one(1) Firm Fixed Price Commercial Services Contract for vault toilet pumping at multiple recreation sites in Burns District BLM lands. The contract contains a one-year Base plus an additional four (4) one-year term options.

CLIN 00010: BASE PERIOD

Sub-Item no.

Item Description Quantity Unit of Measure

Unit Price Total

001 Chickahominy Reservoir

1 LS $ $

002 Page Springs Campground

003 Fish Lake

004 Mann Lake Recreation Site

005 South Steens Campground

006 Jackman Park

007 Moon Reservoir

008 Poison Creek Reservoir

009 Radar Hill OHV Site

010 Riddle Ranch Cabin

011 Warm Spring Reservoir

012 Fields Station

2 LS $ $

013 Frog Spring

014 Burns Butte Shooting Range

015 Black Canyon

Total Base Period

(Sub Items 001-015)

LS = Lump Sum

(Schedule of Items Continues on Next Page)

BLM Burns District Page 3 of 66

CLIN 00020: OPTION PERIOD ONE (1)

Sub-Item no.

Item Description Quantity Unit of Measure

001a Chickahominy Reservoir

002a Page Springs Campground

003a Fish Lake

004a Mann Lake Recreation Site

005a South Steens Campground

006a Jackman Park

007a Moon Reservoir

008a Poison Creek Reservoir

009a Radar Hill OHV Site

010a Riddle Ranch Cabin

011a Warm Spring Reservoir

012a Fields Station

013a Frog Spring

014a Burns Butte Shooting Range

015a Black Canyon

Total Option Period One (1)

(Sub Items 001a-015a)

BLM Burns District Page 4 of 66

CLIN 00030: OPTION PERIOD TWO (2)

no.

Item Description Quantity Unit of Measure

001b Chickahominy Reservoir

002b Page Springs Campground

003b Fish Lake

004b Mann Lake Recreation Site

005b South Steens Campground

006b Jackman Park

007b Moon Reservoir

008b Poison Creek Reservoir

009b Radar Hill OHV Site

010b Riddle Ranch Cabin

011b Warm Spring Reservoir

012b Fields Station

013b Frog Spring

014b Burns Butte Shooting Range

015b Black Canyon

Total Option Period Two (2)

(Sub Items 001b-015b)

BLM Burns District Page 5 of 66

CLIN 00040: OPTION PERIOD THREE (3)

no.

Item Description Quantity Unit of Measure

001c Chickahominy Reservoir

002c Page Springs Campground

003c Fish Lake

004c Mann Lake Recreation Site

005c South Steens Campground

006c Jackman Park

007c Moon Reservoir

008c Poison Creek Reservoir

009c Radar Hill OHV Site

010c Riddle Ranch Cabin

011c Warm Spring Reservoir

012c Fields Station

013c Frog Spring

014c Burns Butte Shooting Range

015c Black Canyon

Total Option Period Three (3)

(Sub Items 001c-015c)

BLM Burns District Page 6 of 66

CLIN 00050: OPTION PERIOD FOUR (4)

no.

Item Description Quantity Unit of Measure

001d Chickahominy Reservoir

002d Page Springs Campground

003d Fish Lake

004d Mann Lake Recreation Site

005d South Steens Campground

006d Jackman Park

007d Moon Reservoir

008d Poison Creek Reservoir

009d Radar Hill OHV Site

010d Riddle Ranch Cabin

011d Warm Spring Reservoir

012d Fields Station

013d Frog Spring

014d Burns Butte Shooting Range

015d Black Canyon

Total Option Period Four (4)

(Sub Items 001d-015d)

BLM Burns District Page 7 of 66

CLIN Item Description Quantity Unit of

Measure Unit Price

00010 Base Period 07/12/2024 – 07/11/2025

1 LS $

00020 Option Period One (1) 07/12/2025 – 07/11/2026

1 LS $

00030 Option Period Two (2) 07/12/2026 – 07/11/2027

1 LS $

00040 Option Period Three (3) 07/12/2027 – 07/11/2028

1 LS $

00050 Option Period Four (4) 07/12/2028 – 07/11/2029

1 LS $

Grand Total

(Base + Four Option Periods)

PERIOD OF PERFORMANCE: See Deliveries or Performance section.

(End of Supplies/Services and Prices/Costs)

BLM Burns District Page 8 of 66

STATEMENT OF WORK

1 GENERAL SPECIFICATIONS

1-1 Scope of Contract

Contractor shall furnish toilet pumping services which include all equipment, supervision, transportation, labor, operating supplies, and incidentals necessary to pump, wash down, cleanup, disinfect, and dispose of all waste products removed from the toilets, in accordance with the following contract specifications and in accordance with State and Federal regulations.

Service shall be on an on-call basis. When called to a specific site all toilets in that site shall be pumped.

1-2 Site Description and Location

1) Chickahominy Reservoir

• 3 toilets (3 vaults) - approximately 750 gallons per vault

• 1 host site sewage tank – approximately 1,500 gallons

• 1 fish cleaning station holding tank – approximately 1,500 gallons

• Approximately 29 miles from Burns/Hines

2) Page Springs Campground

• 3 double vault toilets (6 vaults) – approximately 750 gallons per vault

• 1 host site sewage tank (2 compartments) – approximately 1,500 gallons total

• Approximately 62 miles from Burns/Hines

3) Fish Lake

• 5 toilets (5 vaults) - approximately 750 gallons per vault

• Approximately 79 miles from Burns/Hines

4) Mann Lake Recreation Site

• 2 toilets (2 vaults) - approximately 750 gallons per vault

• Approximately 90 miles from Burns/Hines

5) South Steens Campground

• 6 toilets (6 vaults) - approximately 750 gallons per vault

• Approximately 90 miles from Burns/Hines

6) Jackman Park

• 1 toilet (1 vault) - approximately 750 gallons per vault

• Approximately 80 miles from Burns/Hines

BLM Burns District Page 9 of 66

7) Moon Reservoir

• Approximately 30 miles from Burns/Hines

8) Poison Creek Reservoir

• Approximately 47 miles from Burns/Hines

9) Radar Hill OHV Site

• Approximately 3 miles from Burns/Hines

10) Riddle Ranch Cabin

• Approximately 93 miles from Burns/Hines

11) Warm Springs Reservoir

• Approximately 60 miles from Burns/Hines

12) Fields Station

• Approximately 129 miles from Burns/Hines

13) Frog Spring

• Approximately 101 miles from Burns/Hines

14) Burns Butte Shooting Range

• 1 toilets (1 vaults) - approximately 750 gallons per vault

• Approximately 3 miles from Burns/Hines

15) Black Canyon

• 1 toilets (1 vaults) - approximately 750 gallons per vault

• Approximately 76 miles from Burns/Hines

1-3 Scheduling Work

No servicing shall occur on Saturday, Sunday or holidays. Generally, servicing shall be between the hours of 8 a.m. and 5 p.m.

High elevation sites shall be serviced last to avoid potential wet road conditions.

BLM Burns District Page 10 of 66

High elevation sites for this contract include: Jackman Park & Fish Lake.

Sites shall be pumped within fourteen (14) calendar days of initial call, unless approved by the COR.

1-4 Definitions

1. Sewage liquid, semi-liquid, and solid waste matter.

2. Debris all other refuse found in vault toilets.

2 TECHNICAL SPECIFICATIONS

2-1 Equipment

The Contractor shall furnish all toilet pumping equipment, tank truck, tools, approved disinfectant, and other equipment and supplies necessary to perform work in accordance with these specifications.

Water drafting equipment (if necessary to draft water from a lake, pond, or stream) shall consist of pumps, tanks, hoses, etc., and shall be completely separate from toilet waste pumping and hauling equipment.

All disinfecting solutions shall be approved by the Contracting Officer’s Representative.

All equipment shall be in full accordance with any local, State, and county regulations.

2-2 Pumping Procedures

If an outside manhole is available; sewage and debris shall be removed through the manhole.

If no manhole is available; sewage and debris shall be removed through the toilet riser as described in Section 2- 3.

All contents (sewage and debris) shall be removed from vault.

ALL DEBRIS REMOVED FROM THE VAULT SHALL BE PLACED INTO A

LEAK PROOF CONTAINER SO THAT NO CONTAMINATION TO THE

SURROUNDING GROUND WILL RESULT.

BLM Burns District Page 11 of 66

Record the approximate amount of sewage and debris removed from each vault toilet (in gallons), as well as the date serviced. Provide this information to the Contracting Officer upon completion of the contract.

Pre-charge the vault with clean fresh water so that 10 inches of water covers the bottom under the toilet riser. Add 1-quart of liquid bleach to help deodorize the remaining vault contents.

Thoroughly clean and disinfect all contaminated areas resulting from the pumping process.

Any sewage or debris dropped or splashed on the surrounding areas shall be swept or washed back into the vault so as not to pose a health risk or odor problem.

Clean thoroughly around the manhole cover gasket area and replace the cover. The manhole cover MUST fit with an airtight seal so as not to lessen the effectiveness of the venting process.

2-3 Pumping Through the Toilet Riser When There is No Outside Manhole

Remove the debris and pump. Extra care shall be taken to prevent waste spillage onto the interior floor and wall surface while removing debris and while pumping. The toilet paper dispenser and toilet riser shall be protected from damage and the toilet paper shall be covered with a waterproof material prior to removing debris or pumping, in order to prevent the paper from getting contaminated.

During the final cleanup, the interior floor surface and any wall surface that was contaminated by waste shall be thoroughly disinfected. Every effort shall be made to sweep or wash the spilled waste back into the vault. The Contractor shall not allow the spilled waste to be washed or swept out through the front door, as this will pose a health risk and an odor problem.

Thoroughly wash and disinfect both the inside and outside of the toilet riser and the seat and cover. The toilet riser and seat shall be dry before the Contractor leaves the work site.

Remove the waterproof covering that was protecting the toilet paper and ensure the cleanliness of the paper. If the paper becomes contaminated, the Contractor shall notify the Contracting Officer’s Representative. The door handles or knobs shall also be disinfected and dry before the Contractor leaves the job site.

BLM Burns District Page 12 of 66

Each unit shall be available for immediate use after the pumping and final cleanup. The Contractor shall not leave any toilet location until final cleanup is accomplished.

2-4 Drafting of Water

Contractor may draft fresh water (to be used for washing down the vault walls, emulsification of the waste, and for final cleanup) from lakes, ponds, and streams under the following conditions:

a. Drafting shall be accomplished where it least interferes with the public use of the facility and at areas least viewed by the public.

b. NO WASTE SHALL BE INTRODUCED INTO ANY BODY OF WATER.

c. The Contractor shall provide the Contracting Officer’s Representative with draft site locations prior to usage of said draft sites. The Contracting Officer’s Representative shall approve all sites used for drafting water.

2-5 Offsite Disposal of Sewage and Debris

The Contractor shall be properly licensed and shall be responsible for making disposal arrangements, including disposal of all sewage, debris, and trash, and payments of all fees.

Disposal shall conform to all Federal, State, and local laws and ordinances.

The Contractor shall be responsible to prevent spillage and to haul all waste material (sewage and debris) in watertight containers. Handling of all waste material shall be in accordance with all applicable health regulations.

The Contractor shall NOT perform any land application of waste pumped from vault toilets or fish cleaning stations. All waste shall be disposed of at an approved site, and Contractor shall submit one copy of all receipts for waste disposal at the end of the work period. Receipts shall specify number of gallons of waste disposed, and shall correlate with Contractor’s recorded pumped gallons.

2-6 Conduct of Personnel

The Contractor and his/her employees shall make every reasonable effort to prevent interference with the normal use and occupancy of recreational areas while engaged in the performance of the contract.

BLM Burns District Page 13 of 66

Due to the nature of the duties under the contract, the Contractor and his/her employees shall keep themselves and equipment presentable at all times. The Contracting Officer may, in writing, require the Contractor to remove from the work site any employee the Contracting Officer deems incompetent, careless, discourteous to the public, or is otherwise objectionable, or for theft, possession, and/or removal of materials, supplies, equipment, or any Government-owned property.

2-7 Resource Damage

Any damage or defacement that occurs to Government property or land resources during the Contractor's operations shall be repaired at the Contractor's expense to its original condition.

Onsite inspection will be made by the Contracting Officer’s Representative prior to the acceptance of work. Damage or defacement includes, but is not limited to, creating vehicle tracks or ruts in soft ground or breaking tree limbs, while accessing the vaults.

2-8 Differing Sites

The Contractor shall only pump toilet vaults/tanks as indicated in Section 1-2 of this contract.

If the Contractor encounters discrepancies between what is at a site and what is indicated in Section 1-2 of this contract, the Contractor shall discuss with the Contracting Officer regarding these discrepancies prior to pumping any vaults/tanks at said site; otherwise, the pumping of additional vaults/tanks that exceed what is indicated in Section 1-2 shall be at Contractor’s expense.

(End of Statement of Work)

BLM Burns District Page 14 of 66

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 Burns District Page 15 of 66

DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

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

ESTIMATED PERFORMANCE TIME: 90 Calendar Days per period.

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 Deliveries or Performance)

BLM Burns District Page 16 of 66

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 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 Burns District Page 17 of 66

(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 Burns District Page 18 of 66

SPECIAL CONTRACT REQUIREMENTS

1.0 ACCESS

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

2.0 WORK HOURS

Unless otherwise specified in Section C, Specifications, work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or Federal holidays unless authorized by the COR.

3.0 ENVIRONMENTAL INTERRUPTION OF WORK

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

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

4.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

4.1 Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

4.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the Contracting Officer immediately in writing giving the location and nature of the findings.

4.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.

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

5.0 ENVIRONMENTAL IMPACT

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

the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16

BLM Burns District Page 19 of 66

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

6.0 HAZARDOUS MATERIALS

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

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

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

7.0 GREEN PROCUREMENT REQUIREMENTS

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

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

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

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

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

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

• 52.223-1 Biobased Product Certification

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

• 52.223-4 Recovered Material Certification

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

• 52.223-15 Energy Efficiency in Energy Consuming Products

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

8.0 RESTORATION OF RESOURCES

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

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

http://www.epa.gov/cpg/products.htm http://www.bioprefferd.gov/ http://www.energystar.gov/products http://energy.gov/eere/femp/covered-product-categories http://energy.gov/eere/femp/covered-product-categories

BLM Burns District Page 20 of 66

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:

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;

BLM Burns District Page 21 of 66

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

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

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

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

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

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

2. FIRE PRECAUTION LEVELS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. FIRE TOOLS REQUIRED DURING CLOSED FIRE SEASON

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

NUMBER OF PERSONNEL_______________________________

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

KIND OF TOOLS NUMBER OF TOOLS REQUIRED_________________________

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

BLM Burns District Page 22 of 66

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)

BLM Burns District Page 23 of 66

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:

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.232-11 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 (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 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.

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

BLM Burns District Page 24 of 66

(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.

(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.

https://www.acquisition.gov/far/part-52#FAR_52_202_1 https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34

BLM Burns District Page 25 of 66

(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.

(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 Contractor upon finding a debt is due under the contract.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5

BLM Burns District Page 26 of 66

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.