Sol_140L4326Q0002.pdf

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. 140L4326Q0002 has been issued as a Request For Quotation for a firm fixed price commercial services contract for Producing Aggregate in Mount Ruben Quarry, BLM

Medford District. The anticipated performance period is 7/15/2026 to 10/31/2026. The location of the quarry is Work is in Township 33S R08W in section 03 and is 24 miles west of Glendale, Oregon. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-06 effective October 1, 2025. 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 quotes: Technical Approach, Past Performance, and Price. The clause at

52.212-5 Contract Terms and Conditions Required to Implement Statutes Or Executive Orders -

Commercial Items applies to this acquisition. This requirement is set-aside for SMALL

BUSINESS. The NAICS code is 212319 and the small business size standard is 500 employees.

The basis of award is the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price considered. Award will be made to the responsible respondent pursuant to FAR subpart 9.1. Responses shall be received via email at blm_or_so_952_mail@blm.gov and babecker@blm.gov, by the response due date and time.

mailto:blm_or_so_952_mail@blm.gov mailto:babecker@blm.gov

PRODUCING AGGREGATE IN MOUNT RUBEN QUARRY SOLICITATION NO. 140L4326Q0002

BLM MEDFORD, OREGON Page 2 of 68

SECTION B - SERVICES AND PRICES

This requirement is for one(1) Firm Fixed Price Commercial Services Contract for Producing Aggregate in Mount

Ruben Quarry in Medford, Oregon.

BASE

PERIOD OF PERFORMANCE: See Deliveries or Performance section.

(End of Supplies/Services and Prices/Costs)

Item Description Estimated Quantity

Units Unit Price Total

(round to nearest cent)

1 Mobilization/Demobilization 1 LS $ $

2 Site Clearing 2 ACRES $ $

1 1/2 Minus Road Aggregate - Stockpiled 9500 CY $ $

TOTAL $

LS Lump Sum

CY Cubic Yards

Estimated quantiy is plus or minus 15%

BLM MEDFORD, OREGON Page 3 of 68

SECTION C – STATEMENT OF WORK

C.1.0 GENERAL

C.1.1 DESCRIPTION OF WORK – Contractor shall crush the approximate 8,000 cubic yard of previously shot rock and produce an estimated 9,500 cubic yards of 1 1/2-inch minus crushed aggregate at the Mt. Reuben Site.

Contractor shall furnish labor, supervision, equipment, transportation, supplies, testing and materials to crush the shot rock and produce the above-indicated quantities of crushed aggregate. Work shall include site clearing and removal of trees and brush off-site, movement of the rock to the crushing site, crushing and stockpiling aggregate with access ways to the stockpiles. Road 33-8-4.0 through the north side of the pit site, if disturbed during production, shall be replaced to an acceptable alignment to pre-work conditions.

C.1.2 PIT SITE LOCATION: Work is in Township 33S R08W in section 03 and is 24 miles west of Glendale, Oregon

Mt. Reuben Pit Latitude 42.7258 N Longitude 123.6378 W

C.1.3 SPECIAL REQUIREMENTS: Contractor shall comply with all requirements identified in the Mt. Reuben

Quarry Use for Road Conditions Categorical Exclusion (CX) BLM-OR WA-M070- 2025-0001-CX and associated

Decision Record. A copy, of both documents can be obtained from the COR, upon request. C.1.3.1 Surface

Disturbing Activities: Contractor shall ensure strict compliance with the following pit development and operational practices: A. Activities such as transferring, crushing, sorting and heavy equipment operations that produce loud noises above ambient levels shall not occur within 200 feet of the nesting, roosting, or foraging habitat for northern spotted owl (NSO) between March 1 to July 15.

B. Disturbed areas shall be contoured to blend with the natural topography. Blending is defined as reducing form, line, and color contrast associated with the surface disturbance. Disturbance in visually sensitive areas shall be contoured to match the original topography, matching is defined as reproducing the original topography and eliminating form, line and color caused by the disturbance as much as possible.

C. Reclamation and site stabilization shall be implemented concurrent with construction and site operations to the fullest extent possible to allow for continued operation.

D. Retain vegetation on cut slopes unless it poses a safety hazard or restricts maintenance.

E. Stockpile(s) shall be located on stable ground where the material will not move into waterbodies or wetland. Use erosion-reduction practices, such as seeding, mulching, silt fences and woody debris placement, to limit erosion and transport of sediment to streams. Provide drainage from stockpiles and mineral sites, dispersed over stable vegetated areas rather than directly into stream channels. Grade all mineral sites, where practicable to conform with the surrounding topography prior to completion. Utilize topsoil, if it exists in work area, as a medium for successful revegetation.

F. Water consumed in the drilling operation and for dust control during the mining and crushing operation shall be obtained, by the Contractor, under permits from local water sources. No modifications will be required for these areas.

G. Soil surface disturbance within riparian areas shall be strictly prohibited.

H. Placing overburden or soil in riparian areas or on floodplains shall be strictly prohibited.

I. During surface-disturbing construction and maintenance activities, the operators shall ensure that all construction equipment and vehicles are cleaned of all vegetation (stems, leaves, seeds and all other vegetative parts) prior to entering public lands in order to minimize the transport and spread of noxious weeds. During surface-disturbing construction and maintenance activities, the operators shall ensure that all construction equipment and vehicles are cleaned of all vegetation (stems, leaves, seeds and all other vegetative parts) prior to leaving public lands in areas that are known to be infested with noxious weeds.

J. Any cultural and/or paleontological resources (historic or prehistoric site or object) discovered shall be immediately reported to the BLM Authorized Officer. Operations shall be suspended until written authorization to proceed is issued by the BLM Authorized Officer. The BLM Authorized Officer would evaluate the discovery to

BLM MEDFORD, OREGON Page 4 of 68 determine appropriate actions to prevent the loss of significant cultural or scientific values. The BLM may redesign the project to protect the cultural resource values present, or evaluation and mitigation procedures would be implemented based on recommendations from the Grants Pass Field Office archaeologist with concurrence by the

Grants Pass Field Manager and State Historic Preservation Office.

C.1.4 PROJECT SITE CONDITIONS:

C.1.4.1 Access to the Work: Access roads exist. It is the responsibility of the Contractor to ensure equipment and materials have adequate access to the material site. Public or private access roads damaged by the Contractor shall be restored, at the Contractor's expense, to the same condition they were in at the commencement of work.

C.1.4.2 Usage of water for dust control can be permitted from BLM water sources. Contractor shall verify the availability of water in water in designated ponds, reservoirs or streams to ensure adequate supply. Contractor is responsible to follow fish screening protocols that are part of the BLM water right.

C.1.4.3 Environmental Considerations: No work outside the pit areas will be allowed. The Contractor shall take great care to protect the existing environment. Petroleum, oil and fuel spills represent the largest likely source of pollution and environmental contamination. In the event that any significant spill occurs (more than a few gallons), stop the source of the spill if possible and extinguish all ignition sources. Notify the CO or the COR immediately.

Carry a supply of absorbent pads or other materials to absorb as much of the spill as quickly as possible. Collect all such absorbent materials as soon as possible after use and store them safely. DO NOT use soaps or detergent to clean up spills which can make fuels and oils soluble in water and much more difficult to contain and remove. The

Contractor shall maintain all materials and supplies necessary to respond to requirements in the emergency spill plan. The Contractor shall use prudent precautions necessary to prevent damage to fence lines, gates and other structures.

C.1.4.4 Winter Weather Considerations: During winter months, including periods of spring runoff and thaw, crushing operations and road access may delay and/or stop work.

C.1.5 PRE-WORK CONFERENCE: A pre-work conference will be held prior to the start of work. The Contractor will be notified at least 7 days in advance of the meeting time, date and place. The purpose of the Pre-Work

Conference will be to review required plans, work, project drawings and specifications, submittals and payments, and administrative provisions of this Contract.

C.1.6 SCHEDULING: The Contractor shall be responsible for operations necessary to complete the work, including coordination with other crafts relative to Contractor's requirements. Work shall be scheduled in such a manner as to avoid delays and finish within the allotted contract period.

C.2.0 PRODUCTS

C.2.1 Crushed Aggregate: The portion of the material retained on a No. 4 sieve shall be known as coarse aggregate, and that portion passing a No. 4 sieve shall be known as filler. Crushed aggregate shall consist of hard, durable particles or fragments of stone or gravel crushed to the required size.

C.2.2 1” Minus Road Surface Aggregate: (ODOT Dense-Graded Aggregate Specification – 2630.10)

Sieve Designation % Passing by Mass (weight)

2 inch …………………………………………………………………………..100%

1-1/2 inch (37.5 mm) ........................................................................................ 95-100%

1-1/4 inch (31.5 mm)

1 inch (25.4 mm) ...................................................................................... ………..

3/4 inch (19.0mm) ................................................................................... .............55-75%.

1/2 inch (12.7mm) ..................................................................................... ……………

3/8 inch (9.5mm)

1/4 inch (6.4 mm) ....................................................................................... ..35 -55 %

No.10 (2.00 mm) .................................................................................................. *

* Of the portion passing the ¼ inch (6.3 mm) sieve, 40% to 60% shall pass the No. 10 (2.00 mm) sieve.

BLM MEDFORD, OREGON Page 5 of 68

C.3.0 EXECUTION

C.3.1 Aggregate Stockpile: All stockpile sites, including topsoil, shall be approved by the COR before stockpiling begins. C.3.1.1 Aggregate materials shall be placed in stockpiles at the pit material sites. The material shall be deposited in completed stockpiles and shall be neat and regular in form and shall be made to occupy the smallest feasible area.

C.3.1.2 The cost of constructing, stabilizing or surfacing, and maintaining the approach roads to any stockpile site shall be a subsidiary obligation of the Contractor included in the unit contract prices for the materials being stockpiled.

C.3.1.3 Prepare stockpile sites by clearing them of vegetation and other unwanted materials (i.e., garbage, plastics, boulders, etc.) Prepare a uniform, level area suitable for the stockpiles and for later loading to trucks of aggregate supplies. The topsoil stockpile location shall be approved, by the COR, in advance of clearing operations.

C.3.1.4 Stockpiled materials shall be placed so that a minimum of segregation occurs. Aggregate and base materials may be placed with a conveyor system, by dozer or by any other appropriate means that precludes separation of particle sizes from the mixed, final product. Place material in horizontal layers, or lifts, that do not exceed 3 feet, unless an arrangement can be found, and approved by the CO, that precludes separation of fines, larger fraction or any other subset of the final, uniformly mixed materials. C.3.1.5 If the CO finds it necessary, stockpiled aggregates produced under this contract may be taken for road maintenance purposes at any time, but not before the

Government accepts volume of cubic yards crushed and stockpiled.”

C.3.1.6 All crushed material shall be subject to approval by the CO before it can be placed on a stockpile. The CO may run materials gradations at any time to perform Quality Assurance that the materials meet specifications.

C.3.2 Clean-Up: Upon satisfactory placement of the required volume of stockpiled aggregate road materials, the

Contractor shall clean up all possible evidence of aggregate and base production activities and leave the site. There shall be no equipment, vehicles, tools, work materials, trash or debris, or evidence of fuel, oil or any other type of petroleum spill. Nearby riparian habitats are to remain unaffected by the rock crushing activities. Borrow or work areas vegetation and topsoil may be disturbed or worn from site production activities, but all other sign of man’s presence (litter, Contractor-owned or rented property, personal property of contractor employees, unused supplies, etc.) should be removed. The pit shall be left with safety berms in place to prevent inadvertent access to vertical pit walls.

C.3.3 Damage: Repair of damage to existing roadways resulting from construction procedures or mobilization or demobilization shall not be initiated prior to notification of the Contracting Officer. Damage shall be repaired or replaced by the Contractor at the Contractor's expense.

C.3.4 Quarry side and back slopes shall be left no steeper than ¼(H):1(V); upon completion of quarrying activities, quarry shall be left in a condition that complies with all federal, state and local safety regulations.

C.4.0 FIELD QUALITY CONTROL

C.4.1 Aggregate Testing: Contractor shall engage a qualified, independent testing laboratory, unless otherwise approved by the CO, to conduct sieve analysis tests, minimum 1 per shift until compliance, and then every 1,000 cubic yards until complete or as approved by the COR. Moisture /Density relationship (Proctor) test shall be conducted once at each source. The certified testing laboratory, conducting the specific tests required, must be approved by the CO prior to rock production.

C.5.0 SUBMITTALS: Contractor shall submit the following to the Bureau of Land Management, Medford District

Office, 3040 Biddle Road, Medford, OR. 97504, for approval prior to mobilization. Allow 5 working days for government review and approval. Submit 3 copies of the following:

C.5.1 Site Plan: Prior to beginning any physical work on site, the Contractor shall submit for approval a Site Plan that lays out all major work activities (crushing, materials storage, site access, drainage, fueling and fuel re-supply) on site. The Contractor should be able to describe an outline of proposed site activities at the Pre-Work Conference.

BLM MEDFORD, OREGON Page 6 of 68

C.5.2 Safety Plan: The Safety Plan shall address common safety hazards and issues applicable to equipment found in quarrying and mine operations. Additionally, the Safety Plan shall appoint an on-site Contractor representative as a

Safety Manager to assure that all aspects of this production contract are carried out safely. The Safety Plan shall also identify the nearest emergency healthcare facilities, including phone numbers, and describe the most efficient means to secure medical assistance. First aid supplies, adequate for likely injuries, are to be kept on site in a prominent location.

C.5.3 Spill and Emergency Response and Clean-Up Plan: Contractor shall prepare a spill and emergency response and cleanup plan to immediately deal with the spill of any fuel, oil or petroleum product on site. The emergency spill response and cleanup plan shall be submitted for approval 14 days prior to mobilization to any site location and kept on site at all times.

C.6.0 See attached drawings for Crushing Pad and stockpile location, Quarry boundary and 200-foot buffer location, and location maps. (End of Section C)

(End of Statement of Work)

BLM MEDFORD, OREGON Page 7 of 68

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 Inspection and Acceptance)

BLM MEDFORD, OREGON Page 8 of 68

SECTION F – DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

7/15/2026 to 10/31/2026

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 MEDFORD, OREGON Page 9 of 68

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 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/

BLM MEDFORD, OREGON Page 10 of 68

(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)

(FEB 2021)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice

Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable

Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions –

Commercial Products and Commercial Services included in commercial products and commercial services contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice

1. Invoice billed according to contract line items and rates.

2. If final payment is billed, the last invoice shall state “FINAL”.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The

Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 – 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email

IPPCustomerSupport@fiscal.treasury.gov 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:IPPCustomerSupport@fiscal.treasury.gov

BLM MEDFORD, OREGON Page 11 of 68

SECTION H – 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

U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the

BLM MEDFORD, OREGON Page 12 of 68

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 Reporting 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

8.0 RESTORATION OF RESOURCES

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

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

8.2 Site and Access Roads – Site and public or private access roads damaged by the Contractor shall be restored to the same condition they were in at the commencement of work, at the expense of the Contractor.

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 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 MEDFORD, OREGON Page 13 of 68 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.

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FIRE REQUIREMENTS PROCEDURES OUTLINE

This outline covers the fire protection requirements of a contractor or private party who performs service or construction contracts on BLM land. In western Oregon, the BLM allows Oregon Forest Law (ORS) and Oregon

Administrative Rules (OAR) to apply to these operations on BLM lands rather than develop similar rules applicable only to BLM lands.

1. CLOSED FIRE SEASON

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

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

• Fire tools must be on site;

• Fire extinguisher must be in all vehicles;

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

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

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

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

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

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

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

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

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

2. FIRE PRECAUTION LEVELS

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

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

Level 1 is the lowest level of fire danger usually occurring early in the season and perhaps again after significant rainfall during the season. All requirements listed above apply. Waivers may be issued by the State Districts or

Protective Associations and these MUST be approved by the BLM. Waivers will only be considered if the conditions on the work site are not as severe as predicted. The requirements for fire tools on site, screens installed in saws, and fire extinguishers with saws will not be waived.

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

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

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

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

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

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

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

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

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

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

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

3. FIRE TOOLS REQUIRED DURING CLOSED FIRE SEASON

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

NUMBER OF PERSONNEL_______________________________

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

KIND OF TOOLS NUMBER OF TOOLS REQUIRED_________________________

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

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

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

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

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

For chainsaws - 8 oz. capacity by weight.

For vehicles - UL rating of at least 4 BC.

4. ADDITIONAL WATER SUPPLY

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

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

State Forester. All water supply and equipment components shall be maintained and ready for immediate use.

(End of Special Contract Requirements)

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SECTION I – CONTRACT CLAUSES

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

52.232-4 PAYMENTS UNDER TRANSPORTATION CONTRACTS AND

TRANSPORTATION-RELATED SERVICES CONTRACTS

APR 1984

52.232-11 EXTRAS APR 1984

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

MAR 2023

52.242-2 PRODUCTION PROGRESS REPORTS APR 1991

52.251-1 GOVERNMENT SUPPLY SOURCES APR 2012

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.

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(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.

(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.

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(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.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if– 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 https://www.acquisition.gov/far/part-33#FAR_33_211

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(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…