Sol_140L4326Q0021.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. 140L4326Q0021 has been issued as a Request For Quotation for a firm fixed price commercial items services contract for Janitorial Services located at Yaquina District Office at one lump sum price. The scope of work includes a detailed description of the Janitorial Services. The performance period is from 04/01/2026 through 03/31/2027. 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 2025-06 effective August 27, 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 offers:

Technical Approach and Past Performance. 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. This requirement is set-aside for SMALL BUSINESS. The NAICS code is 561720 –

Janitorial Services and the small business size standard is $22,000,000.00. 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 blm_or_so_952_mail@blm.gov, mduane@blm.gov, and babecker@blm.gov, by the response due date and time.

PLEASE EMAIL ALL QUESTIONS/ REQUESTS FOR INFORMATION (RFI) TO THE

EMAILS PROVIDED.

UEI:______________________________________

SAM EXPIRATION DATE:____________________________

VENDOR NAME:________________________

VENDOR POC NAME/ EMAIL/ PHONE:

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

JANITORIAL SERVICE, YAQUINA SOLICITATION NO. 140L4326Q0021

BLM NORTHWEST OREGON DISTRICT Page 4 of 70

SECTION B - SERVICES AND PRICES

This requirement is for one(1) Firm Fixed Price Commercial Services Contract for Janitorial Services for the

Yaquina Center. The contract contains a one-year Base plus 4 four (4) one-year) term and/or quantity options.

BASE

Item no. Item Description Quantity Unit of

Measure

Unit Price Total

00010 BASE JANITORIAL

SERVICES: 04/01/2026-

03/31/2027

12 MO $ $

00020 OPTION YEAR 1:

JANITORIAL SERVICES:

04/01/2027-03/31/2028

12 MO $ $

00030 OPTION YEAR 2:

JANITORIAL SERVICES:

04/01/2028-03/31/2029

12 MO $ $

00040 OPTION YEAR 1:

JANITORIAL SERVICES:

04/01/2029-03/31/2030

12 MO $ $

00050 OPTION YEAR 1:

JANITORIAL SERVICES:

04/01/2030-03/31/2031

12 MO $ $

TOTAL – Base $

TOTAL – Options $

GRAND TOTAL – Base plus Options

PERIOD OF PERFORMANCE: See Deliveries or Performance section.

(End of Supplies/Services and Prices/Costs)

BLM NORTHWEST OREGON DISTRICT Page 5 of 70

SECTION C – STATEMENT OF WORK

C.1.0 GENERAL

C.1.l Description of Work - The Contractor shall provide all personnel, equipment, tools, supervision and materials necessary to perform janitorial service at Yaquina Head Outstanding Natural Area Interpretive

Center (YHONA IC). Interpretive displays and/or exhibits will not require cleaning. The janitorial services will provide for interior and exterior cleaning as specified.

C.l.2 Location – YHONA IC is a smoke-free, public facility operated by the Bureau of Land Management, located at 750 Lighthouse Drive, approximately 3 miles north of Newport, Oregon and approximately one mile west of Highway 101.

C.1.3.0 Work Areas and timeframe

C.1.3.1 YHONA IC Building – The faci1ity has approximately 7,100 sq. ft. of carpet, 723 sq. ft. of ceramic tile, 1,050 sq. ft. of vinyl composition tile, and 2,168 sq. ft. of interior concrete. The ceiling height ranges from approximately 10 feet to 25 feet and higher at open ceiling areas. There is approximately 3,706 square feet of window area (1,459 square feet of contractor cleaned window area). The location of rooms to be cleaned are shown in Section J, YHONA IC Building, Room Number Floor Plan.

C.1.3.2 Work will be performed 7 days per week 365 days per year between the hours of 5:30 PM PST and

Midnight with availability the following day from 6 AM – 10AM PST if required to reperform duties that did not meet Acceptable Quality Levels (AQLs) specified.

C.1.3.3 Cleaning shall include the following rooms, corridors and outside areas; 101, 101-A, 101-B, 103, 104, 105, 106, 107, 108, 109, 110, 113, 114,122,123,124, 125, 126, 127, 128, 130, 140, l41, 142, 143, 144, 145 and

148. (Refer to map Attachment B)

C.1.4.0 Site Security

C.1.4.1 Contractor shall be responsible for all keys issued to their personnel. Building keys shall not be duplicated by the Contractor for any purpose. The contractor shall be charged the full replacement cost of each key lost.

C.1.4.2 On-site contract personnel will be limited to cleaning crew and supervisors only during scheduled working hours.

C.1.4.3 Main gate will be locked after normal site visitor hours. The Contractor shall keep the gate closed and locked at all times.

C.l.4.4 Janitorial personnel will be limited to rooms specifically listed for cleaning or necessary to complete their job.

C.1.4.5 Security alarms shall be deactivated by the cleaning crews when entering building and reactivated when leaving.

C.1.4.6 An employee photo roster will be posted on the bulletin board in room #126. Contractor is responsible for photos of janitorial staff to be kept up to date, and the COR will be notified of any janitorial staffing change.

C.1.5 Safety Equipment

C. 1.5.1 All electrical equipment used by the Contractor shall be UL approved and in serviceable condition. This equipment must operate using existing building circuits. It shall be the responsibility of the Contractor to

BLM NORTHWEST OREGON DISTRICT Page 6 of 70 prevent the operation or attempted operation of electrical equipment or combinations of equipment which require power exceeding the capacity of existing building circuits.

C.1.5.2 Any computer wiring which becomes disconnected or unplugged while cleaning shall not be reconnected by janitorial personnel. Janitorial personnel shall leave written notification in the COR’s assigned mail box of the location of any computer equipment disconnected.

C.2.0 DEFINITIONS - None.

C.3.O CONTRACTOR-FURNISHED ITEMS

C.3.1 Contractor shall furnish all labor, equipment, materials, supervision, transportation and incidentals necessary to perform janitorial services. The contractor shall have current license(s), bonds, and insurance as required by the Oregon State Laws.

C.3.2 Contractor-furnished items may be stored in Room 103 in designated areas. All stored items shall be placed in a safe manner and Contractor is responsible for posting and maintaining Material Safety Data Sheets for all applicable items in designated area. Cleaning supplies will be stored in their original containers or chemically approved bottles that are properly labeled. No unmarked containers will be left in the room.

C.3.3 All cleaning equipment shall have bumpers and/or guards to prevent marking or scratching of fixtures, furnishings or building surfaces.

C.3.4 Contractor’s Employees

C.3.4.1 Employees shall dress and perform appropriately, commensurate with the tasks being performed and the office setting. Employees shall be cordial towards BLM personnel, Contracted Security personnel, and

Visitors. Employees shall not have unauthorized visitors.

C.3.4.2 The Contractor shall prohibit its employees from opening desk drawers or cabinets, or using any telephone or office equipment.

C.3.4.3 The Contractor shall arrange for supervision of the work at all times. The Contractor or Contractor’s designated supervisor shall be available at all times when the contract work is in progress and during designated work hours indicated in C.1.3.2 above to receive notices, reports, or requests from the

Contracting Officer’s Representative (COR).

C.3.5 Contractor Personnel Security and Suitability Requirements

Performance of this contract requires contractor personnel to have a Federal government-issued personal identification card before being allowed unsupervised access to a DOI facility. The Contracting Officer’s

Representative (COR) will be the sponsoring official, and will make the arrangements for personal identify verification and card issuance.

At least four weeks before start of contract performance, the Contractor will identify all contractor and subcontractor personnel who will require physical access for performance of work under this contract. The

Contractor must make their personnel available at the place and time specified by the COR or Security office personnel in order to initiate screening and background investigations.

Before starting work under this contract, a National Agency Check (NAC) will be conducted to verify the identity of the individual applying for clearance. Upon successful completion of the NAC process, unescorted access will be granted.

Simultaneously, a NAC with Inquiries (NACI) will be initiated to determine the individual’s suitability for the position. If the NACI adjudication is favorable, nothing more needs to be done. If the adjudication is unfavorable, the credentials will be revoked. In the event of a disagreement between the Contractor and

BLM NORTHWEST OREGON DISTRICT Page 7 of 70 the Government concerning the suitability of an individual to perform work under this contract, DOI shall have the right of final determination.

This requirement must be incorporated into any subcontracts that require subcontractor personnel to have access to the facility.

Contractor employees are required to give, and to authorize others to give, full, frank, and truthful answers to relevant and material questions needed to reach a suitability determination. Refusal or failure to furnish or authorize provision of information may constitute grounds for denial or revocation of credentials.

Government personnel may contact the contractor personnel being screened or investigated in person, by telephone or in writing, and the Contractor agrees to make them available for such contact.

Alternatively, if an individual has already been credentialed by another agency through OPM, and that credential has not yet expired, further investigation may not be necessary. Provide the COR with documentation that supports the individual’s status.

During performance of the contract, the Contractor will keep the COR apprised of changes in personnel to ensure that performance is not delayed by compliance with credentialing processes. Cards that have been lost, damaged, or stolen must be reported to the COR and Issuing Office within 24 hours. Replacement will be at the contractor’s expense. If reissuance of expired credentials is needed, it will be coordinated through the COR.

At the end of contract performance, or when a contractor employee is no longer working under this contract, the Contractor will ensure that all identification cards are returned to the COR.

C.4.0 GOVERNMENT-FURNISHED PROPERTY

C.4.1 The Government will furnish secure area (Room 103) for the storage of Contractor-furnished materials.

Government-furnished supplies will be stored in Room 103. Contractor shall maintain such storage areas to the same cleanliness standards as similar areas occupied by the Government. The Contractor shall not store

Gasoline or gas powered equipment in storage room.

C.4.1.1 The Government will furnish Rest Room supplies: soap, toilet paper, paper toilet seat covers, female receptacle liners, paper towels, urinal screens, and plastic waste can liners.

C.4.1.2 One government furnish vacuum will be provided in performance of janitorial service.

C.4.2 Water and electrical power for Contractor’s use in performance of janitorial service.

C.4.3 One dumpster-type trash container located outside near the YHONA IC building loading dock (Room 150) at the rear of the building.

C.4.5 Five days prior to the starting day of the contract, the contractor shall submit to the COR a list giving the name of the manufacturer, the brand name, and Material Safety Data Sheets with the intended use of each of the materials the Contractor proposes to use in the performance of the work. Contractor shall not use any material which the COR determines to be unsuitable for said purpose, or harmful to the surfaces to which it is to be applied. Products purchased by janitorial contractors must be environmentally preferable to be used on this contract (sftool.ecomedes.com is a website that can be used to help determine if the product meets this requirement). All cleaning products will be approved by the COR before use. Any material which the COR suspects of not meeting safety standards shall be tested by a recognized testing laboratory at the Contractor’s expense.

C.5.O SPECIFIC TASKS

Perform all tasks specified as necessary to meet the performance standards (E.2.2)

BLM NORTHWEST OREGON DISTRICT Page 8 of 70

C.5.1 Daily Services Interpretive Center

C.5.1.1 Vacuum all carpeted areas. Spots and gum deposits shall be removed as they appear. Remove gum utilizing the freezing method. All tears, burns, unraveling shall be brought to the attention of the Government.

Vacuum service shall include approximately 7,100 sq. ft. of carpet in rooms 109, 110, 122, 123, 125, 130, 140, 141, 142, 143, 144, 145.

C.5.1.2 Vacuum all entrance mats in vestibules 101-A, 101-B and in corridor 145.

C.5.1.3 For rooms 104, 105, 106, 107, 108, 127, and 128:

a. Sweep, mop, and disinfect all ceramic tile, vinyl, and concrete floor areas in rooms. Scrub as necessary.

b. Clean all mirror surfaces and clean and disinfect surfaces of all fixtures (water closets, urinals, lavatories, flushometers, faucets, hardware, etc.), dispensers, receptacles, counter tops, partitions, stalls, doors, and tile/panel walls.

c. Re-stock all restroom supplies: toilet paper, toilet seat covers, paper towels, sanitary napkin bags, replace urinal scented screens as necessary, and hand soap in rooms.

C.5.1.4 Sweep and mop floors (concrete, wood laminate, marble, vinyl) for rooms 101, 101-A, 101-B, 109,114, 126, 130

C.5.1.5 Waste baskets - Empty all trash cans (approximately 20). Trash shall be disposed of in plastic bags secured with bag ties and deposited inside designated trash container. Soiled waste baskets and receptacles shall be cleaned. Install new liners in waste baskets. Return all waste baskets to their initial locations.

C.5.1.6 Clean all water fountains and bottle fill stations (5), disinfect and polish metal surfaces including the orifice and drain. (2 located in room 114 and 3 located corridor 113).

C.5.l .7 Clean all surfaces and handles/openers of all interior and exterior glass doors.

C.5. 2 Weekly Services Interpretive Center

C.5 .2.1 Clean all interior windows in rooms 101, l0lA, 101B, 130, and 145 once per week on Sunday. Window heights range from approximately 10 to 20 feet in height. There is approximately 1,464 sq. ft. of glass to be cleaned. (This requirement does not include the skylights).

C.5 .3 Yearly Services Interpretive Center

C.5 .3.1 Sweep, mop, scrub, strip and apply sealer on ceramic tile floors once per year on the 4th Wednesday in

November in rooms 104, 105, and 106.

C.5.4 Daily Services Sitewide

Perform all tasks specified as necessary to meet the performance standards (E.2.2). See site map

Attachment C for locations of pit toilet restrooms and trash/recycling receptacles.

C.5.4.1 For Pit toilet restrooms located at Lighthouse area and Quarry Cove area.

a. Re-stock all restroom supplies: toilet paper, seat covers, and hand sanitizer.

b. Scrub, clean, and disinfect inside/outside of toilet riser and seat.

c. Change inside pit toilet restroom trash can liners when necessary.

d. Sweep, mop, scrub, and disinfect all interior walls, floors, and touch surfaces inside pit toilet restrooms.

C.5.4.2 Check trash and recycling cans (approximately 10 outdoors throughout the site) daily, change liners when necessary, and dispose of trash in Government supplied dumpsters outside of Interpretive Center loading dock room 150.

(End of Statement of Work)

BLM NORTHWEST OREGON DISTRICT Page 9 of 70

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 NORTHWEST OREGON DISTRICT Page 10 of 70

SECTION F – 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.

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 NORTHWEST OREGON DISTRICT Page 11 of 70

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 NORTHWEST OREGON DISTRICT Page 12 of 70

(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 NORTHWEST OREGON DISTRICT Page 13 of 70

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 NORTHWEST OREGON DISTRICT Page 14 of 70

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

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 NORTHWEST OREGON DISTRICT Page 15 of 70

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 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;

• 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.

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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

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

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

MAR 2023

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.242-2 PRODUCTION PROGRESS REPORTS APR 1991

52.245-1 GOVERNMENT PROPERTY SEP 2021

52.245-1 GOVERNMENT PROPERTY – ALTERNATE I APR 2012

52.245-9 USE AND CHARGES APR 2012

52.253-1 COMPUTER GENERATED FORMS JAN 1991

1452-227-70 APPEALS OF USE OF EXCEPTIONS JUL 1996

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 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…