Sol_140L4326Q0022.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. 140L4326Q0022 has been issued as a Request For Quotation, for a firm fixed price commercial items services contract for herbicide application services, located at Colton, Lorane, and Merlin, Oregon. The scope of work includes herbicide application. The performance period is from

4.1.2026 through 5.8.2026. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-06 effective October 1st, 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: price. 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 115310 and the small business size standard is $11.5 Million. 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. Multiple awards may be made. Responses shall be received via email at blm_or_so_952_mail@blm.gov by the response due date and time.

Herbicide Application, Colton, Lorane and Sprague,Oregon SOLICITATION NO. 140L4326Q0022 BLM OR930 State Office Page 1 of 65

SECTION B - SERVICES AND PRICES

This requirement is for one(1) Firm Fixed Price Commercial Services Contract for herbicide application services in Colton and Lorane, Oregon.

HORNING SEED ORCHARD

(Contractor provides chemical for all line items except line items 00005 and 00006)

Item

no. Item Description

Estimated Quantity

Unit of Measure

Unit Price Total

0001A HSO Application to orchard roads (ROWs, shoulders, and medians) 1st Application

6.1 AC

0001B HSO Application to orchard roads (ROWs, shoulders, and medians) 2nd Application

6.1 AC

0002A Application to orchard fencelines (2-foot-wide strip x fence height) 1st Application

4.4 AC

0002B Application to orchard fencelines (2-foot-wide strip x fence height) 2nd Application

4.4 AC

0002C Application to orchard fencelines (2-foot-wide strip x fence height) 3rd Application

4.4 AC

0003A Application to 6 x 6-foot square around orchard trees 1st Application 3,507 TR

0003B Application to 6 x 6-foot square around orchard trees 2nd Application 3,507 TR

0004A Application to two 3-foot strips in/around orchard tree rows 1st Application 13.2 AC

0004B Application to two 3-foot strips in/around orchard tree rows 2nd Application 13.2 AC

0005A Application to spot treatment of Scotch broom and

Himalayan blackberry 1 application

10 AC

0006A Application to broadcast treatment of Scotch broom and

Himalayan blackberry 1 application

3 AC

0007A Chemical Total – See table below 69 GA

PERFORMANCE PERIOD: April 1, 2026 to May 8, 2026 Total Items 0001-0007 $__________ (All or None)

Total Estimated Chemical Needed (gallons) Glyphosate (4 lbs a.i per gallon) 42.6 Velpar L VU (2 lbs a.i per gallon) 25.4 Antero-EA 1

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TYRRELL SEED ORCHARD

Item no. Item Description Estimated Quantity

Unit of Measure Unit Price Total

Tyrrell - Herbicide application to perimeter of seedlings 6ft x

6ft (36ft2 perimeter)

434 TR

0009 Tyrrell - Herbicide application of 4ft-wide band 2.5 AC

PERFORMANCE PERIOD: April 1, 2026 to May 8, 2026 Total Items 0008-0009 $____________ (All or None)

SPRAGUE SEED ORCHARD

Item no. Item Description Estimated Quantity

Unit of Measure Unit Price Total

0010 Sprague - Herbicide application of 4ft-wide band 5.8 AC

PERFORMANCE PERIOD: April 1, 2026 to April 30, 2026 Total Items 0010 $_____________ (All or None)

Total for All Locations $________

Abbreviations:

TR – Tree AC – Acre GA - Gallon

Vendors are allowed to be selective on which All-or-None Items to bid on.

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

(End of Supplies/Services and Prices/Costs)

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SECTION C

STATEMENT OF WORK

This is a contract for herbicide application to roads, fences, tree orchards, and fallow fields. The quantities listed are estimated quantities anticipated to be ordered by the Bureau of Land Management throughout the contract.

Offerors shall enter a unit price for each sub-item listed and then multiply the unit price by the estimated quantity to obtain the total amount.

SITE VISIT

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

1.0 GENERAL

1.1 Scope of Work – Apply herbicide in project units in compliance with the terms and specifications contained herein.

1.2 The Contractor shall provide all personnel, equipment, tools, materials, supervision, and other items

(pesticide spill kit, eye wash kit) and incidental services necessary, except for those designated as Government-Furnished Property, to perform pesticide application as described in this Statement of Work (SOW). Herbicide and mixing water will be furnished by the government at HSO (Horning Seed Orchard) and Sprague. At Tyrrell Seed Orchard (TSO), herbicide and, if requested, mixing water will be furnished by the government. (For more details, see section 3.0 “Contractor-Furnished Items”.)

1.3 Location of Work – Treatments will be at three locations: the BLM Horning Seed Orchard (27004 S.

Sheckly Rd Colton, Oregon), BLM Tyrrell Seed Orchard (26411 Siuslaw River Road, Lorane, Oregon) and Sprague Seed Orchard (1980 Russell Road, Merlin, Oregon). The orchard staff at each orchard will designate a mixing area upon arrival.

1.4 Access to Project Area – Access to project areas is by gravel surfaced roads using a two-wheel drive vehicle. Driving in orchard units, if approved by the Contract Officer Representative (COR) or Project Inspector (PI), may require a four-wheel drive vehicle, UTV, or ATV. At TSO, driving in wet swales is prohibited.

1.4.1 Gate keys may be supplied to the Contractor after the contract is awarded. The keys shall be returned to the Contracting Officer’s Representative (COR) in a usable condition before task order final payment is made. The Contractor shall be charged $100.00 for each key lost or returned in an unusable condition.

1.5 Features of the Project Units – Orchard aspects are varied, with mostly gentle slopes less than 15%.

However, TSO has some slopes up to 25%.

2.0 DEFINITIONS

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

2.2 Herbicide Areas

• Orchard Trees: Herbicide will be applied on a 36ft² square with the seedling being the center point. If the 3’x3’ weed matting is still intact (no vegetation protruding through) the spray area would be expanded to not include the weed

BLM OR930 State Office Page 4 of 65 mat area. Herbicide will be applied in 3ft wide continuous strip applications in orchards on 7ft x 14ft spacing, 8ft x 20ft spacing, 10ft x 10ft, 11ft x 11ft, and 10ft x 20ft. The 3ft wide strips would take place on both sides of the tree rows for a total of 6 feet.

• Roadways: Herbicide will be applied to any vegetation within the right of way road prism, the road shoulders (2.5ft each side), and the road median (2ft).

• Fences: Herbicide will be applied in a 2-foot-wide area along the fence. Any vegetation within the 2-foot width and the top of the fence will also be sprayed.

• Spot Treatments: Herbicide will be applied to all weeds within a specified area.

• Broadcast Treatments: Herbicide will be applied to all vegetation within a specified area.

2.3 Paper Mulch Mat (Mulch Mat, Mat, or Matting) – A sheet of Kraft paper or black mesh weed matting

(3’x 3’ in size).

2.4 Performance Work Statement (PWS) – Specific requirements the Contractor must meet in performance of the contract. The PWS contains required services (tasks/critical subtasks), performance standards, acceptable quality levels, and incentives/disincentives.

2.5 Quality Control – Those actions taken by a Contractor to control the performance of services to ensure services meet the requirements of the SOW.

2.6 Unplanted/Empty Spots – Locations where no live tree is present.

3.0 CONTRACTOR-FURNISHED ITEMS

3.1 Property and Services

For Tyrrell and Sprague Seed Orchards

The Contractor shall furnish all labor, equipment and materials necessary to perform pesticide application but not limited to measuring equipment, tanks, sprayers, emergency spill kits, personal protective equipment and other incidentals (unless noted in 4.0 Government-Furnished Property). At Tyrrell Seed Orchard, if the Contractor requests, the Government will supply water for the contractor to pump into their equipment for this project with the following conditions:

A. If the rate of application requires less than 1,000 gallons of water, the Government can provide a water supply in a mounted tank with a pump. (See Attachments regarding Tyrrell Orchard Unit Information.)

B. If the rate of application requires greater than or equal to 1,000 gallons of water, the Government can provide a water supply in open-topped holding tanks and the Contractor is required to provide the pump. (See Attachments regarding Tyrrell Orchard Unit Information.)

For Horning Seed Orchard

The Contractor shall furnish all chemicals (Rodeo – Glyphosate, 4 lbs a.i per gallon, Velpar L – Hexazinone, 2 lbs a.i. per gallon, and adjuvants), labor, equipment and materials necessary to perform pesticide application but not limited to measuring equipment, tanks, sprayers, emergency spill kits, personal protective equipment and other incidentals (unless noted in 4.0 Government-Furnished Propery).

3.2 Crew Requirements

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3.2.1 The Contractor shall be responsible for the crew knowing and performing the requirements of the contract.

3.2.2 The supervisor(s) may be required by the COR or PI to be non-working if the quality of work is not satisfactory.

3.2.3 State safety regulations require that crew members shall not work alone and accessibility to emergency transportation shall be provided by the Contractor at all times.

3.2.4 Supervisor requirements – An ODA licensed (current valid license) commercial pesticide applicator, English-literate supervisor. Should the supervisor fail to adequately perform these duties, the Government has the right to request replacement of that crew supervisor.

3.3 Other Requirements

3.3.1 The Contractor shall attend a pre-work conference before starting work.

3.3.2 The Contractor shall comply with all applicable federal, state and local laws and regulations. The contractor and crew will follow all regulations set for by the Oregon Department of Agriculture related to their commercial applicator license. The contractor will follow the pesticide label and any additional restrictions set forth by the BLM’s ‘Record of Decision’ Environmental Impact Statement. The COR will inform the Contractor of these restrictions at the pre-work meeting.

3.3.3 The Contractor will assure that equipment used for mixing and application will not allow leaking of pesticide into the water or soil. The Contractor is responsible for calibration of spray equipment to ensure proper application.

3.3.4 All boxes, bags, any other refuse, debris, or garbage left by the Contractor shall be cleaned up as each unit is completed. All such debris, garbage, or refuse shall be properly disposed by the Contractor before final payment is made.

4.0 GOVERNMENT-FURNISHED PROPERTY

4.1 The following materials will be issued to the Contractor near the project units or at the seed orchard office as needed:

a. Herbicide (Tyrrell and Sprague only)

b. Access to water for mixing at HSO and Sprague, and, if requested by contractor, at TSO.

4.2 Upon daily completion or termination of work, all unused Government-furnished materials shall be returned to the point where they were delivered.

5.0 SPECIFIC TASKS

5.4 Inclement Weather Conditions

5.4.1 If inclement weather conditions occur, which could cause drift or non-target pesticide application the

COR will inform the contractor to suspend work.

5.4.2 The following environmental conditions shall exist in the unit before the Contractor will be allowed to apply herbicide:

Humidity: 50% or above Wind: Less than 6 MPH Precipitation: 0% with no projected rainfall within 4 hrs. of proposed application

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Temperature: Less than 70° F

5.5 Proper Herbicide Application

5.5.1 Application timing will occur based on pre-bud emergence. The start date at each seed orchard is weather dependent. The COR will instruct the applicator on an orchard spraying sequence. Typically, DF seedlings will need to be completed before noble fir seedlings. No orchards should be sprayed after vegetative bud-break for the first application. Application is only to occur surrounding live trees, unless otherwise directed by COR. Unplanted/empty spots in orchards will not typically be locations for application unless invasive weeds are present. The COR will inspect seedlings in each orchard and inform the contractor when work can begin. Overall, the first application would be a spring application, the second application would be an early summer application, and the third application would be a fall application.

5.5.2 Application methods are limited to backpack sprayers, tractor-pulled spray rig with boom, or a hydraulic handheld wand. ATV/UTV or truck mounted sprayers are permitted. The Contractor shall not damage trees. Note that there are narrow rows with growing trees such that the contractor should consider the size of their equipment used, so as not to damage trees. No aerial application is permitted.

5.5.3 The contractor will avoid spraying any portion of the conifer seedling. Conifer seedlings are spaced at

10ft x 10ft, 11ft x 11ft, 10ft x 20ft, 8ft x 20ft or 7ftx x14ft within the orchards.

5.5.4 The typical herbicide area per tree unit for visual representation.

Diagram A. Herbicide Unit area for a 6ft x 6ft spray application to perimeter of trees (Total Size = 36 ft2).

Diagram B. Herbicide unit area for 4ft wide continuous strip applications.

x tree

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9ft2 mat

Herbicide Perimeter Area which may include application over the 9ft2 mat

5.5.5 The contractor will be responsible for tank cleanout/triple rinsing after the application is completed. The contractor will be responsible for the proper disposal of empty herbicide containers.

6.0 INSPECTION

6.1 Inspections will be made during spray application and two-three (2-3) weeks following application to verify that application areas were covered and effective. If contract application areas were missed/not effective, the contractor shall return to complete the work, or if the government chooses to, they will deduct payment based on units not covered.

7.0 PAYMENT

7.1 Payment will be made two-three (2-3) weeks following applications for all completed Items.

(End of Statement of Work)

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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)

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SECTION F – DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The contract shall commence from 4.1.2026 through 5.8.2026.

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:

Clause Title Date

52.242-15 STOP WORK ORDER AUG 1989

(End of Deliveries or Performance)

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1.0 In accordance with FAR clause 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, the Contractor is required to annually report the product types and dollar value of any USDA-designated biobased products purchased during the previous fiscal year (October 1- September 30) through the System for Award Management (SAM). The report is due no later than October 31 of each year during contract performance and at the end of contract performance. Failure to submit the report into SAM in a timely manner may result in contractual remedies.

G.2.0 In accordance with FAR clause 52.223-11, Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons, the Contractor is required to track and report on an annual basis the amount in pounds of hydrofluorocarbons (HFCs) or refrigerant blends containing HFCs contained in the equipment and appliances delivered under this contract. You must submit the information to the System for Award Management (SAM).

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

BLM OR930 State Office Page 11 of 65 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.

(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 partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.

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

4. Contractor’s Release of Claims shall be submitted with the final invoice.

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.

https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

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(End of Local Clause)

(End of Contract Administration Data)

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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

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

6.0 HAZARDOUS MATERIALS

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

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

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

7.0 GREEN PROCUREMENT REQUIREMENTS

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

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

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

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

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

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

• 52.223-1 Biobased Product Certification

• 52.223-2 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

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The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

10.0 OREGON FARM/FOREST LABOR CONTRACTOR'S LICENSE

If the State of Oregon requires an Oregon Farm/Forest Labor Contractor's License, then the contractor awarded this contract and all first-tier subcontractors shall be required to obtain and maintain, during the term of this contract, such a license. Contractors not having a current license will be required to furnish evidence of having obtained such license within ten (10) days after receipt of written notification of contract award. Failure to obtain, keep and maintain a current license during the term of this contract or the extension thereof shall be a basis for termination for default.

Information on obtaining this license may be obtained from:

Bureau of Labor and Industries Contact: Licensing Unit Wage and Hour Division Telephone: (503) 373-1463 3865 Wolverine St. NE; E-1 Fax: (503) 373-7636 Salem, OR 97305-1268

11.0 FIRE DANGER SEASON

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

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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:

Clause Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS - REPRESENTATION

NOV 2015

52.223-10 WASTE REDUCTION PROGRAM MAY 2024

52.232-11 EXTRAS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

MAR 2023

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

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.

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

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(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…