Sol_140L4326Q0025.pdf

2026 HSO & TSO Aerial Insecticide, Colton and Lorane, OR SOLICITATION NO. 140L4326Q0025 BLM Oregon State Office Page 1 of 65

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. 140L4326Q0025 has been issued as a Request For Quotation for a firm fixed price commercial items services contract for Aerial Insecticide Application for the Horning and Tyrrell Seed Orchards located at Colton and Lorane, Oregon (respectively).

Line Item 0010: Horning Seed Orchard, two applications Line Item 0020: Tyrrell Seed Orchard, two applications

The scope of work includes two aerial spray applications at each seed orchard; initial spray application in late-March to late-April followed by a second spray application two to three weeks later. The performance period is from date of award through May 22, 2026. See SOW Section 1.5 Timing for application timing details.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-06 effective October 1, 2025. The provision at 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. The provision at 52.212-2, Evaluation - Commercial Items, applies to this acquisition. The following factors shall be used to evaluate offers: Past Performance.

Evlauation will be based on a best value continuum. 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 115112 – Aerial crop dusting or spraying, and the small business size standard is $9.5M. 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 teslinger@blm.gov blm_or_so_952_mail@blm.gov by the response due date and time.

BLM Oregon State Office Page 2 of 65

SECTION B - SERVICES AND PRICES

This requirement is for one or more (1 or +) firm-fixed price commercial item service contract(s) for Tyrrell and Horning Seed Orchard’s Insecticide Spray Applications near Lorane and Colton, OR. The requirement is for an initial spray application in late-March to late-April followed by a second spray application two to three weeks later.

If the Contractor requests, project water will be supplied by the Government (Regarding water, for bids on Tyrrell, see section 3.1 in Tyrrell’s Statement of Work).

Multiple awards may be made, based on seed orchard. Quoters may provide pricing one or both of the seed orchards, but must provide prices for each sub-item they are quoting. Example: If quoting on just CLIN 0010, Tyrrell, pricing must be supplied for sub-item 0001 and 0002, but no pricing under CLIN 0020, Horning.

CLIN 0010: Tyrrell Seed Orchard Sub-Item

no. Item Description Quantity* Unit of Measure Unit Price Total

First Esfenvalerate Insecticide Application FROM ABOVE to canopy of conifer trees.

47.2 AC

Second Esfenvalerate Insecticide Application FROM ABOVE to canopy of conifer trees.

47.2 AC

Total for Items 0001 and 0002 (Tyrrell Seed Orchard)

* Estimated Quantity AC = Acre

CLIN 0020: Horning Seed Orchard Sub-Item

no. Item Description Quantity* Unit of Measure Unit Price Total

First Esfenvalerate Insecticide Application FROM ABOVE to canopy of conifer trees.

38.5 AC

Second Esfenvalerate Insecticide Application FROM ABOVE to canopy of conifer trees.

38.5 AC

Total for Items 0001 and 0002 (Horning Seed Orchard)

* Estimated Quantity AC = Acre

PERIOD OF PERFORMANCE: See Deliveries or Performance section.

(End of Supplies/Services and Prices/Costs)

BLM Oregon State Office Page 3 of 65

SECTION C – STATEMENT OF WORK

STATEMENT OF WORK – HORNING and TYRRELL SEED ORCHARDS

1.0 GENERAL

1.1 Description of Project - The Bureau of Land Management (BLM) requires services for a spring 2026 aerial application of esfenvalerate insecticide on 7 to 35 year-old orchard-grown Douglas-fir trees. At this time, drones or UAS are not permitted for application.

1.2 Location of Project – Insecticide application will be at the BLM Horning Seed Orchard, 27004 S Sheckly Road, Colton Oregon 97017 and at the BLM Tyrrell Seed Orchard, 26411 Siuslaw Road, Lorane Oregon, 97451

1.3 Access to Project Areas

1.3.1 There is paved road access to equipment staging areas. See maps.

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

1.4 Unique Features of the Project Areas - Aspect is varied, with mostly gentle slopes less than 7%; Initial tree spacing was approximately 20 feet x 10 feet and 20 feet x 20 feet. However, with roguing, thinning and natural death of trees over the years, remaining trees can be some distance from each other. Tree heights are generally less than 80 feet.

1.5 Timing – Insecticide application must be completed when Douglas-fir flowers are receptive, insects are present, and weather conditions permit. The first application in past years has taken place as early as April 1st and as late as May 2nd. The second insecticide application, for Douglas-fir seed chalcid, must be completed when Douglas-fir flowers are two-three weeks old, insects are present, and weather conditions permit. The Government will determine optimum timing for the project and notify the Contractor 18 hours prior to projected application.

2.0 DEFINITIONS

Acre – 43,560 square feet area.

Adjuvant – An inert material added to a pesticide formulation or tank mix to increase the effectiveness of the active ingredient.

No-Application Zones – Areas outside of application areas over which turns/access are not permitted by the operator. Riparian concerns are the primary reason for designating these areas.

Critical Boundary – An application boundary that requires the use of special spray techniques to minimize drift from the intended areas. Riparian concerns are the primary reason for designating this type of boundary.

Damaged Orchard Tree - Severance of the main tree stem or a major injury to the tree bole affecting more than one-half the circumference of the cambium.

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Drift – The movement of airborne particles by air motion or wind away from the intended target area.

Label – All written, printed or graphic matter on or attached to pesticide containers or as a separate document as required by law.

Rate – The amount of active ingredient or acid equivalent applied per unit area or other treatment unit.

Orchard or Orchard Unit - A group of genetically improved trees selected from a specific area used for producing seed for reforestation material and genetic testing.

Traffic Cones – Bright, fluorescent-orange rubber cones commonly seen in highway construction zones.

Tree - An individual member of a particular clone.

3.0 CONTRACTOR-FURNISHED ITEMS

3.1 The Contractor shall provide all necessary tools, equipment, labor, transportation, and materials necessary to accomplish insecticide application except for those items specified under 4.0, Government-Furnished items. The Contractor assumes liability for damage or loss of Government-Furnished items.

3.2 Other Requirements

3.2.1 The Contractor shall maintain an adequate work force to ensure timely completion of the work.

3.2.2 The Contractor shall attend a pre-work conference and present a written performance plan acceptable to the Government which includes how the work will be accomplished.

3.2.3 Any refuse, debris or garbage generated by the Contractor or crew members shall be cleaned up and removed from the project site by the Contractor and disposed of legally off site before final payment is made.

3.2.4 The Contractor shall have a current Oregon commercial pesticide operator's license. The person designated by the Contractor as applicator must perform in that capacity and have a current Oregon commercial pesticide applicator's license. Contractor’s applying pesticides by aircraft shall have a current aerial applicator’s license. The Contractor shall provide copies of the operators, applicators, and if pertaining, aerial applicators licenses to the Government at the pre-work conference. Persons who are not licensed applicators shall not use restricted-use pesticide. Esfenvalerate is a restricted-use pesticide.

https://www.oregon.gov/oda/programs/Pesticides/Licensing/Pages/LicenseTypes.aspx

3.2.5 The Contractor, applicator, and ground crew shall know the requirements of the contract including technical requirements and orchard unit locations. The Contractor shall comply with all applicable Federal, State and Local regulations.

3.2.6 The Contactor shall submit a signed, daily written log or Pesticide Application Record to the COR upon completion of work, and it shall contain: applicator's name and address, State of Oregon applicator’s license number, date of application, beginning and ending times of application, weather conditions (temperature, climatic conditions, wind and relative https://www.oregon.gov/oda/programs/Pesticides/Licensing/Pages/LicenseTypes.aspx

BLM Oregon State Office Page 5 of 65 humidity), product used and any adjuvants added, application rate, application type, and number of acres treated. The Contractor will be responsible for reporting this application information to the Oregon Department of Agriculture Pesticide Use Reporting System (PURS), if applicable.

4.0 GOVERNMENT-FURNISHED ITEMS

a. Maps of application units

b. Keys for access to locked gates as described in 1.3.2 identified in this section

c. Esfenvalerate insecticide

d. A spreader-sticker adjuvant

e. Water for mixing if needed (only applies to the amount needed to complete the project as specified in the Application Mix ratios workbook).

f. Government hand-held communication radio to the ground crew

5.0 SPECIFIC TASKS

5.5 The Contractor shall apply esfenvalerate insecticide twice at approximately a two- to three-week interval to designated tree canopies in seed production orchards. Some orchards have tree canopies of approximately 10-25 ft. in height, whereas other orchards have tree canopies 30-95 ft. in height.

5.2 The Contractor shall transport the Government supplied esfenvalerate insecticide and spreader-sticker adjuvant from the orchard office compound to the application or mixing sites, where Contractor mixing shall occur. Any pesticide damaged or lost while in the custody of the Contractor will be replaced by the Government and actual cost to the Government for replacement will be deducted from payments due the Contractor. All unused pesticide shall be returned to the Government by the Contractor upon completion of work.

5.3 The Contractor shall not mix/load within 300 feet of a stream or water source. Areas are suggested for pesticide mixing/loading, based on terrain, access to application areas, and adequate stream buffers, though the Government makes no warranty as to the areas condition or suitability to the Contractor.

5.4 The Contractor shall assure that equipment used for mixing and application will not leak pesticide into the water or soil. Any leaks and/or spills are the responsibility of the Contractor and shall be cleaned up and disposed of in accordance with Federal regulations at the Contractor’s expense.

5.5 All application equipment shall be clean and free from residue prior to any mixing of pesticides.

5.6 The Contractor shall apply esfenvalerate at a rate of 0.19 lb. of active ingredient per acre, per label requirements (0.29 gallon of formulation per acre). The Government shall not be held responsible for any loss, mishap, or accident due to conditions of any loading facility used.

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No mixing/loading will take place in the office compound unless authorized by the COR.

The Contractor shall provide a spill kit and fire extinguisher, which will be present at the mixing/loading area.

5.7 The Contractor is responsible for calibration of spray equipment to ensure proper application rates and an even distribution of the insecticide.

5.8 A median droplet size of 200 to 800 microns shall be applied to minimize drift.

5.9 Pesticide application must be in compliance with the label.

5.10 The COR or PI will monitor weather and determine when environmental conditions are conducive for application to occur. Spraying shall be limited to periods when wind speeds are less than six (6) mph, temperatures are less than 70° F, and relative humidity is greater than 50%. In addition, applications shall not occur during periods of wind turbulence, when precipitation or fog is occurring or is imminent, or during inversions or within 72-hours of predicted precipitation that would result in runoff and measurable increases in streamflow.

The Contractor shall not apply pesticides if winds blow toward flowing streams.

5.11 The Government shall place traffic cones near spray unit boundaries to act as a guide for the applicator. The actual spray boundary of a unit is the canopy dripline of trees. Critical boundaries will be marked in the same manner but with traffic cones at closer spacing, approximately 50-feet apart.

5.12 Application shall be parallel to critical boundaries and the no-application zones (see maps).

Operations and transportation with pesticide will not be permitted over streams or water bodies. The Contractor shall not spray pesticide on roads or in ditches.

5.13 The Contractor shall incorporate spray techniques to minimize drift along critical boundaries which complies with BLM Manual 9011.1, Chapter 2, Section 11-a (to be provided to Contractor upon request).

5.14 During operations, the COR or PI will communicate with the Contractor’s crew via government furnished hand-held communication radios.

5.15 Contractor shall keep to the orchard unit spray order as agreed at the pre-work conference. If changes are necessary during the project, the Contractor must notify the COR immediately and vice versa. Because Government workers will be in or near orchard units to prepare for monitoring, any change in orchard unit spray order without adequate notification could result in a health hazard to these workers.

5.16 Batching large batches of spray mixture on the batch truck is permitted, however, the Government assumes no liability if operations must be suspended and the batch truck contains a large batch of spray mixture which cannot be used.

5.17 The Contractor’s applicator may not proceed to the next orchard to spray until notified by the COR or PI that Government workers are cleared from the intended spray unit. There is normally a period of downtime between application on different orchard units, and the COR or PI will notify the applicator via the applicator’s ground crew as to the time to begin

BLM Oregon State Office Page 7 of 65 application on the next unit. In certain instances, proceeding immediately to the next orchard unit in the spray order may be allowed only if the COR or PI has given permission.

5.18 The Contractor shall apply rinsate, meeting label requirements, to areas designated by the COR. The Contractor shall triple-wash all empty pesticide containers and be responsible for container disposal.

5.19 Contractor-furnished application equipment shall be capable of physically marking or electronically mapping application routes to ensure that pesticide is applied evenly and completely and at the specified rates.

5.20 It is the Contractor's responsibility to check all work sites for aerial or ground-based hazards.

6.0 MEASUREMENT AND PAYMENT

6.1 Application of liquid pesticide will be measured by the number of acres treated to the nearest tenth acre.

6.2 Payment will be made at the contract unit price for each acre sprayed. No additional payment will be made if rework is necessary or if operations are suspended waiting for favorable weather on another day.

6.3 Distribution of the pesticide application shall not vary more than 10% above or below the average distribution of pesticide per acre from that specified.

6.4 A charge of $1,607.00 per damaged tree will be assessed for any orchard tree found damage by the Contractor. See 2.0 for definition of a damage orchard tree.

(End of Statement of Work)

BLM Oregon State Office Page 8 of 65

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 date of award to May 22, 2026.

See SOW Section 1.5 Timing.

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

The following local clauses are provided in full text:

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.

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

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

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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 Oregon State Office Page 13 of 65

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.

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(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

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL

SAFETY DATA

FEB 2021

52.232-11 EXTRAS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

MAR 2023

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

1452.228-71 AIRCRAFT AND GENERAL PUBLIC UTILITY INSURANCE –

DEPARTMENT OF THE INTERIOR

MAR 1989

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 for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the https://www.acquisition.gov/far/part-32#FAR_32_607_2 https://www.acquisition.gov/far/part-32#FAR_32_608_2

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Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

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