1240LP22Q0038 RFQ Yampa Muddy Slide Noxious Weed.pdf

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40LP

OGDEN UT 84401-2310

324 25TH ST

USDA-FS CSA INTERMOUNTAIN 4

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RFQ

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02/23/2022 1630 MT

02/09/2022

605-673-9348TINA FRANKENBERY

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1240LP22Q0038

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 35 1057202OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

YAMPA CO 80483

PO BOX 7

YAMPA RANGER DISTRICT

DEPT OF AGRICULTURE FOREST SERVICE

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OGDEN UT 84401-2310

324 25TH ST

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SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Medicine Bow-Routt National Forest, Yampa Ranger District BAER Muddy Slide Noxious Weed spraying contract Period of Performance: 06/20/2022 to 09/08/2023

0001 Base Year Yampa BAER Muddy Slide Noxious Weed Product/Service Code: F018 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- OTHER FOREST/RANGE

IMPROVEMENTS (NON-CONSTRUCTION)

Continued ...

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HEREIN, IS ACCEPTED AS TO ITEMS:

XX

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BARBARA K. DARLING

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SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 06/20/2022 to 09/09/2022

1001 Option Year 1 Yampa BAER Muddy Slide Noxious Weed

(Option Line Item)

Product/Service Code: F018

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- OTHER FOREST/RANGE

IMPROVEMENTS (NON-CONSTRUCTION)

Period of Performance: 06/20/2023 to 09/08/2023

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

35 2 of

SECTION B – CONTINUATION OF SF-1449

Schedule of Items/Price Schedule

Medicine Bow-Routt National Forest Yampa Ranger District

Muddy Slide Noxious Weed Project

Name 2022 Secondary

OY 1

(2023)

2022 Price OY 1 (2023) Price

Estimated Acres

Morrison Creek 100 35* $ $

East Morrison Creek 30 10* $ $

Sum of Acres 100 30 45*

Total $ $

Grand Total $

*=Acres Estimated to be treated in option year may fluctuate depending on funding, cost per acre and acres available to be treated.

OY-Option Year

Schedule Notes: One award will be made from this solicitation. Contractors must submit pricing for all items.

OFFERORS MUST BE REGISTERED WITH THE SYSTEM FOR AWARD MANAGEMENT (SAM) IN

ACCORDANCE TO FAR 52.204-7. (www.sam.gov)

COMPANY NAME: _______________________________________ DUNS: ________________________

Contact Person / Email: _________________________________________________

Description of Requirement

Conduct treatments by spot and/or boom spraying approximately 100 acres of noxious weeds using mobile sprayers across the Yampa Ranger District at Morrison Creek and East Morrison Creek (see maps provided).

Location

See full description of location below at 1.4 Description of Services/Location.

http://www.sam.gov/

PERFORMANCE WORK STATEMENT (PWS)

Muddy Slide Noxious Weed Project

Yampa Ranger District Description/Specifications

1.1 Scope: The services covered in this contract are for furnishing all labor, equipment, supervision and transportation to spray noxious weeds in the specified project (bid) area of the Yampa Ranger District, in the Base Year, in compliance with terms, specifications, conditions and provisions contained herein.

Following the Base Year (2022) treatments, a reduced number of acres may be sprayed for one additional year (Option Year 1) across the primary and secondary treatment areas.

The target weed species in order of treatment priority are: musk thistle (Carduus nutans), hounds-tongue (Cynoglossum officinale), yellow toadflax (Linaria vulgaris), oxeye daisy (Chrysanthemum leucanthemum), bull thistle (Cirsium vulgare), and other species on the Colorado State noxious weed list, Canada thistle (Cirsium arvense) will not be targeted. Musk thistle and hounds-tongue will be the priority species. The Yampa Ranger District will provide the herbicide, surfactant, and marker dye necessary to fulfill the contract.

1.2 Background: The work is in one primary treatment area: Morrison Creek (MC), with a secondary treatment area at East Morrison Creek (EMC). Grazing allotments are present at Morrison Creek and East Morrison Creek. Access to portions of the Morrison Creek treatment area is best gained crossing private land at the Forest Boundary. The Forest Service personnel in Section 1.8 can facilitate private land access.

1.3 Objectives: Reduce noxious weed infestation in and adjacent to the Muddy Slide Fire and Turbidity Timber Sale.

1.4 Description of Services/Location: Primary Treatment Area-Morrison Creek-This treatment includes inventory (mapping) utilizing a GPS and herbicide treatment of noxious weed (primarily musk thistle) infestations on NFS lands within the Morrison Creek drainage. The treatment area is located approximately 10 miles west of Yampa, CO as shown on the attached “Morrison Creek Treatment Area” map and contains a gross area of approximately 3,800 acres. Up to 100 acres of herbicide weed treatment may be expected in this area.

Secondary Treatment Area-East Morrison Creek- This treatment includes inventory (mapping) utilizing a GPS and herbicide treatment of noxious weed (primarily musk thistle) infestations on NFS lands within the Morrison Creek drainage. The treatment area is located approximately 11 miles west of Yampa, CO as shown on the attached “East Morrison Creek Treatment Area” map and contains a gross area of approximately 1,900 acres. Up to 30 acres of herbicide weed treatment may be expected in this area.

Most known weed infestations within these project areas are accessible to standard size 4wd ATV/UTVs.

Due to steep terrain and/or downed trees several infestations will need to be treated by backpack or hose pulling. All weed populations will be mapped and treated. Weeds are generally located in all areas of the project areas, i.e., open meadows, timber stands, roads sides, riparian areas, etc.

For option years, the treatment areas remain the same in addition to the potential of returning to treat similar or reduced acres at Morrison Creek and East Morrison Creek. Treatment areas and their year of treatment are listed in the table below. Locations of treatment areas can be found on Figures 1-3.

Name Description Location Morrison Creek 2022, OY 1 10 miles west of Yampa, CO East Morrison Creek Secondary 2022, OY 1 11 miles west of Yampa, CO

OY-option year

For efficient completion of this project, the service provider may set up a base camp along nearby Forest Roads. For completion of this project, service providers may anticipate approximately 10-15 person days depending on equipment (Approximately 2-3 acres per day with handgun equipment and 5-10 if equipped with a boom nozzle). If the service provider chooses to utilize backpack sprayers instead of ATV/UTV mounted equipment, it will take several operators to complete this project in a timely manner. A 4-gallon backpack will only treat approximately 0.1 acre per load. If the service provider were to choose backpacks, or some other handheld application method, they would need to show an adequate workforce to complete the project in the allotted timeframe in order to be awarded the contract.

Primary work is to occur in and adjacent to the locations identified at the Morrison Creek Treatment Area (Figure 2). Any remaining capital would fund the service provider to treat in the Secondary treatment area at East Morrison Creek Treatment Area (Figure 3). Consultation with District/Forest Noxious Weed Program Manager, Contract Inspector, and/or the Contracting Officer’s Representative (COR) must occur before treating any weeds outside of the primary treatment area (Morrison Creek Treatment Area) to ensure treatments are completed before starting treatments in any secondary treatment areas (East Morrison Treatment Area).

The terrain within the project areas varies but is primarily dead lodgepole pine (beetle killed), post logged areas, aspen and mountain shrub community. Large portions of the Morrison Creek Treatment Area were burned during the Muddy Slide Fire in 2021. Moderate to steep slopes can be anticipated, with water for refilling available in nearby streams and springs. At times water may be difficult to find or use. If water is in short supply, in cooperation with a Forest Service official, a temporary dam may be constructed on workdays, pooling water to assist with refilling.

1.5 Period of Performance: The period of performance shall be from June 20 to September 5 each service year when effective treatment can be accomplished.

1.6 General: Selection of the service provider will be based on bid cost. The selected service provider will conduct the work according to this Performance Work Statement, following a pre-work meeting with District/Forest Noxious Weed Program Manager, Contract Inspector, and/or the Contracting Officer’s Representative (COR), clarifying the terms and conditions of the specifications.

1.7 Physical Security: The service provider shall be responsible for safeguarding all government equipment, information and property provided for service provider use. At the close of each work period, equipment, and materials shall be secured. The service provider shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons.

1.8 Key Personnel: Point of Contact for the Forest Service is: Noxious Weed Program Manager/COR – Douglas Myhre (970-819-6467); douglas.myhre@usda.gov

1.9 Data: The service provider shall provide the Forest Service access to all documents/material produced under this Performance Work Statement. The service provider shall maintain daily records and logs containing all applicable information as required by the State of Colorado and shall provide a copy of the daily application record for District Weed Program Manager’s review and records at time of invoice.

Blank daily pesticide application record sheets will be supplied by the COR or District Weed Program Manager (see copy attached). Only Forest Service application records will be accepted unless otherwise mailto:douglas.myhre@usda.gov agreed upon with the District Weed Program Manager and the Contractor at the pre-work meeting. In addition, survey and treatment areas must be shown on topographic maps and accompanied by digital GPS points, tracks or polygons corresponding to daily spray records.

Tracks of daily routes as well as daily application point records in .GPX or .SHP files are required. Acres sprayed and recorded are assumed to have also been surveyed. A spray report and GPS file is required for each daily application of chemical mixture per area. In some instances, a Garmin GPS unit may be available for use during application periods. Application record forms shall be completed in full, along with corresponding mapped treatment locations, GPS points, and tracks as specified under Part 2, 2(i) of this Performance Work Statement.

This information, along with a field inspection, will be the basis of payment. Invoices will not be approved before GPS data and application records have been received and approved by Forest Service officials.

Basic Services: The service provider shall provide services for noxious weed treatments on the designated areas of the Yampa Ranger District.

1. Equipment:

All treatments will be conducted using backpack style low-pressure sprayers, ATV mounted low-pressure sprayers, or an equivalent method. A conventional truck mounted high-pressure boom or boomless sprayers with handgun or wand type attachments to allow for treatment of patches beyond the reach of boom spray patterns may be used when working on a road. The use of any application method other than those specifically described above will be subject to approval by key personnel identified in Section 1.8.

If ATV/UTV access is denied or rescinded during the project (as in the case where observed ATV/UTV impacts exceed those anticipated), the Contractor must be prepared to complete project activities using another approved application technique/apparatus.

2. Spraying Specifications:

a) Herbicide shall be applied in accordance with manufacturers and EPA label instructions and specifications (see Exhibit 4). All applications will be in compliance with the Medicine Bow-Routt National Forests and Thunder Basin National Grassland Invasive Plant Management Environmental Impact Statement and Record of Decision (2015). A minimum of 20 gallons of water per acre must be applied with the recommended acre rate of herbicide and surfactant. It is the service provider's responsibility to comply with all requirements of the Pesticide Applicator's Act (Sec.35-10-101 et seq.

C.R.S.). The service provider shall comply with all federal, state, and local rules, regulations, and laws pertaining to the work required. Herbicide choices and application rates for treatment will be determined by the Forest/District Weed Program Manager, prior to start of work.

b) Timing of application will be consistent with factors such as target species, growth stage, product formulation, and weather. Treatments are planned to be conducted from June 20 to September 5 when effective treatment can be accomplished. Herbicide shall not be applied if temperatures exceed 95 degrees and or the sustained wind speed exceeds 10 mph in all areas excluding aquatic areas. Within the aquatic areas, herbicide shall not be applied if temperatures exceed 95 degrees and or the sustained wind speed exceeds 2 mph. Refer to the appropriate herbicide label for additional application conditions.

c) Weeds will be visually located and treated by spot or boom spraying. This includes spraying found weeds and searching/recording in and beyond designated areas for scattered infestations. Spraying must be done in a site-specific manner to minimize impacts on non-target vegetation and address any environmental concerns. The application rate will be at a minimum 20 gallons of spray mix per acre. No applications will be applied directly to water.

d) Cleaning of all spray equipment and disposal of herbicide containers shall be done in accordance with State and Federal law.

e) Herbicides, surfactants and dyes to be used include only EPA approved products and those specified by the Forest Service. All herbicides, surfactants and dyes will be provided by the Forest Service.

These may include, but are not limited to; Telar XP, Milestone, Tordon 22K, Opensight and 2,4-D.

f) Surfactant will be utilized in all applications and added to the mix at the rate of no less than .25% by volume.

g) Marker dye will be added into all mixtures to ensure uniform treatment and also to minimize the number of patches of weeds that could be accidentally missed.

h) All mixing and rinsing during the operational periods will take place in the field within the treatment areas at a distance no less than 100’ from any stream course, trees, or crops.

i) To enable follow-up monitoring and reporting, the service provider shall accurately mark the areas sprayed corresponding to the daily spray records on topographic maps identifying daily GPS tracks and individual point coordinates of spot treatment areas including the species treated and the size (area) of the infestation. If the infestation is greater than a 12m radius a designated polygon of the infestation is necessary. Each line (track log) and spot treatment areas must clearly specify the data and to which daily spray record it corresponds. Acceptable file types will be .GPX or .SHP ONLY. KML files can accompany the other formats for reference but will not be accepted as stand-alone for final approval and release of payment. Photos with embedded EXIF data will also NOT be accepted as stand-alone georeferenced data. Questions about data deliverables can be answered during a pre-bid meeting and more formal instructions may be given during the pre-work meeting. All paper and digital files must be submitted to the Forest/District Noxious Weed Program Manager no later than 10 working days after project completion or September 15th, whichever comes first. All GPS coordinates will be in the form of NAD 83, UTM coordinates. Billing statements are to be submitted separately in Invoice Processing Platform (IPP), located at https://www.ipp.fms.treas.gov/.

j) Only State Qualified Supervisors, Certified Applicators, or Trained Technicians will be allowed to apply herbicides.

3. Other Requirements:

a) Submission of Work Plan to District Noxious Weed Program Manager prior to work beginning. The Work Plan shall describe how the contractor plans to perform the project, including methods, personnel, and equipment with an estimated timeline to accomplish the work identified under this contract. The work plan shall include a list of all employees/personnel working on this contract identifying each by their Occupational Code/ Job Title for work as it applies to this contract under the applicable Service Contract Act wage rate. Any Subcontractors must provide the same information for all employees. This list must be updated as employees change.

b) Contractor Representative: The contractor shall designate, in writing, a contract representative during the performance period of work. The written designation shall state the named representative’s authority and any contractual limitations to act on behalf of the contractor for all contractual matters relating to daily operation during the contractor’s absence. The contractor’s representative or alternate must be able to read, write, speak, and understand English.

c) Weed-free Equipment: The service provider shall ensure all equipment including vehicles, ATV/UTVs, trailers and similar equipment will be checked (by the Government) for weed seeds prior to entering the Forest.

d) Licensing: It will be the responsibility of the service provider to obtain the proper certification and or licensing by the State of Colorado. It is the service provider's responsibility to comply with all requirements of the Pesticide Applicator's Act (Sec.35-10-101 et seq. C.R.S.). Only service providers certified by the state of Colorado will be considered. The contractor shall provide a list of all employees working on this contract with a copy of their applicator’s license at the time of bidding on the work.

e) Liability/Safety: Proof of liability insurance must be provided to the Forest Service at the time of bidding on the work stated. The Forest Service is not responsible for the safety of the Service provider or any of their employees, nor liable for damage to adjacent crops, water aquifers or human and animal contamination. The Forest Service is not responsible for damage to equipment provided by the service provider, or for damage caused to property or individuals as a result of negligence of the service provider.

f) Payment: Payment will be on a per acre treated basis, (up to 100 acres) per a voucher to be submitted by the contractor, along with daily application records and receipt of accepted tracking data, as specified under item 2(h) above. Following a field inspection by the COR, and review of records kept as specified above, payments will be made according to the acres surveyed. Acres sprayed and recorded are assumed to have also been surveyed.

g) EMERGENCY CONTROL - FIRE PLAN It is the responsibility of the Contractor and employees to keep informed of fire danger ratings on Medicine Bow-Routt National Forest and the County. The Forest Service and County may require emergency measures, including the necessary shutting down of equipment or portions of operations in the project area during periods of fire emergency created by hazardous climatic conditions or when required to implementation of fire restrictions.

Fire Orders/moratoriums – Any fire order issued during the contract will become a requirement of the contract.

1. Fire Control During period of extreme fire danger, the Contracting Officer may issue a restricting or closure order to the contractor in writing. This may occur during periods when fire danger is rated high, very high, or extreme as identified by Grand Junction Interagency Fire Center.

2. Compliance with Forest Service Laws Listing of specific fire precautionary measures herein is not intended to relieve the Contractor in any way from compliance with the State Fire Laws covering fire prevention and suppression equipment, applicable to operations under this contract, permit or license.

(a) Tools and equipment.

The Contractor shall furnish and maintain in a serviceable condition one standard size shovel for each employee working in the project area. The shovels may be stored in the employee’s private vehicle or the contractor's vehicles but must be readily available to each employee while in the project area.

(b) Fire Prevention.

In the event a fire sighted on or in the vicinity of the work site, the contractor and/or his employees will immediately take the action necessary to contain and/or suppress the fire.

This will in no way relieve the contractor from any responsibility regarding suppression and/or trespass cost, in the event a fire investigation reveals the fire was started by the contractor and/or his employees, either through negligence or from his/her operations.

Gas and Oil Use and Storage - Gasoline will be stored and transported only in metal containers with tight caps or seals. Storage areas will be posted with "No Smoking" signs. Oil filters, oil cans, oily rags, etc., will be removed from the project area and discarded in proper waste disposal receptacles or sites.

Open Fires - In accordance with State and local regulations.

Pursuant to 16 USC 551 and 36 CFR 261.50 (a) and (b) the following is prohibited on each National Forest or National Grasslands in the Rocky Mountain Region: Operating or using any internal or external combustion engine on any timber, brush or grass covered land, including trails traversing such land, without a spark arrester, maintained in effective working order, meeting either (i) Department of Agriculture, Forest Service Standard 5100-1a; or (ii) the 80 percent efficiency level determined according to the appropriate Society of Automotive Engineers (SAE) recommended Practices J335 and J350.

Violation of this regulation and the general prohibitions of 16 USC 551 and 18 USC 3559 and 3571 (b)

(6) is punishable as a Class B misdemeanor, by a fine of not more than $5,000.00 for an individual or $10,000.00 for an organization or imprisonment for not more than 6 months, or both.

Smoking - Smoking is prohibited while operating tractors or open-type vehicles, or while walking or working in an area with flammable fuels.

Welding - All flammable materials will be cleared for a minimum distance of 10 feet around any welding operation. Fire extinguishers and fire tools are required as shown in Section B-1(b).

Attachment/Technical Exhibit List:

Exhibit 1 – Performance Requirements Summary Exhibit 2 - Deliverables Schedule Exhibit 3 - Daily Pesticide Application Record Exhibit 4 - Sprayer Calibration Made Easy Exhibit 5 - Tank Mix Based on Calibrated Application Volume Exhibit 6 (Figure 1) – Vicinity Map of Muddy Slide Noxious Weed Project Exhibit 7 (Figure 2) – Morrison Creek Treatment Area Map Exhibit 8 (Figure 3) – Secondary treatment area at East Morrison Creek Treatment Area Map

EXHIBIT 1

Performance Requirements Summary The service provider service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Task Requirement

Specific Reference Acceptable Quality Level

(AQL)

Government Method of Assessment

Incentives and Deduction for

Meeting Standard

5.1.1- Noxious Weed Treatment with water available

Weed treated in compliance with Manufacturer’s Directions:

• Quantity of mixture used

• Rate of application

Contractor is responsible for the effects of herbicide residue on non-target species as well as problems that could arise from drift of herbicide.

Treatment performed at temperatures less than 95 F and sustained wind speeds less than 10 mph.

Drafting water sites cleaning/safety.

GPS areas for identification purposes.

90% compliance manufacture label direction

Less than 20% loss of non-target species.

95% treatment is performed within temperature and wind speed requirements.

No more than one warning to fix any equipment leaks or clean-up drafting or mixing sites.

•100% visual inspection of reporting sheets.

•Random Visual Inspections in field or random plot sampling to verify performance.

•Random compliance checks of contractor inspection procedures.

•100% inspection of equipment

•Random field inspection of drafting and mixing site(s)

+ Meeting or Exceeding AQL:

• Payment made at the full quoted price

• Good Past Performance ratings.

- Failure to meet

AQL:

• Rework at contractor’s expense.

• Re-inspection charges are deducted from payment.

• Total payment reduced by AQL deduction % if cannot meet AQL.

Data Submittal

Complete treatment data table according to required standards as defined in Task 5.2 and on a regular basis, provide Government with GPS data of treated sites

100% of GPS data will correspond to daily spray records and in the acceptable data format.

95% of all treatments recorded include the species treated.

95% of all infestations greater than 12 meters are mapped as polygons.

95% of all spot treatment areas are recorded.

95% of all areas surveyed and tracks of daily travel routes are recorded.

Visual Inspection of data and spray records for accurate attributes and clear correspondence with daily spray records

EXHIBIT 2

DELIVERABLES SCHEDULE

DELIVERABLES Frequency # of Copies Medium/Format Submit To Quality Control Plan

Once- At Prework Meeting

1 Original Paper original or electronic file (PDF or MS Word doc)

Contracting Point of Contact:

Tina.Frankenbery@usda.gov

Applicator Licenses

Required as part of bidding proposal

1 Original Paper original or electronic file (PDF or MS Word doc)

Contracting Point of Contact:

Tina.Frankenbery@usda.gov

Application Reports and corresponding GPS Files

Postmarked no later than one week after the application was made.

1 Original Paper original for application reports.

Digital .gpx, .shp or .gdb files for corresponding GPS points and tracks

Douglas Myhre Yampa Ranger District PO Box 7 Yampa, CO 80483 Douglas.myhre@usda.gov

(970) 819-6467 mailto:Tina.Frankenbery@usda.gov mailto:Douglas.myhre@usda.gov

EXHIBIT 3 Daily Pesticide Application Record

Ranger District: ______________________ Date: _______________

Location of Application Drainage: _________________________ Specific Location: _____________________

Land Ownership: FS___BLM___State___PVT___Other___________

Application Information

Time: Start _______ End _______ Start _______ End _______ Initial Treatment _____ Re-treatment

Weather Conditions: Clear _____ Cloudy ______ Partly Cloudy _____ Wind Speed: ________mph, from __________ Temperature _________

NPDES: In/Over Water: YES NO Near Water: Yes No (below seasonal floodplain) _________ %

Target Weeds

(List most abundant weed first)

Site of Application:

Rangeland___ Campground___ Trailhead___ Right of Way___ Natural Area ____Other______________

Herbicides Used:

Name: EPA Reg. # ________ Rate: _____ Oz/acre Name: _________________________ EPA Reg. # ___________________ Rate: ___ __Oz/acre

Adjuvants Used:

Name: Rate: ___ Oz/ Gal Name: Rate: ____ Oz/ Gal Name: Rate: ___ Oz/ Gal Name: Rate: ____ Oz/ Gal

Dilutant Used:________ Gallons per Acre:______ Total Gallons Mix applied:______

Application Method: ____________________Calibrated Acres Treated: __________ Affected Acres Treated:________

Empty Containers Triple Rinsed: Yes _____ No _____ Disposal Site:

Acreage Justification/Comments:__________________________________________________________________________

Applicator’s Signature: ____________________________ Certified Applicator’s Signature: ___________________

Common Name/Code Growth Stage (Bud, Flowering, Seeding, Veg)

Size (area) of Infestation

GPS Coordinates (NAD 83 UTM)

EXHIBIT 4

SPRAYER CALIBRATION MADE EASY

(No-Math Version)

Step 1. Establish a calibration plot that is exactly 18.5 feet wide by 18.5 feet long.

Note: This is 1/128 acre and there are 128 ounces in a gallon

Step 2. Spray calibration plot uniformly with water. Note number of seconds required.

Time Required = ____________Seconds

Step 3. Spray into bucket or other container for the same number of seconds.

Step 4. Measure the number of ounces of water collected in the bucket.

Volume Sprayed=____________Ounces

Step 5. Ounces collected equals the number of gallons per acre the sprayer is delivering.

Gallons Per Acre =____________

Note: Each individual's spraying habits will be enough different that everyone’s Gallons Per Acre (GPA) will be slightly different. This makes it imperative that each person using the sprayer must calibrate individually, in order to determine the proper rate of herbicide in the spray mixture.

EXHIBIT 5

Tank Mix Based on Calibrated Application Volume

Procedure: Determine the ratio of total spray volume for 1 acre of land.

(Amount of herbicide: gallons of spray per acre)

Example 1: An herbicide label says to apply 2 quarts of product per acre.

Through the 18.5 square feet calibration method you have determined how many gallons per acre (GPA) you apply with this sprayer.

Note: Each individual will be different for each apparatus.

This is why it is extremely important for everyone to calibrate on every piece of spray equipment they use.

For our example we'll say you apply 40 GPA. This means for every 40 gallons of total spray solution you apply, you need 2 qt. (64 oz.) in that mix. Our sprayer utilizes four 5-gallon canisters. 5 divided by 40 equals .125 acres per can. You need 64 oz. per acre times .125 acres per can equals 8 ounces of herbicide in each 5-gallon can. Thus you put 8 oz. of herbicide in your 5 gallon can and then top it off with surfactant and water.

Example 2: One commonly used mix for Leafy Spurge is 2 qt. Tordon 22K, and 1 lb. 2,4-D Low Vol. per acre.

Surfactant at .25% by volume (32 oz/100 gal or .32 oz/gal) This would come out on a per canister basis at 40 GPA as follows:

64 oz (2 qt) Tordon times .125 equals 8 oz.

21.3 oz. (1 lb) 2,4-D times .125 equals 2.7 oz.

.32 oz. Surfactant times 5 equals 1.6 oz.

Total amount of product for each 5 gallons of spray: 12.3oz.

You should check your calibration periodically as the season progresses to make sure your spraying habits have not changed, thus throwing off your application rate.

Fluid Measure Conversion Table

1/6 fluid ounce = 1 teaspoon (tsp.)

1/2 fluid ounce = 1 tablespoon (tbs.) = 3 teaspoons

1 fluid ounce = 2 tablespoons = 1/8 cup 8 fluid ounces = 1 cup = 1/2 pint

16 fluid ounces = 2 cups = 1 pint 32 fluid ounces = 4 cups = 2 pints = 1 quart 64 fluid ounces = 8 cups = 4 pints = 2 quarts = 1/2 gallon

128 fluid ounces = 16 cups = 8 pints = 4 quarts = 1 gallon

EXHIBIT 6 (Figure 1). Vicinity Map of Muddy Slide Noxious Weed Project.

EXHIBIT 7 (Figure 2) Morrison Creek Treatment Area.

EXHIBIT 8 (Figure 3). Secondary treatment area at East Morrison Creek.

SECTION C - CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(NOV 2021)

Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in

DEVIATION 2017-1 (AUG 2017):

(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 2409 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (JAN 2022) (DEVIATION JUL 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] ☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.

3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☐ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (5) [Reserved].

☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☐ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15

U.S.C.657a).

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Sep 2021) 15 U.S.C. 657a).

☐ (13) [Reserved] ☒ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

☐ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)).

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Sep 2021) of 52.219-9.

☒ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

☐ (ii) Alternate I (MAR 2020) of 52.219-13

☐ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C.637s) [Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022)

(DEVIATION JUL 2020) (E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

☐ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (Jul 2014) of 52.222-35.

☒ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

☐ (ii) Alternate I (Jul 2014) of 52.222-36.

☐ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

☒ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (36) 52.222-54, Employment Eligibility Verification (Nov 2021). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)

☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-16.

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☐ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021)

(DEVIATION JUL 2020) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub.

L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

☐ (iii) (ii) Alternate II (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct

2018) (31 U.S.C. 3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C.3332).

☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov

2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

Contracting Officer check as appropriate.] ☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

Employee Class Monetary Wage-Fringe Benefits

☒ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☒ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42

U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements…