B11_Questions_and_Answers_0001.docx

Questions and Answers after Pre-bid meeting The BLM Notice to the Vendors came across as harsh, which it was supposed to do. We found too many issues on the Pre-Qualified seed during the Spring Buy. The issues that were found cannot continue to happen; they jeopardize the entire BLM public land rehabilitation programs. However, the problems were not found across the board with all Seed Vendors. The Notice to Vendors was designed to, in writing, state the BLM’s expectations going forward. That notice has to be given to all vendors. I do want to state that we had more lines accepted without any issues, than lines that required modifications. There were many vendors that on the BLM spot-check, we found no issues and the results were repeatable. Those vendors with no issues bid based upon a test result that was an average representation of the seed that could be verified on a spot check.

1.) How do vendors accurately offer and represent their seed when, after an approved lab produces one set of results and second lab produces conflicting results?

2) How do we label a bag of seed in the truest and most honest way? In other words, what analysis data most truly represents what is in the bag? Assuming a vendor is acting honestly in all other representations, he/she can do no more than label a bag of seed based on an analysis provided by a third party. What are we to do when third parties do not agree?

Answer: As Seed Vendors you need to test the seed at multiple labs, that are on the Approved Lab list, and determine a cluster of results that are similar in purity, weeds, and TZ. I know that we have stated that we don’t want a shopped around test result (best test result), but you do need to do your due diligence to ensure the seed is good and meets your offered quality and the BLM specifications. If there are any tests that show a Prohibited or Restricted noxious weed, then your seed needs to be reconditioned or not offered on the Consolidated Seed Buy. If Downy Brome is found on any test, then it cannot be offered as Downy Brome free. Whether you are bidding Pre-Qualified or not, your offered or the Pre-Qualified test should be a true representation of the seed and should be a repeatable result. In other words, do not offer the best test, offer a rate that is an average or mean result. We will always have to deal with erroneous test (whether they are erroneous good or bad), that is part of the seed business challenges, but the frequency of erroneous good test being submitted to the BLM needs to be reduced. Bottom line, test your seed enough to know, that most likely, there will be no surprises. If a test result is received that is skewed, the BLM will do its best to allow time to validate the results.

3) Baseline test/original certification test: How can you be 100% confident that the FIRST test most truly represents the seed? Second, one complication can be if a vendor offered a lot on a previous bid, has since re-conditioned the lot to raise the standards but did NOT change the lot number. Or, I've known vendors to use the same number for the same species in perpetuity...they simply update the tests with each new harvest season.

Answer: The BLM’s expectation is that your baseline test/original certification test has been proved to be an accurate depiction of the seed and not the best test you can acquire. I believe the Crop Improvement Associations would state the same thing for the tests being supplied for tags, the test needs to accurately depict the seed.

Second part, if a lot has been re-conditioned the lot numbers should be revised to add an alpha or numeric number at the end and the test submitted should be results after it was re-conditioned with the same lot #. The test results that you bid or submit as Pre-Qual should match the seed you are delivering to the BLM. If it has been recleaned, then the test should be conducted after the recleaning to depict the new results.

Third part, we have added the harvest year column to the bidsheet and are requiring the Pre-Qualified test to be from the same harvest year, that should eliminate any issues with on-going crops with the same lot number.

4.) Consequences if issues are found in the future?

Answer: My goal is to be fair and reasonable in all situations. The BLM will be handling each situation as fair and reasonable as possible and similar to the past. If you bid PQ-ABF, our expectation is that the seed is Downy Brome free. If Downy Brome is found on a spot check, the line will require a price reduction for the Downy Brome same as how we have conducted business in the past. If 1 seed is found, we realize that it could be just the luck of the probe. I am not saying we are okay with 1 seed, but we will not be harsh on the consequences. If a substantial amount is found, then it will be reflected on the vendor that they did not do their due diligence to ensure the seed quality.

The same rules apply to noxious weeds, our expectation is that the seed has been tested and tagged with no noxious weeds being found. If any prohibited or restricted noxious weeds are found, the lot needs to be re-conditioned or replaced. This is no different than how we dealt with the issues in the past. Again if 1 seed is found, we realize it could be just the luck of the probe. If a substantial amount is found, then it will be reflected on the vendor that they did not ensure the quality of their seed before bidding and delivering the seed.

If we find issues consistently with a vendor, the performance will be rated poor or unacceptable. You expect the BLM to do their jobs as the COR and CO, we expect you to do your jobs of verifying the quality of the seed and knowing what it will test at, barring any erroneous results.