B08_Solicitation_Amend_1_0001.pdf

INSECTICIDE APPLICATIONS 2023

TYRRELL AND HORNING ORCHARDS SOLICITATION NO. 140L4323Q0031

BLM NORTHWEST OREGON DISTRICT Page 3 of 70

SERVICES AND PRICES/COSTS

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.

Items include an application method from the ground and application method from above.

Tyrrell Orchard

Est. Unit

Item Description Qty* Unit Price Total

00001 First Insecticide Application 47.5 ACRE $ $________ from above to canopy of conifer trees.

00002 Second Insecticide Application 47.5 ACRE $ $________

Total of All-or-None Items 00001 - 00002 $________

00003 First Insecticide Application 665 TREE $ $________ from the ground to canopy of small conifer trees approximately 7-25 ft. height.

00004 Second Insecticide Application 665 TREE $ $________ trees approximately 7-25 ft. height.

Total of All-or-None Items 00003 - 00004 $________

Option Items for Tyrrell Seed Orchard

00005 First Insecticide Application 311 TREE $ $________ from the ground to canopy of large conifer trees approximately 30 ft. height and greater.

00006 Second Insecticide Application 311 TREE $ $________ trees approximately 30 ft. height and greater.

Total of Option All-or-None Items 00005 - 00006 $________

Tyrrell Seed Orchard Total Items 00001 – 00006 $________

BLM NORTHWEST OREGON DISTRICT Page 4 of 70

Horning Seed Orchard

Est. Unit

Item Description Qty* Unit Price Total

00007 First Insecticide Application 38.2 ACRE $ $________

00008 Second Insecticide Application 38.2 ACRE $ $________

Total All or None Items 00007 & 00008 $________

00009 One Insecticide Application 367 TREE $ $________ from the ground to canopy of medium conifer trees approximately 25-35 ft. height.

Total All or None Item 0009 $________

Option Items for Horning Seed Orchard

00010 First Insecticide Application 520 TREE $ $________ trees approximately 10-20 ft. height.

00011 First Insecticide Application 367 TREE $ $________ from the ground to canopy of medium conifer trees approximately 25-35 ft. height.

00012 First Insecticide Application 710 TREE $ $________ trees approximately 35 ft. height and greater.

00013 Second Insecticide Application 520 TREE $ $________ trees approximately 10-20 ft. height.

00014 Second Insecticide Application 710 TREE $ $________ trees approximately 35 ft. height and greater.

Total All or None Items 00010 - 00014 $________

Horning Seed Orchard Total Items 00007 – 00009 $________

PERIOD OF PERFORMANCE: See Deliveries or Performance section.

(End of Supplies/Services and Prices/Costs)

BLM NORTHWEST OREGON DISTRICT Page 5 of 70

STATEMENT OF WORK – HORNING SEED ORCHARD

1.0 GENERAL

1.1 Description of Project - The Bureau of Land Management (BLM) requires services for a spring 2023 application of esfenvalerate insecticide on 8 to 28 year-old orchard-grown Douglas-fir trees.

1.2 Location of Project – Insecticide application will be at the BLM Horning Seed Orchard, 27004 S

Sheckly Road, Colton Oregon.

1.3 Access to Project Area

1.3.1 There is paved road access to an equipment staging area. See Attachments 8 & 10.

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 Area - 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 normal 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. For ground application only: The Western

Hemlock (I60 unit) and Western Redcedar (Z01, Z03 units) typically have earlier timing for receptive flowers. The timing for Western Hemlock can range from mid-March to mid-April.

The timing for Western Redcedar can range from early to mid-March.

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.

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.

BLM NORTHWEST OREGON DISTRICT Page 6 of 70

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 operator’s, applicator's, and if pertaining, aerial applicator’s 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 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 https://www.oregon.gov/oda/programs/Pesticides/Licensing/Pages/LicenseTypes.aspx

BLM NORTHWEST OREGON DISTRICT Page 7 of 70

d. A spreader-sticker adjuvant

e. Water for mixing if needed (The only applies to the amount needed to complete the project as specified in Attachment 9 & 11)

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

5.0 SPECIFIC TASKS

5.0 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. For details please see Attachments 8,9,10, & 11.

5.2 The Contractor shall transport the Government supplied esfenvalerate insecticide and spreader-sticker adjuvant from the orchard office compound to the application 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.

Please see Attachment 8 & 10.

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.

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

5.6 From above – If the Contractor is applying pesticide from above, 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; see Attachments: 9 & 10). The Government shall not be held responsible for any loss, mishap, or accident due to conditions of any loading facility used. No mixing/loading will take place in the office compound. The Contractor shall provide a spill kit and fire extinguisher, which will be present at the mixing/loading area.

5.7 From the ground – If the Contractor is applying pesticide from the ground, two application rates have been assigned. For application to canopy of small conifer trees, the Contractor shall apply esfenvalerate at a rate of approximately 0.001 lb. active ingredient (a.i.) per tree using 2.0 gal. of water/tree. For application to canopy of large conifer trees, the Contractor shall apply esfenvalerate at a rate of approximately 0.002 lb. a.i. per tree using 4.0 gal. water/tree. (Please see Attachment: 11). A lesser volume of the described rates is acceptable per tree if entire coverage of the foliage with the mixture can be met.

5.8 From the ground – If the Contractor is applying pesticide from the ground, the Contractor shall apply and disperse evenly the insecticide into the tree canopy to the height of tree or at least to a height of 40

ft. on trees over 40 ft. in height. The Contractor shall spray the entire canopy 360° coverage for all selected trees except those located in the two perimeter rows of each orchard. When spraying trees

BLM NORTHWEST OREGON DISTRICT Page 8 of 70 within two tree rows from the edge of treatment unit perimeters (for high pressure hydraulic spray equipment), spraying shall be done by directing the nozzle towards the center of the treatment unit, minimizing the chance for drift outside the designated treatment areas. Please see Attachments 10 and

11.

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

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

5.11 Pesticide application must be in compliance with the label.

5.12 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

5.13 The Government shall mark with pink surveyors flagging hung from a branch, the trees selected for application from the ground, unless each tree in an orchard is to be sprayed.

5.14 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.

5.15 Application shall be parallel to critical boundaries and the no-application zones (see maps Attachment

8 & 10). 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.

5.16 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).

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

5.18 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.

5.19 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.

5.20 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 application on the next unit. In certain

BLM NORTHWEST OREGON DISTRICT Page 9 of 70 instances, proceeding immediately to the next orchard unit in the spray order may be allowed only if the COR or PI has given permission

5.21 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.

5.22 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.

5.23 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 – Horning Seed Orchard)

BLM NORTHWEST OREGON DISTRICT Page 10 of 70

STATEMENT OF WORK – TYRRELL SEED ORCHARD

1.0 GENERAL

1.1 Description of Project – The Bureau of Land Management (BLM) requires services for two (2) spring

2023 applications of esfenvalerate insecticide on 7- to 32-year-old orchard-grown Douglas-fir trees.

1.2 Location of Project – Insecticide application will be at the BLM Tyrrell Seed Orchard, 26411 Siuslaw

River Road, Lorane, Oregon.

1.3 Access to Project Area

1.3.1 Access to all spray sites is by gravel surfaced road. Contractor shall use vehicles that are adequate to complete the work identified.

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 Area - Aspect is varied, with mostly gentle slopes less than 12%;

however, slopes up to 25% are present. Initial tree spacing was approximately 20 feet x 20 feet and/or

10 feet x 20 feet. However, with roguing, thinning and mortality over the years, remaining trees can be some distance from each other. Tree heights are generally less than 25 feet in younger orchards, but up to 90 feet in older orchards.

1.5 Timing – The first insecticide application, for Douglas-fir cone gall midge, must be completed when

Douglas-fir flowers are receptive, insects are present, and weather conditions permit. 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. Spraying in past years of the first application has taken place as early as March 29 and as late as April 22. The second application will follow approximately 2-3 weeks after the first application. The Government will determine optimum timing for the projects and notify the Contractor approximately 18 hours prior to each 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. (See maps.)

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. (See maps.)

BLM NORTHWEST OREGON DISTRICT Page 11 of 70

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.

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 spill kits, fire extinguishers, and all necessary tools, equipment, labor, transportation, and materials necessary to accomplish insecticide applications except for the insecticide and adjuvant which the Government will furnish. If the Contractor requests, the

Government will supply water for the projects with the following conditions:

A. If the rate of application requires less than 1,000 gallons of water, the Government can supply water in a mounted tank with a pump. (See Attachments regarding Tyrrell for Rates of Application and

Mix Ratios.)

B. If the rate of application requires greater than or equal to 1,000 gallons of water, the

Government can supply water in open-topped holding tanks and the Contractor is required to provide the pump. (See Attachments regarding Tyrrell for Rates of Application and Mix Ratios.)

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 operator’s, applicator's, and if pertaining, aerial applicator’s 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 https://www.oregon.gov/oda/programs/Pesticides/Licensing/Pages/LicenseTypes.aspx

BLM NORTHWEST OREGON DISTRICT Page 12 of 70

3.2.5 The Contractor, applicator, and ground crew shall know the requirements of the contract including technical requirements and orchard unit locations and shall be English literate enough to ensure adequate communication with the COR or with the Project Inspector (PI). 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 (PAR) 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 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

The Contractor assumes liability for damage or loss of 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, if requested by Contractor, (and Pump, if less than 1,000 gallons of water needed)

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

5.2 SPECIFIC TASKS

5.3 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 7-25 ft. in height, whereas other orchards have tree canopies 30-95 ft. in height. Please see Attachments for details.

5.4 The Contractor shall transport the Government supplied esfenvalerate insecticide and spreader-sticker adjuvant from the orchard office compound to the application 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.

5.5 The Contractor shall not mix/load in the office compound. 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. Please see Attachment maps.

5.6 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.

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

BLM NORTHWEST OREGON DISTRICT Page 13 of 70

5.8 From above – If the Contractor is applying pesticide from above, 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; see Attachment - Tyrrell Mix Ratio). The Government shall not be held responsible for any loss, mishap, or accident due to conditions of any loading facility used. No mixing/loading will take place in the office compound. The Contractor shall provide a spill kit and fire extinguisher, which will be present at the mixing/loading area.

5.9 From the ground – If the Contractor is applying pesticide from the ground, two rates have been assigned. 1) For application to canopy of small conifer trees, the Contractor shall apply esfenvalerate at a rate of approximately 0.001 lb. active ingredient (a.i.) per tree using 2.0 gal. of water/tree. 2) For application to canopy of large conifer trees, the Contractor shall apply esfenvalerate at a rate of approximately 0.002 lb. a.i. per tree using 4.0 gal. water/tree. (Please see Attachment - Rates of

Ground Application.Tyrrell). A lesser volume of the described rates is acceptable per tree if entire coverage of the foliage with the mixture can be met.

5.10 From the ground – If the Contractor is applying pesticide from the ground, the Contractor shall apply and disperse evenly the insecticide into the tree canopy to the height of tree or at least to a height of 40

ft. on trees over 40 ft. in height. The Contractor shall spray the entire canopy 360° coverage for all selected trees except those located in the two perimeter rows of each orchard. When spraying trees within two tree rows from the edge of treatment unit perimeters (for high pressure hydraulic spray equipment), spraying shall be done by directing the nozzle towards the center of the treatment unit, minimizing the chance for drift outside the designated treatment areas. Please see Attachment –

Tyrrell Map Showing Directional Spray from the Ground.

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

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

5.13 Pesticide application must be in compliance with the label.

5.14 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.

5.15 The Government shall mark with pink surveyors flagging hung from a branch, the trees selected for application from the ground, unless each tree in an orchard is to be sprayed.

5.16 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.

5.17 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.

BLM NORTHWEST OREGON DISTRICT Page 14 of 70

5.18 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).

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

5.20 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.

5.21 If applying pesticide from above, the Contractor should arrive with clean water in their batch truck as water is limited at Tyrrell Seed Orchard. 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.

5.22 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 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.

5.23 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.

5.24 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.

5.25 It is the Contractor's responsibility to check all work sites for hazards.

5.26 Spraying operations may not commence until one half hour to two hours (½ - 2 hours) after sunrise and may have to stop one half hour to two hours (½ - 2 hours) before sunset because of Marbled

Murrelet restrictions.

6.0 MEASUREMENT AND PAYMENT

6.1 If the Contractor is applying pesticide from above, applications shall be measured by the number of acres sprayed to the nearest tenth acre. If the Contractor is applying pesticide from the ground, applications shall be measured by the number of trees sprayed.

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

6.3 Distribution of the pesticide application shall not vary more than 10% above or below the average distribution of pesticide per contract unit 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.

BLM NORTHWEST OREGON DISTRICT Page 15 of 70

SITE VISIT

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

(End of Statement of Work – Tyrrell Seed Orchard)

(End of Statements of Work)

BLM NORTHWEST OREGON DISTRICT Page 16 of 70

INSPECTION AND ACCEPTANCE

The following clause is incorporated by reference:

Clause Title Date

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984

(End of Inspection and Acceptance)

BLM NORTHWEST OREGON DISTRICT Page 17 of 70

DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The contract shall commence from date of award for a period up to 75 days if options are exercised.

F.2.0 PROGRESS PLAN

At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details its proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule must reflect a work progress rate equal to the available amount of contract performance time.

The following clause is incorporated by reference:

52.242-15 STOP WORK ORDER AUG 1989

The following clauses are provided n full text:

(End of Deliveries or Performance)

BLM NORTHWEST OREGON DISTRICT Page 18 of 70

CONTRACT ADMINISTRATION DATA

The following local clauses are provided in full text:

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The

Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System

(CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/. The CPARS

User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/. Contractor

Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating ''No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

https://www.cpars.gov/

BLM NORTHWEST OREGON DISTRICT Page 19 of 70

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the

Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30- day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for

Government use supporting source selection actions after it has been finalized.

(End of clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

(APR 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice

Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable

Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions –

Commercial Products and Commercial Services included in commercial products and commercial services contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

1. Invoice billed according to contract line items and rates.

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

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The

Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP

Production Helpdesk via email ippgroup@bos.frb.org 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:ippgroup@bos.frb.org

BLM NORTHWEST OREGON DISTRICT Page 20 of 70

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

BLM NORTHWEST OREGON DISTRICT Page 21 of 70

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

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 Affirmative Procurement 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

• 52.223-15 Energy Efficiency in Energy Consuming Products

• 52.223-17 Affirmative Procurement of EPA Designated Items in Service and Construction Contracts

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.

http://www.epa.gov/cpg/products.htm http://www.bioprefferd.gov/ http://www.energystar.gov/products http://energy.gov/eere/femp/covered-product-categories http://energy.gov/eere/femp/covered-product-categories

BLM NORTHWEST OREGON DISTRICT Page 22 of 70

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

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

10.0 OREGON FARM/FOREST LABOR CONTRACTOR'S LICENSE

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

Information on obtaining this license may be obtained from:

Bure…