Forsyth Fire Seed Specifications Page 1 of 5

ATTACHMENT B – SCOPE OF WORK

BD27-109 Forsyth Fire Seed

BID SPECIFICATIONS

All awards will be based upon the lowest pure live seed (PLS Price per Pound carried out to three decimals places) price offered for each item meeting the below minimum seed bid specifications for that species. Each bid will be ranked lowest bid to highest per line item. Once the lowest bid of seed species is exhausted per supplier bid, the State will then move to the next lowest bid until the required species of seed needed is fulfilled. Past performance (including but not limited to: failure to supply awarded seed, late delivery, repeatedly supplying seed below specifications, etc) of the vendor may be considered when making awards.

Award amount will be for Bulk Price per Pound, rounded to the nearest three decimal places. Bid prices must include delivery and drop off to the Division of Wildlife Resources in Cedar City, Utah, located at 1470 N Airport Rd, Cedar City, UT 84721. All seed must be delivered on pallets to be retained by the DWR.

For the purpose of determining the percentage of pure live seed (% PLS) and the pure live seed price (PLS Price per Pound), the following formulas shall be used:

(% Purity) x (% Germination) = % PLS

Bulk Price per Pound = PLS Price per pound

% PLS

All bidders must indicate certification class, variety, quantity offered, germination percent, purity percent, PLS percent, origin of seed (county and state), delivery date, Bulk Price per Pound and PLS Price per Pound. Where specified, bidders must identify the source location (county and state) of the native stand. The State may purchase certified (registered, certified, selected, source identified) or non-certified seed.

Preference will be given for certified seed and variety requested. The State reserves the right to reject any or all offers and to purchase additional quantities of seed greater than that indicated on the solicitation. Please include the maximum quantity of seed to be considered for purchase. All seed delivered must be tagged in accordance with Utah State Seed Laws. All seed shall comply with Utah State Noxious Weed Seeds and Weed Seed Restrictions. All seed shall also comply with the Federal Seed Act.

Seed Requirements

1) All bids will be submitted on a Pure Live Seed (PLS) basis. All seed will have no less than 80% PLS (TZ test acceptable) and 90% purity.

2) Vendor will provide certification that the seed has been tested for germination and purity (with weed seed content, crop seed content, and inert matter provided) within the past 120 days. If weed seed content exceeds 5%, the seed may be rejected. Seed

Forsyth Fire Seed Specifications Page 2 of 5 certification tags without testing documentation will not be accepted. If a recent test (within 120 days) is not available, seed samples will be pulled by DWR, UCIA or UDAF personnel and independently tested prior to delivery. Seed must be available and allowance made for this to occur. If sampled and independently tested seed does not meet germination, purity, and noxious weed free standards specified, it will be rejected.

3) Seed will be packaged in 1,800 lb. sacks (negotiable) and will be palletized for delivery. Each pallet should not exceed 1,800 lbs. All pallets will be required to be wrapped on all sides with a water resistant cover (saran-type) to ensure protection against water damage at delivery site.

4) All seed will be certified NOXIOUS WEED FREE. Successful bidder will be required to provide proof of test results for seed lots included in this order that will document lot germination, purity, percent weed seed content, percent of crop seed content, and percent of inert matter and certification that seed is free from noxious weeds. Failure to provide certification will result in refusal of delivery and payment until such time that the Department of Agriculture secure samples from the mixed product and verify the above information through an independent lab.

5) Quoted quantities are to include shipping costs, mixing, and seed test costs (excluding independent sampling and testing). All shipping must be done with direct trucking that will deliver and unload the successful vendors’ seed on the shortest route directly to Cedar City, Utah. Seed pallets are only to be handled at loading (seed mixing vendor) and off-loading areas and not at intermittent points that delay shipping and cause excessive load damage.

6) No substitute species will be accepted.

Seed Tests

If a test from the vendor from the last 120 days is not available, personnel from either the Utah Department of Agriculture and Food (UDAF) or the Utah Division of Wildlife Resources Great Basin Research Center will take samples of all seed lots prior to delivery. The seed will then be delivered to an accredited Seed Testing Laboratory of the vendor’s choice. STATE SEED LABORATORIES—Arizona, California, Colorado, Idaho, Montana, New Mexico, Nevada, Oregon, South Dakota, North Dakota, Utah, Washington, and Wyoming. PRIVATE SEED LABORATORIES—Eurofins Scientific Testing, Agri-Quality Testing, Inc., and Mid-West Testing Services. Vendor's should indicate on the bid sheet the primary and secondary laboratory to be used for each offer. Typically one of the two laboratories identified by the vendor will be used, however, the laboratory selected for seed testing will be at the discretion of the UDWR.

If no laboratory is identified, UDWR will use the UDAF Seed Laboratory for testing. No other seed testing laboratories besides those listed above will be used.

The analysis report obtained from the sample taken at this time shall determine final acceptance and/or payments.

Payment will be based on this test result.

Forsyth Fire Seed Specifications Page 3 of 5

Generally, a tetrazolium test will be used to determine seed viability. However, if time permits, UDWR may elect to use a germination test to determine seed viability. The seed samples will also be tested for purity (inert, other crop, weed seed, and noxious weed content). Maximum allowed downy brome is 0.5%.

Acceptance for purity or germination

(1) If the contractor delivers seed with official tags that indicate the PLS rating for that lot is less than the State’s minimum acceptable PLS rating, the lot will be rejected immediately with no test for germination or purity made.

(2) If the contractor delivers seed with official seed tags that meet or exceed the

State’s minimum acceptable PLS rating, a sample from that seed lot will be taken at the time of delivery for germination and purity analysis to be performed by one of the vendors laboratory of choice to determine if the delivered seed meets the State’s minimum acceptable purity PLS rating.

a. If the Seed Laboratory test indicates the germination and purity of the delivered seed are within the State’s minimum acceptable PLS rating, the State will accept the seed and make payment to the contractor at the unit (bulk) price.

b. If the Seed Laboratory test indicates the germination and/or purity of the delivered seed are NOT within the State’s minimum acceptable PLS rating, the State, at its option, may elect to reject the seed and require the Contractor to replace the lot of rejected seed with seed meeting the required PLS rating, or accept the seed and pay the Contractor at a reduced unit price computed as follows:

Reduced Unit Price = Tested % PLS X Offered Unit Price

Offered % PLS

Such payments at a reduced unit price shall be the full compensation due and payable to the Contractor for seed accepted under this condition.

Rejected Seed

The contractor will be given one opportunity to replace rejected seed. If a seed lot is rejected, the contractor must promptly replace the order within 10 days or risk having the order awarded to the next lowest bidder. If a replacement lot is also rejected, the State may cancel the order and award the bid to the next lowest bidder. The contractor must also remove or cause to be removed the rejected seed. All freight and drayage charges in connection with rejected seed will be borne by the contractor.

If the lot is removed, reconditioned and resubmitted as the replacement lot, the contractor must assign a new lot number to that seed.

Forsyth Fire Seed Specifications Page 4 of 5

Retests

Retests are not an option if the seed does not meet the minimum acceptable PLS rating.

Delivery

Seed can be immediately delivered and must be delivered within 7 working days after bid award, prior to October 1st. Please record delivery date on seed requisition form.

Preference may be given to the vendor with earlier delivery date. All seed must be delivered on pallets to be retained by DWR. A packing slip or bill of lading must be included with each seed delivery.

Seed should be delivered to the following address:

Utah Division of Wildlife Resource 1470 N Airport Rd Cedar City, UT 84721

The Contractor is required to make an appointment with the DWR Contract manager(s) at least three (3) working days prior to delivery to arrange for delivery (contact information will be provided to awarded vendor(s)). The contractor is required to cover all transportation and unloading needs. All costs of transportation from shipping point(s) to destination and unloading at the destination shall be paid by the Contractor and included in the price offered for the item(s). The Contractor shall be responsible for any/all damage occurring in transit.

The Contractor is responsible for the delivery of each item. If the Contractor delivers and the State receives quantities of any item in excess of the quantity called for, such excess quantities will be treated as being delivered for the convenience of the Contractor. The State may retain such excess quantities up to $250 in value without compensating the Contractor therefore, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the State, either be returned at the Contractor's expense or retained and paid for by the State at the contract unit price.

Late Delivery

Late deliveries will be subject to a reduction in payment of 1% per day of the price of the seed.

Invoice

The Contractor shall submit an original invoice to Utah Division of Wildlife Resources at 1470 N Airport Rd, Cedar City, UT 84721. An invoice must include:

Forsyth Fire Seed Specifications Page 5 of 5

(1) Name and address of the Contractor;

(2) Invoice date;

(3) Contract number.

(4) Description, quantity, unit of measure, unit price and extended price of the items delivered, and lot number of each individual item.

(5) Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on State bill of lading;

(6) Name and address of official to whom payment is to be sent; and

(7) Name, title, and phone number of person to be notified in event of defective invoice.

Additional Purchases

After the initial awards are made the State may procure more seed due to fires or other needs at the bid prices if the vendor is still willing to sell additional seed at the original bid price.

Invoice