A04_SOW.docx

STATEMENT OF WORK:

Searchlight Herbicide Treatment

BUREAU OF LAND MANAGEMENT SOUTHERN NEVADA DISTRICT OFFICE

INTRODUCTION:

The Bureau of Land Management (BLM) is acquiring herbicide vegetation treatment services on BLM land near Searchlight, NV, which is administered by the BLM Southern Nevada District Office, and BLM Las Vegas Field Office, through an end-product contract to treat 3,000 acres using an approved pre-emergent herbicide, IMAZAPIC, to control invasive annual grass species.

The work consists of applying a pre-emergent herbicide to create a fuel break in a select location on BLM-administered lands for the control of invasive annual grass species such as red brome (Bromus rubens) and downy brome or ‘cheatgrass’ (Bromus tectorum). The project area is located 10 miles East of the 2023 York Fire, within the Wildland Urban Interface (WUI) & Drinking Water Well Watershed Priority areas defined for BIL Fund projects and near residential areas of Searchlight, NV & Cal-Nev-Ari, NV for a total of up to 3,000 acres. The location of work is approximately 5 miles North of Searchlight, NV to 30 miles South of Searchlight, NV, is 50-70 miles South of Las Vegas, Nevada, 30-50 miles Southeast of Jean, NV, and 40-60 miles Northwest of Kingman, AZ. The project area is depicted on the Location and Vicinity Maps. The objective of this End Product Contract (EPC) is herbicide application across the target area while minimizing disturbance. This is to prevent invasive annual grass seed from spreading, germinating, becoming established, and outcompeting native annual and perennial vegetation. By restoring native species to the landscape, the invasive annual grass species will likely be reduced and replaced by locally adapted, genetically appropriate native species. The goal is to restore the Mojave Desert ecosystem by increasing biodiversity, enhancing resiliency on public lands over time, and decreasing the fire risk posed by invasive annual grasses.

1.0 GENERAL:

1.1 The purpose of this contract is to secure services for vegetation herbicide spraying services. The Contractor shall furnish all labor, supervision, equipment, chemicals, tools, materials, supplies, and incidentals; and perform all work necessary to complete the application by these specifications, the Specific Tasks in section 6.14, and attachments in this contract, and the Herbicide Label(s). The contractor shall be responsible for mobilization, demobilization, and cleanup.

1.2 A site visit of the contract area will not be conducted. The project area is in a publicly accessible location, and it is at the bidders’ discretion to view the project area. An ESRI shapefile and/or georeferenced contract maps (See Attachments – 1. Location Maps) are available at the Contractor’s request to assist the Contractor in locating the project area.

1.3 The Contractor shall hold a current Nevada Commercial/Professional Applicator License for the application of pesticides in the weed control category appropriate for the application type and compliance with all applicable regulations. Proof of licensing shall be provided before contract award. All vegetation control measures shall comply with the provisions outlined in the Record of Decision for the Vegetation Treatments Using Herbicides on Bureau of Land Management Lands in 17 Western States Programmatic EIS, (September 2007 and 2016), DOI-BLM-NV-S010-2019-0053-EA Uplands Herbicide Use, all herbicides, and adjuvants utilized in 2024 and 2025 shall be listed on the applicable and currently valid Pesticide Use Proposal (PUP) NVS000-23-001-P, and all applicable federal, state, and local regulations.

1.4 The applications will coincide with invasive species phenology. Project site(s) may need to be sprayed at the same time, or within a very short timeframe, therefore, enough applicators and equipment would be needed to perform simultaneous and/or large- scale applications. During the application desert, roads may not be passable or will require four-wheeled drive vehicles. Off-road/overland travel and/or application with trucks, ATVs, or UTVs may be permitted but disturbance potential must be identified before the start of work and mitigated. Ground-based application with wheeled or tracked vehicles has the potential to cause additional ground disturbance, increase the likelihood of spreading weeds, has the potential to cause impacts to designated critical desert tortoise habitat (Gopherus Agassizii), and the potential to cause impacts to cultural resources that are susceptible to damage by overland mechanized travel. Potential impacts and mitigations will be discussed at the Pre-Work Conference upon presentation of the Contractors “work progress” plan identifying planned application methods.

1.5 To minimize the introduction and spread of invasive plant species on public lands, all equipment, vehicles, trailers, UTVs, and ATVs must be cleaned using a high- pressure/power wash and/or compressed air with particular attention given to undercarriage and moving parts prior to on-site arrival and initiation of contract work to the satisfactory level of the Contracting Officer Representative (COR). Additionally, if a Contractor is treating multiple projects, all equipment and vehicles must be cleaned between/before moving to the next site to the satisfactory level of the COR. This means all equipment, vehicles, trailers, etc. (including interior cabs/floorboards) shall be free of all plant parts, mud, and debris that may contain weed seeds and/or root fragments.

1.6 The Contractor shall stop operation if inclement weather conditions (gusty and/or wind conditions at eye level (~6ft above ground) occur during the spraying operation. Specific restrictions are located on page B-9 of Attachment 5. BLM Standard Operating Procedures and Mitigation Measures for Applying Herbicides – Appendix B).

If a precipitation event occurs during the application, the Contractor will notify the COR and document the time precipitation started, the time the application ended, intensity, and duration of the event on the Pesticide Application Record (PAR). The contractor is responsible for following BLM policy and herbicide label instructions on proper spraying conditions (See section 6.0 Execution of Work). The Contractor shall furnish and utilize equipment (i.e. Kestrel) that is capable of accurately measuring on-site weather conditions including temperature, wind speeds, and relative humidity to assure adherence to contract requirements.

1.7 Application Records: The Contractor is responsible for completing Pesticide Application Records (PARs), daily weather observations, and daily GPS tracklogs. (See Section 5.1 Pesticide Application Record (PAR), Section 5.2 Global Positioning System (GPS) Tracklogs and 5.3 Weather Observations). Shapefiles (.shp) are the required GPS tracklog format.

1.8 The Government will pay for treatments within the designated project area as identified in the Detailed Specifications Section. Payment shall not be made unless >95% of the targeted acres within the designated project area have been treated as determined by the Contracting Officer’s Representative (COR) or Project Inspector (PI) during the final inspection. The Contractor is responsible for identifying the extent of the target species in the project area. A final inspection will not be completed until all GPS tracklog files and PARs have been submitted to the COR. Invoices must be properly submitted prior to payment. Inaccurate mapping or incomplete information shall require re-work at the Contractor’s expense.

1.9 The Contractor shall strictly adhere to the herbicide label instructions, BLM policy, and federal and state regulations. In the instance that several guidelines or regulations are provided, the Contractor will follow the one that is the most restrictive.

1.10 The Government will have the option to inspect the Contractor's equipment and work before, during, and after completion of this contract. All equipment will be calibrated prior to application, properly functioning, free of pesticide residue (staining is okay), and free of leaks and malfunctioning or broken parts.

1.11 The Government will have the option to observe and require calibration of all spray equipment before, during, and after completion of this contract.

2.0 LOCATIONS & PERFORMANCE PERIOD:

2.1 The Government will provide work location maps for the site that is to be treated with herbicide. (See Attachment – 1. Location Maps).

2.2 EXPECTED DELIVERY OR PERFORMANCE TIMES:

a. The period of performance begins 11/15/2024 and must be completed no later than 2/28/2025, during the desert tortoise inactive season and they are subterranean (November 15 through February 28). The U. S. Government’s preference is to start and complete the project as rapidly as practical, however, due to weather conditions during this time, soil moisture, soil temperature, and timeframes may need to be re-negotiated.

b. There will be a Pre-Work conference before the start of the project at an agreed-upon date between the COR/PI and the Contractor. At the pre-work conference, the Contractor shall provide the COR with a written “work progress” plan that details his/her proposed workforce and schedule to provide for the orderly completion of the work within the contract performance times as well as required certifications/licensures and types of planned application methods. This work schedule must be acceptable to the U. S. Government. At a minimum, the schedule should reflect a work progress rate equal to the available amount of contract performance time. The unit sequence work schedule will be determined by the COR at the prework conference but may be subject to change because of normal variations in weather conditions. The contractor shall be able to perform a minimum production rate of 300 acres sprayed per day. The herbicide will be applied utilizing water as a carrier and applied at the appropriate rate per label and applicable regulations.

c. The Contractor shall begin work within 7 calendar days from the effective notice to proceed. The Contractor shall continue the performance of the work under the contract without delay or interruption except by causes beyond the contractor’s control as defined by contract clauses, or by the receipt of a “Suspend Work Order” issued by the U. S. Government. Failure to do so may be cause for action under the “Default” clause. The Contractor shall complete all work required within the time specified.

d. The Contractor shall contact the authorized BLM Contracting Officers Representative or Project Inspector (COR/PI) 72 hours before implementing any work specified in this contract.

2.3 In the likely event that the Government does not flag the project area it is the Contractor’s responsibility to delineate the boundaries utilizing the Government provided shapefile (.shp) and pdf maps. The use of GPS devices or other geolocation software (i.e. Avenza) will be necessary to navigate to the project area, identify treatment polygon boundaries, and provide the Government with daily tracklogs. The Government will not upload these files to the Contractor’s devices.

2.4 Boundaries of Project Areas: The project areas are generally identifiable by changes in vegetation, roads, paint, flagging, or Geographical Information Systems (GIS) data. The boundaries can be adjacent timber stands, recent harvest units, or other natural or manmade features that clearly define the boundary as noted on the project area maps.

Work on this contract may require the Contractor to have global positioning system (GPS) capabilities to identify treatment areas and/or project boundaries. GPS equipment with an average horizontal positional accuracy of 3 meters (commercial grade) will be required. The Government shall provide geo-referenced maps, shape files, or track logs electronically (via email or at the pre-work meeting) to the Contractor which shall identify treatment unit boundaries and treatment islands with the project area boundary. It is the responsibility of the Contractor to upload the shape files to the GPS equipment and provide any technical support for problems with the Contractor-owned equipment.

2.5 Project Area Access: Most of the project area will have access reasonably close to roads, some of the roads are improved graveled roads; however, many of the roads will be improved dirt roads or two-track range roads. The contractor shall make every effort to stage as close to the project area as possible while complying with all applicable federal, state, and local regulations and appropriate land use permitting procedures applicable to their operations.

2.6 Communication Systems: The Contractor must provide a communication system so that contractor personnel engaged in the project at different locations can communicate at all times with each other, and so that government COR/PI may communicate with the contractor at any time to discuss performance matters. [DOI has adopted a policy that radios must be P25-compliant VHF-FM. Transceiver must provide a selection of narrowband analog (12.5kHz) or narrowband digital (12.5kHz) operation on a minimum of 100 channels].

3.0 CHEMICALS:

3.1 The Contractor will supply all the chemicals necessary to complete the specifications of this contract. See the attached “2. Herbicide and Adjuvants List” document for the active ingredients and rates that must be used. Only herbicides for use on BLM lands and appropriate for the application site type (i.e. rangeland, aquatic, right-of-way) are acceptable. The Contractor will use a formulation of imazapic, an herbicide appropriate for treating the targeted invasive grass species for this project Bromus rubens & Bromus tectorum, at a rate of 6fl oz/acre or 0.09lb AE/acre. Water amounts (gallons/acre) should be calculated per product used as per amount of product per acre, this can be referenced from the approved product label. 2 formulations are listed in the attached herbicide list. Any use of dye or adjuvants is not necessary and must be preapproved.

Water used for mixing chemicals will not be provided by the Government and the Contractor must include water availability and cost in their bid. All water used for applications shall be clean and free of particulates that may reduce the effectiveness of herbicides (i.e. cloudy/murky water). The contractor shall use a developed (i.e. standpipe) water source. Natural water sources (i.e. stream or reservoir) may be considered for use if a developed water source is not readily available and if the act of using the natural water source does not negatively impact the resource, as determined by the COR/PI. All natural water sources must be approved by the COR/PI prior to use. It is the Contractor’s responsibility to identify, locate, and contact landowners to ensure water right permissions are followed.

3.2 Chemical herbicide application rates for selected species are listed on the container label. The Contractor shall adhere to the application rate the Government has determined for each site (See Attachments 2. Herbicide and Adjuvants List and 5. Appendix B-Herbicide Use SOPs). The rate will be within the product labels rate. This will be regularly checked by the project inspector. Any discrepancies may require the contractor to re-treat areas or may cause the contract to stop.

3.3 Dust Abatement: Any material used for dust abatement, other than water, shall be approved by the COR prior to use.

4.0 EQUIPMENT:

4.1 General: The Contractor shall furnish properly outfitted equipment with applicators experienced in applying herbicides in rough terrain. The Contractor shall service and repair equipment as necessary to maintain satisfactory progress on work. The Contractor is responsible for all costs incidental to equipment move-in, move-out, and repair associated with the project.

4.2 Equipment:

a. The Contractor shall furnish sufficient equipment to satisfactorily spray the designated areas in the time specified as required by the contract. Equipment or personnel shall be capable of traveling at moderate speed to give proper control and even distribution of herbicide. The Contractor shall furnish all fuel, oil, and service required for the operation of equipment and vehicles. All expenses relating to the maintenance and operation of equipment shall be included in the unit price bid per acre for herbicide spraying.

b. Base of Operations: The Contractor shall provide such staging/loading facilities as may be required for the competent performance of the contract. If loading sites are described in the Specific Tasks or shown on the Work Location Map, the Government makes no warranty as to their availability or condition. Use of any loading area shall be arranged by and at the discretion and risk of the Contractor, and the Government shall not be held responsible for any loss, mishap, or accident due to conditions of any loading facility used. Any applicable fees for loading facilities are the responsibility of the Contractor. If the Contractor wishes to use BLM land, this must be approved in advance by the COR/PI.

c. The contractor shall use a GPS system with an automatic shut-off system. Equipment shall be equipped with a GPS Guidance/Tracking system capable of accepting and utilizing ARC/INFO GIS Shapefiles and of directly supplying Shapefiles of treatment coverage to the U.S. Government upon completion of each treated area.

4.3 Spray equipment:

a. Spray Tanks: Spray solutions of the product shall be mixed, stored, and applied using only stainless steel, aluminum, fiberglass, plastic, or plastic-lined steel containers.

b. Spray Nozzles: The Contractor shall furnish a nozzle type that is designated for the intended application. Refer to the Label for proper nozzles to comply with the Drift Management Section.

c. Booms: The Contractor shall furnish non-rust booms.

4.4 Work Crew:

a. Nevada Licensed Commercial/Professional Applicator: Shall be furnished by the Contractor and have a valid Nevada Commercial/Professional Pesticide Applicator license maintaining compliance with any regulations applicable to the completion of this contract. The licensed applicator must be present on-site during all mixing, handling, and application of herbicides.

b. Work crew: Shall be furnished by the Contractor for handling and mixing the herbicide and loading the equipment. The Contractor shall furnish the necessary qualified mechanics for maintenance of equipment at the project site and/or services for repair off- site.

c. Each of the applicators shall be licensed in the Agriculture Herbicide category to allow for herbicide application on rangeland. If the contractor’s Commercial Pesticide Applicator License status changes at any time due to suspensions, they shall contact the PI and or Contracting Officer immediately. They shall adhere to all State & Federal laws in addition to the herbicide label directions and approved BLM Pesticide Use Proposal (PUP).

d. For projects in Nevada, as well as the commercial applicator’s license, the contractor’s applicator(s) shall have current federal and/or Nevada Department of Agriculture issued license(s) appropriate for each type of application equipment or vehicle specific to the type they operate.

e. If the status of any of the licenses in this Statement Of Work (SOW) changes at any time due to suspensions, the contractor shall contact the PI and or Contracting Officer immediately.

f. A foreman shall be present on site, either identified as any key personnel or other individual, during all applications. The foreman shall effectively and efficiently address on-the-ground issues and accurately communicate project progress by providing accurate track logs with the PI or COR.

g. The contractor shall have the ability and all appropriate equipment to spray large projects which include landscapes with vast changes in topography from flat to extremely steep and mountainous.

h. The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The contract manager shall have full authority to act for the Contractor on all contract matters relating to the daily operation of this contract. The contract manager shall have at least 3 years of experience managing work on a contract or project of similar scope and magnitude.

5.0 CONTRACTOR SUPPLIED DATA:

5.1 Pesticide Application Record (PAR): For all pesticide applications the Contractor must fill out a PAR within 24 hours of application of treated sites. Final PARs shall be turned in and reviewed by the COR within 7 business days of project completion and must be furnished upon request during field visits. All fields on the PAR form shall be completed. At a minimum, a separate PAR shall be filled out for each day of treatment or site type/tank mixture (i.e., terrestrial versus aquatic/riparian site). More than one species may be included on the same PAR if they are treated in the same location with the same pesticide. Refer to Attachments: 3. PAR Template and 4. PAR Completed Example.

5.2 Global Positioning System (GPS) Tracklogs:

a. Tracklog: The Contractor must document, by use of a Global Positioning System (GPS), geographic tracklogs of spray activities. Tracklogs must be completed daily, collected on the day of application, and electronically submitted via email to the COR/PI daily in an ESRI ArcMap compatible format of a shapefile. The Contractor-provided GPS device(s) must be capable of continuously logging data. To be considered complete, each tracklog record will include: the contract name, x and y position coordinates, tracklog date, track start time, and track end time. The contractor shall use a GPS system with an automatic shut-off system. Equipment shall be equipped with a GPS Guidance/Tracking system capable of accepting and utilizing ARC/INFO GIS Shapefiles and of directly supplying Shapefiles of treatment coverage to the U.S. Government upon completion of each treated area.

b. Broadcast Application Tracklog: This type of tracklog is typical of contract areas in which an area needs to be sprayed in its entirety with continuous coverage (i.e. bare ground treatment or annual grass control). In addition to tracklog stipulations required in 5.2a, these tracklogs must differentiate between spray-on and spray-off when viewed on a computer monitor and must include application swath width.

For example, two applicators are performing a broadcast application in an upland range site. One applicator is using a truck-mounted boom sprayer, while the other applicator is using a UTV-mounted boom sprayer. To meet contract specifications (including those in 5.2.a) in this instance, the Contractor would provide the COR/PI with a least two tracklogs (one tracklog from the UTV and one tracklog from the truck) that differentiate between spray-on and spray-off and provide swath with of the boom sprayer for both the truck and UTV.

c. The contractor shall provide data in a standard format (NAD 83 for zone 11 North in UTM or latitudes/longitudes in decimal degrees.)

5.3 Weather Observations: Date/time, wind speed/direction, humidity, temperature, and other pertinent observations relating to the fulfillment of this contract and ensuring compliance with the prescribed application conditions are to be provided to the COR/PI daily for each active application period.

6.0 EXECUTION OF WORK:

6.1 Pre-Work Conference: Prior to the commencement of work, a meeting will be requested by the Contracting Officer to be attended by the Contractor, the Contracting Officer's Representative, and the Project Inspector(s). The meeting will be held at the Southern Nevada District Office at a time mutually agreeable to the Contractor and the Contracting Officer to discuss the work schedule and to familiarize both parties with the responsibilities of each under this contract. At this time a work schedule showing dates, locations, equipment, and employees working on this project shall be provided by the Contractor to the Contracting Officer.

6.2 Priority of Work: Units will be sprayed in the order as directed by the COR. Each unit shall be completed prior to moving to the next unit unless otherwise agreed to by the COR.

6.3 Environmental Conditions:

a. Work Period: Spraying Operations will be permitted only during daylight hours. The Contractor will provide a daily plan outlining in which area of the project area treatment will start, the contractor will have personnel on the project site prior to commencing a daily application, during the application, and will notify COR or PI of changing weather conditions. The COR or PI will allow the Contractor to continue or stop the application if weather factors dictate.

b. Wind: The Contractor shall follow the Label Section on Spray Drift Management. Local wind can influence wind patterns. Every applicator should be familiar with local wind patterns and how they affect drift. All applications must cease if eye level (~6ft above the ground) wind speeds exceed the limits listed on page B-9 of attachment 5. BLM Standard Operating Procedures and Mitigation Measures for Applying Herbicides – Appendix B or with imminent threat of rain over the project area. Measurements shall be collected on-site of active herbicide application.

c. Relative Humidity: Refer to the product label when making applications in low relative humidity conditions. Measurements shall be collected on-site of active herbicide application.

d. Precipitation: Contractor is responsible for re-treatment, at Contractor’s expense, if the herbicide is washed off due to application when predicted precipitation event was imminent; refer to herbicide label.

e. Site Conditions: No herbicide application will be allowed if conditions do not meet federal, state, BLM, or requirements (Most restrictive guidelines shall be followed).

6.4 Spraying:

a. Coverage: It is the responsibility of the Contractor to identify the extent of target species within the Project area to identify treatment areas. Any areas not covered by the Contractor shall be reapplied or compensated by suitable contract adjustment, at the option of and at no additional cost to the Government. (See Section 6.9 Field Quality Control and Section 6.12 Completion of Contract).

b. Rate of Spraying: Herbicide shall be applied at the application rate per acre according to Section 6.14 Specific Tasks, Section 6.9 Field Quality Control, attachment 2. Herbicides and Adjuvants List, and according to Label instructions. The carrier for the chemical will follow the label limits for application. The Contractor will be required to demonstrate that they can provide adequate and uniform coverage. The Contractor shall furnish mixing equipment, a suitable work crew, and perform the mixing operation. Spray formulation shall be thoroughly mixed according to the Label and distributed over the entire area. Distribution of herbicide shall not vary more than ten percent (10%) above or below the average distribution of herbicide per acre from that specified.

c. Application Paths: The Contractor must keep spray applications within the perimeter of the Government-provided project area shape file. Areas sprayed outside of the perimeter will result in immediate stoppage of work and the Contractor will not be paid for any areas treated outside of the identified areas.

d. Application Height: If a spray boom is used, it shall be set at a height to obtain proper distribution and uniform coverage of herbicide on target species. The Contractor shall follow Herbicide Label instructions on Spray Drift Management to obtain proper boom height.

e. Spray Drift Management: The interaction of many equipment and weather-related factors determines the potential for spray drift. The Contractor is responsible for considering all these factors when making application decisions. Drift will be limited. Avoiding spray drift is the responsibility of the Contractor.

f. Buffer Zones: For handgun and boom applications the minimum buffer from the water’s edge of streams, ponds, and other waterways should be referenced from the product label or agency regulations, whichever is more restrictive. These buffers are intended for pesticides not labeled for use in aquatic sites. Spraying up to the water’s edge (within the buffers above) will require the use of aquatically registered herbicide formulations and adjuvants. Refer to the Attachment 5. BLM Standard Operating Procedures for Herbicide Use Appendix B. All vehicle use is prohibited within 10 feet of all live water, including springs, seeps, and wet soil areas. Primary paths and tracks shall be assessed on foot prior to use by equipment.

6.5 Cultural Considerations: Because cultural resources may be present in the area, ground- based project activities and any other action that causes disturbance of the ground’s surface shall be limited to those areas approved by the BLM. If ground equipment is used for herbicide application, deviations from routes flagged, shown on drawings or GPS files are not allowable without prior written approval of the Contracting Officer. The Contractor shall ensure that he, his employees, or his representatives do not collect or disturb historic or prehistoric artifacts in accordance with the Archeological Resources Protection Act (43 CFR 7). Should the condition of the cultural resources in the area be altered during treatment due to unauthorized activity by the Contractor or his employees, the Contractor shall be responsible for all costs of mitigating the cultural resources involved. If deterioration of the archeological sites is found to be occurring during treatment, work on the project shall be terminated until a data recovery plan is prepared and completed in accordance with the National Historic Preservation Act (36 CFR 800). The contractor shall immediately bring to the attention of the Contracting Officer any and all cultural resources including, but not limited to, historic and prehistoric sites or artifacts, buried artifacts, and buried features such as fire pits, burials, and house floors discovered as a result of treatment operations. The Contractor shall immediately suspend all activities in the immediate vicinity that might harm the object(s), notify the Contracting Officer, and leave such discoveries intact until instructed to proceed by the Contracting Officer.

6.6 Wildlife, Plants, and Special Management Areas: For applications made in sensitive habitats for either flora or fauna (i.e. Sage-grouse or other sensitive species within the project area) or areas with special management (i.e. Wilderness Study Areas), additional restrictions may apply. It is the responsibility of the contractor to be able to accurately identify the target species in all phenological stages and to differentiate the target species from native, non-target plant species. Significant herbicide application to non-target, native plant species (spraying greater than 5% of the given plant population) whether intentional or out of ignorant negligence, will result in suspension of the contract and review by the CO. The review may result in the contractor facing civil and criminal penalties for spraying non-target, native plant species outlined in § 4140.1 Acts prohibited on public lands.

6.7 Hazardous Materials and Solid Waste:

a. If in connection with the operation under this contract, the Contractor, or their employees discover, encounter, or become aware of any hazardous materials or solid waste in the project area, such as closed glass or plastic containers, barrels, household garbage, or chemical spills, the Contractor shall immediately suspend all operation in the vicinity of the hazardous material or solid waste and shall notify the CO of the findings. Operations will resume at the discovery site upon receipt of written instructions. No objects of hazardous material or solid waste shall be removed from the project area.

b. Dumping of waste material at any time during the commission of work under this contract on Federal lands, is a violation of Federal law (43CFR 8365.1-1 (b) (1) and (4)). Any refuse, debris, or garbage generated by the Contractor shall be removed daily and disposed of legally off-site. Final payment will be withheld until all refuse, debris or garbage generated by the Contractor is removed.

6.8 Sprayer Clean up: Shall be conducted according to the label instructions. Avoiding contamination of the work site is the responsibility of the Contractor.

6.9 Field Quality Control:

a. Tests for Uniformity: The Government representative may make tests to determine the uniformity of herbicide application.

b. Tests for Rate of Application: The rate of spraying may be determined from test applications and strip tests made prior to the commencement of spraying operations to establish the setting of the distribution mechanism. The Contractor may be requested at any time to show that his equipment is calibrated correctly by the COR/PI.

c. The COR/PI will monitor to determine the uniformity of herbicide application. Randomly placed drift cards will be utilized. If less than 75% of drift cards show herbicide coverage at the recommended coverage rate for preemergent herbicides listed in section 6.14 Specific Tasks of 20-30 droplets/cm2 (droplets/centimeter squared), the contractor will be required to retreat those areas at no additional cost to the U. S. Government.

d. The U. S. Government reserves the right to stop treatment operations at any time when conditions are considered sufficiently unfavorable to warrant stoppage. Stoppage shall continue until operations are again authorized by the U. S. Government. No monetary compensation will be given to the Contractor for work suspensions.

e. The COR and/or PI will be appointed by the Contracting Officer. Such COR/PI will be responsible for giving the contractor any special instructions or guidance necessary to complete delivery as required by the contract. The COR or PI does not have the authority to modify or in any way amend the terms of this contract.

6.10 Work stoppages: The U. S. Government reserves the right to stop treatment operations at any time when conditions are considered sufficiently unfavorable to warrant stoppage. Stoppage shall continue until operations are again authorized by the U. S. Government. The Contractor agrees to work diligently to complete the application of the herbicide.

6.11 Termination for convenience of the Government: Because of the nature of the work, the Contracting Officer may, by written notice to the Contractor, terminate this contract, in whole or in part, when it is in the best interest of the Government. To the extent that this contract is so terminated, the Government shall be liable only for payment in accordance with the payment provisions of this contract for work satisfactorily completed prior to the effective date of termination.

6.12 Completion of contract: The Contract will be considered complete and payment due when all areas furnished to the Contractor by the Government have been sprayed to the standards specified above and all tracklog GPS data and PAR’s have been provided to the Government.

6.13 Risk damages: The Contractor shall assume all risks in connection with the performance of the contract and shall be liable for any damages to persons or property in connection with the prosecution of the work, including the applicator or other employees of the Contractor.

6.14 SPECIFIC TASKS:

1. The Contractor shall provide a completed Pesticide Application Record (PAR) for the treated site (see attachment 3). At a minimum, one PAR per day must be completed each day herbicide is applied. Each PAR will match the corresponding project log data. The contractor must, upon request by the Contracting Officers Representative (COR) or Project Inspector (PI), be able to supply PARs for review at any time during the contract. The Contractor shall submit final PARs no later than 1 week after applying the herbicide specified in this contract.

2. An ESRI ArcGIS shapefile/project log containing treated areas is required daily. The shapefile will be in Universal Transverse Mercator (UTM) Zone 11 datum NAD83. Contact information (i.e., email and phone number) for whom the Contractor will provide project log data will be given to the Contractor during the Pre-Work Conference.

3. Herbicide will be applied utilizing water as a carrier, and applied at an average minimum rate of 20-30 droplets/cm2.

4. All roads (public and private) damaged or opened by the Contractor shall be restored at no cost to the U. S. Government to their condition before commencement of work.

5. Adhere to minimization and mitigation measures established by DOI-BLMNV-2010- 2019-0053-EA Decision Record and BLM PUP NVS000-23-001-P as applicable, see attachments.

6. The Contractor will be responsible for managing public access to the project areas during treatment activities (i.e., signage). It is the responsibility of the contractor to ensure public safety within the project area and prevent impacts to non-project land (i.e. nearby private property).

7. If sensitive, endangered, or threatened species (plant or animal) are discovered within the treatment area the contractor is to immediately notify the COR. The project area is within the designated critical habitat for the desert tortoise. Herbicide application will only be considered during the desert tortoise inactive season (November 15-February 28). The U.S. Government may issue a suspend work and/or partially terminate any portion of the work due to discoveries of sensitive, threatened, endangered species or archeological sites during contract operations.

8. The U.S. Government may issue a suspend work order and/or partially terminate any portion of the work at any time when application conditions are considered sufficiently unfavorable to warrant stoppage. Stoppage shall continue until application operations are again authorized by the U. S. Government. No monetary compensation will be issued to the contractor for work suspensions.

9. Whenever a specification: Agency, State or Federal law; or label direction has a contradiction, the most stringent interpretation shall take precedence.

10. Herbicide shall not be applied within 100 feet (31 meters) of water sources (troughs, ponds, open water). Upland areas are any non-riparian areas throughout the district and are at least 656 feet (200 meters) away from standing water. The Contractor is expected to apply the herbicide consistent with the maps and shapefiles provided by the BLM.

11. Eye-level wind velocities for chemical applications of herbicides must not exceed limits listed on page B-9 of attachment 5. BLM Standard Operating Procedures and Mitigation Measures for Applying Herbicides – Appendix B at the application site. The contractor is responsible for checking site conditions at the project area using a device that provides quantitative data that is not subjective (for example a Kestrel) and will provide a record of site conditions containing date, time, and condition information for each active application period bi-hourly at a minimum.

12. Liquid application shall not be made during a rainstorm, snowstorm, or when the ground is frozen. It is preferable for the application to be made prior to a light precipitation event, application should be avoided just prior to a predicted heavy or severe precipitation event with a high probability of flash flooding where the applied product would be washed away and not percolated into the soil, limiting its effectiveness.

13. The Contractor is responsible for the identification and avoidance of any ground and aerial hazards.

14. Spray strips shall be patterned in such a manner as to secure as high uniformity of herbicide distribution as possible.

7.0 MEASUREMENT AND PAYMENT:

7.1 Method of Measurement:

a. Units: Units will be measured and paid for by the completion of the treatment area specified by the Government, up to the acre limit identified of 3,000 acres.

b. Measurement: Measurement of payment for treatment will be the actual area, in acres, within the designated boundaries satisfactorily sprayed in conformance with these specifications. Measurement will be based on the tracklogs created by the Contractor and verified by physical surveys completed by the Government. All measurements will be computed on a horizontal plane utilizing ESRI software.

c. Remeasurement: Remeasurement of the acreage under this contract will be made upon the written request of the Contractor. The request for remeasurement must be made in writing within 10 calendar days after completion of the work. If the remeasurement indicates a difference of not more than 5% from the original measurement, the Contractor shall pay the actual cost of the remeasurement. Payments will be based on the second measurement where the difference between measurements is more than 5%. Where the difference is less than 5%, the results of the first measurement will be used.

7.2 Basis of Payment: Payment will be made at the price per specified bid for the herbicide application treatment of 3,000 acres and shall include the cost of all work described in this section, Section 5.0, Section 6.14 Specific Tasks, and all other requirements of this contract. Payment shall be conducted in accordance with Section 10.0 Invoicing.

8.0 SAFETY & SECURITY:

8.1 Transportation of herbicides: The Contractor shall be responsible for the transport of chemicals (herbicide and adjuvants) used to fulfill the specifications of this contract to the Contractor’s loading site. The Contractor shall secure chemical containers in the mixing area to prevent spillage. The Contractor shall load and transport chemicals from the pickup point to the work sites and shall be responsible for their protection from loss or damage due to weather, rodents, insects, theft, or any other hazard.

8.2 Protective clothing and equipment for contract employees exposed to herbicides: The Contractor shall supply protective clothing and equipment to contract workers that guarantee minimal exposure throughout the herbicide application process. The Contractor shall follow protective clothing and equipment that appears on the herbicide label and/or SDS documentation. The Contractor shall make available cleanup facilities to contract employees exposed to herbicides or herbicide-contaminated equipment.

8.3 Storage: The Contractor will be responsible for the storage of all chemicals.

8.4 Mixing and application of herbicides:

a. The Contractor shall mix herbicides in accordance with the proportions listed on the product labels and all applicable regulations relating to the fulfillment of this contract. The Contractor shall provide adequate protective clothing and equipment for contract employees who mix the herbicides.

b. By law, the application of an herbicide, either directly or through drift, must not expose workers or other people. The Contractor shall be very aware and cautious of any environmental hazard present during herbicide application. Upon completion of herbicide application, the Contractor shall thoroughly clean equipment and dispose of waters, residues, rinses, and unused herbicides only according to herbicide label and EPA and Nevada State regulations. All empty herbicide containers will be tripled rinsed, labels removed, and punctured by the Contractor after mixing. The Contractor shall be responsible for the disposal or recycling of the empty boxes, empty containers, labels, and lids.

8.5 Spills and accidents:

a. The Contractor will have a spill cleanup kit available wherever pesticides are used, transported, or stored. A Spill Containment Kit shall be of sufficient size to contain 10% more herbicide than they have on-site plus additional items such as absorbent material, shovel, garbage bags with ties and labels, paper towels, hose clamps, duct tape, and hand tools sufficient to stop the leak and contain the spill.

b. The Contractor shall be responsible if accidents and chemical spills occur. The Contractor shall report immediately, no later than 12 hours of occurrence, spills, and accidents to the BLM authorized officers and appropriate local authorities. The Contractor shall provide immediate treatment of contaminated or injured persons and seek professional medical attention when necessary. The Contractor shall control chemical spills quickly and shall secure additional help when the Contractor cannot effectively or safely handle the spill cleanup. Spills will be the responsibility of the Contractor and shall be cleaned up to the satisfaction of the local authorities.

8.6 Safety Plan:

a. The contractor is responsible for providing a safety plan that identifies a point of contact in the event of an accident. The plan should include names and emergency phone numbers for personnel and facilities to contact, including Flight For Life/Life Flight/Care Flight, etc., in case an emergency warrants such actions. The plan should also include a description of on-site emergency procedures to follow in case of an accident. The plan should identify the insurance company providing coverage and the pertinent group coverage number.

b. It is the responsibility of the Contractor to identify all hazards within the work area. The Contractor shall take all appropriate precautions. The Contractor shall be responsible if chemical spills occur. The Contractor shall report spills and accidents immediately to the BLM-authorized officers and appropriate local authorities. The Contractor shall provide immediate treatment of contaminated or injured persons and seek professional medical attention when necessary. The Contractor shall control chemical spills quickly and shall secure additional help when the Contractor cannot effectively or safely handle the spill cleanup. Spills will be the responsibility of the Contractor and shall be cleaned up to the satisfaction of the local authorities.

8.7 Any hazards that would pose a danger to the contractor’s personnel or operating equipment shall be identified and mitigated by the contractor prior to commencing operations.

8.8 The contractor may leave its equipment at the work site; however, the contractor shall be responsible for the equipment if it is lost, stolen, vandalized, or damaged. The contractor is advised that vandalism of equipment may be anticipated in all areas of operation. Therefore, it is suggested that a watchman service for equipment security be provided during all periods of no activity on the project, to including overnight, regardless of location.

8.9 Hazards: Hazards such as the presence of power lines or anemometer towers on the work sites and military operations area (MOA) or restricted flight areas on or near the work sites are the responsibility of the contractor. The contractor shall be responsible for making arrangements with the appropriate military personnel to get permission to operate within a restricted area or MOA.

8.10 Operations within Military Airspace: If an “End Product” purchase order project is being conducted within Military Airspace/Range (MOA, RA, MTR) it is the responsibility of the contractor to coordinate with the Military Airspace Scheduling Office/Range Control. Agency staff may inform the contractor of any DOI agreements with Military organizations regarding airspace coordination and may contact the Scheduling Office/Range Control to alert them of the project and general time frames of operations and to provide them with contractor contact information.

9.0 ATTACHMENTS:

1. Location Maps

2. Herbicides and Adjuvants List

3. PAR Template

4. PAR Example

5. BLM Standard Operating Procedures and Mitigation Measures for Applying Herbicides – Appendix B

6. DOI Operational Procedures Memorandum (OPM)-35 – Identification of End Product/Service Procurement versus Flight Service Procurement

7. DOI Covered UAS Assessment Guide v4.0

11.0 UNMANNED AIRCRAFT SYSTEMS:

11.1 Aviation Utilization: If Unmanned Aircraft Systems (UAS) will be utilized please describe the equipment to be used, compliant with OPM-35 and DOI Covered UAS assessment Guide version 4.0 (see attached).

12.0 PERIOD OF PERFORMANCE:

The period of performance will be from the time of award through 03/31/2025. Short performance windows may be required. The period of performance will not extend beyond 03/31/2025.

GLOSSARY

ACTIVE INGREDIENT: The ingredient(s) in an herbicide formulation that controls the pest (i.e. noxious weed species). For example, picloram, clopyralid, 2,4-D, etc.

ADJUVANT: An inert material added to an herbicide formulation or tank mix to increase the effectiveness of the active ingredient. Examples include surfactants and drift control agents.

CHEMICAL (HERBICIDE) TREATMENTS: Application by Commercial Pesticide Operator/Applicator, licensed by State Department of Agriculture (with Agriculture Herbicide Category), of BLM-approved herbicides (Attachment 1 Herbicides and Adjuvants) to forbs, grasses or woody plants, as designated by the BLM, using industry-standard application equipment.

CONTRACTING OFFICER (CO)/CONTRACT OFFICER REPRESETATIVE

(COR)/PROJECT INSPECTOR (PI): May be several individuals designated by the BLM to provide oversight on the project work. All CO/COR/PI will be identified by the Government prior to initiation of treatment.

CONTRACTING OFFICER REPRESENTATIVE (COR): The COR is responsible for the technical administration of the purchase order and shall ensure proper Government surveillance of the contractor’s performance.

DRIFT: The movement of chemicals off-site of the initial application area; includes two types: vapor and particle drift. Vapor drift occurs when pesticide surface residues change from solids or liquids to gases or vapors after the application of a pesticide has occurred. This process is called volatilization. Once airborne, volatile pesticides can move long distances from the site of application. Particle drift is made up of small pesticide spray droplets or dust carried by air movement from the target area during application.

EMERGENCE: The act of a germinating seedling breaking…