A04_SOW.docx

STATEMENT OF WORK

HERBICIDE TREATMENT MORMAN MESA HABITAT PROTECTION

BLM, SOUTHERN NEVADA

BROADCAST SPRAY HERBICIDE TREATMENT OF INVASIVE PLANTS BUREAU OF LAND MANAGEMENT (BLM) Item 001 The Bureau of Land Management (BLM) is acquiring vegetation treatment services located in and adjacent to the Morman Mesa Area of Critical Environmental Concern (ACEC) which is administered by the Southern Nevada BLM District Office. The work consists of applying a pre-emergent herbicide fuel break in a select location on BLM - administered lands for the control of invasive annual grass such as red brome (Bromus rubens) and cheatgrass (Bromus tectorum). Ground-based application will not be permitted due to the potential to cause an additional ground disturbance, the likelihood of spreading weeds, impacts to designated critical desert tortoise habitat (Gopherus agassizii), and impacts to cultural resources that are susceptible to damage by overland travel. Mormon Mesa ACEC is a designated desert tortoise critical habitat unit (150,488 acres). Combustible invasive plant species are expanding into this unit. Invaders include red brome, Sahara mustard and Schismus. The Mojave Desert tortoise is not fire-adapted and the expansion of invasive combustible vegetation is threatening the recovery of the species. The area also contains important interstate utility corridors and infrastructure. The project seeks to protect and enhance critical habitat by reducing hazardous fuels and controlling weeds. The project area is located North and South of Interstate 15 for a total of 5060 acres. The location of work is approximately 1-20 miles North and East of Moapa, Nevada. The project area is depicted on the Location and Vicinity Maps.

1.0 SCOPE

1.1 Description of Work –The contractor shall apply herbicides and adjuvants to achieve maximum control of target species, with minimal damage to non- target vegetation. The contractor shall provide all personnel, necessary management, supervision, parts, labor, materials, supplies and equipment to complete the requirements in this Statement of Work (SOW). The contractor shall be responsible for mobilization, demobilization, and cleanup.

1.2 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. The application method to be used 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.

2.0 ATTACHMENTS

Attachment 1: Chemical Pest Control Attachment 2: Purchase Order Map Attachment 3: BLM Standard Operating Procedures and Mitigation Measures for Applying Herbicides Attachment 4: Pesticide Application Record (PAR) Sample Attachment 5: “Covered UAS” Assessment guide Attachment 6: DOI Operational Procedures Memorandum (OPM) - 35

3.0 APPLICABLE DOCUMENTS AND REGULATIONS

3.1 Application of herbicides shall be in accordance with all applicable Federal, State and Local Regulations.

3.2 All herbicide treatments shall be conducted following herbicide label directions, Attachment 3 BLM Standard Operating Procedures and Mitigation Measures for Applying Herbicides, Approved BLM Pesticide Use Proposal (PUP), and all other policies and guidelines pertaining to their use. Apply herbicides in favorable weather conditions to minimize drift. For example, do not treat when winds exceed limitations, rainfall is imminent or as specified on the label. The Government will provide the PUP to the contractor within one week of application at a pre-work meeting to be coordinated with the Project Inspector (PI) and or Contracting Officer’s Representative (COR). All herbicides and adjuvants used at the time of application must be listed on the approved project PUP.

3.3 The Contractor shall hold a current Nevada Commercial Applicator License for the application of pesticides in the weed control category appropriate for the application type. Proof of licensing shall be provided with the quote package. 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, and all applicable federal, state, and local regulations.

3.4 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.

4.0 DEFINITIONS

4.1 Shapefile - A shapefile is a digital data storage format for storing the location, shape, and attributes of geographic features for mapping purposes commonly used in ArcGIS software.

4.2 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.

4.3 Pesticide Application Record (PAR) - A legally required record of herbicide application that is filled out within 24 hours of treatment. It includes details of the application including the herbicide, rate, quantity was used, target species, dates and times of application, names of applicators, and meteorological data, etc., (See Attachment 4 Pesticide Application Record sample).

4.4 Pesticide Use Proposal (PUP) - A BLM document that summarizes the intentions of the herbicide application including targeted species, allowable herbicide rates, sensitive resources, project design features and mitigation measures for proposed projects.

4.5 Universal Transverse Mercator (UTM) - A mapping coordinate grid system based upon one of many different mapping projections. The BLM in Nevada & Arizona use the projected coordinate system UTM, Datum NAD 1983 (Conus), Zone 10 or 11. The data is displayed in meters easting and northing.

4.6 Project Inspector (PI) - This is the subject matter expert in charge of formulating the technical requirements, who coordinates and advises the COR on technical matters.

4.7 Contracting Officer Representative (COR) - The COR is responsible for technical administration of the purchase order and shall assure proper Government surveillance of the contractor’s performance.

5.0 TECHNICAL REQUIREMENTS

5.1 Timing of Work- Timing of field work shall take into consideration potential target species, elevation, seasonal climate, aspect, and habitat of each project area. The contractor shall treat as many of the target plants at a given location as possible, by timing visits during the stage of plant phenological development that ensures emergence and visibility of the maximum number of plants that might be expected for that year’s treatment. In addition, the contractor shall ensure timing/phenology for treatment as directed by the product labels, to achieve maximum control over the targeted species and minimal non-target damage. The period of performance begins on the date of award to Feb 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.

5.2 Access to Project Areas- For this purchase order, roughly ½ of the project will have access reasonably close that are passable by trucks needed for mixing and loading herbicide for large scale application projects (less than 3 miles). Other areas will require longer travel/ferry from mix/load operations. Some of the roads are improved graveled roads; however, many of the roads will be improved dirt roads or two-track range roads. BLM will likely only have one staff member available to oversee and monitor the compliance of the spraying projects. 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.

5.3 Pre-Work Meeting -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. 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.

5.4 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 Project Inspectors 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 selection of narrowband analog (12.5kHz) or narrowband digital (12.5kHz) operation on a minimum of 100 channels.]

5.5 Digital GPS navigation unit shall ensure straight and regular application paths. Irregular paths will result in an immediate stoppage of work. Corrective action shall be taken immediately by the contractor to ensure evenly spaced, straight, and regular paths and complete coverage of areas included in the spraying activity. The entire surface within the designated boundaries of the project area shall receive uniform coverage with herbicide except for areas excluded by the U. S.

Government. Areas excluded from the herbicide operation within the designated boundaries, will not be included in the acreage computed for payment. Dispersal methods must be able to obtain proper distribution and uniform coverage of herbicide.

5.6 Application

5.6.1 The applicator shall use industry standard applications techniques. The applicator shall have the ability to uniformly deliver the designated gallons per acre (as stated in the purchase order) with a Boom/Nozzle configuration (including controlled pressure and nozzle orientation) that will provide a controlled droplet application.

5.6.2 The contractor shall apply herbicide as stated in the approved BLM PUP, minimizing over-spray and under spray within designated boundaries. The contractor shall adjust application techniques to account for topographical features. Much of the BLM has rugged, roadless terrain, broken by box canyons, narrow valleys, steep treacherous slopes, rocky rims and juniper woodlands. The contractor shall control the spray pattern and safely and evenly apply over uneven terrain, contouring at consistent application heights and speed. The contractor shall be able to perform these services on fine scale detailed projects for sensitive projects close to water or other sensitive areas.

5.6.3 The entire surface within the designated boundaries of the job area shall receive uniform coverage with the herbicide mixture except for such areas as may be excluded by the Government, including streams and other sensitive sites. Areas excluded from spraying operations within the work site boundaries shall not be included in the acreage computed for payment. Spray strips shall be distributed in such a manner as to secure a high uniformity of herbicide distribution.

5.6.4 The Government may require, at any time, that the contractor perform a demonstration that the application equipment is calibrated and will evenly distribute the designated spray at rates specified in the PUP. Checks may be achieved through a pattern test, or use of water sensitive cards at the project site. Where skips or obvious insufficient applications resulting in sublethal target species death, i.e. striping, are documented to be >0.5% of the project area as determined from flight data or during on the ground inspections by the COR/PI, retreatment of the insufficiently treated area will be required at no extra cost (for labor and herbicides) to the Government.

5.6.5 The Government reserves the right to withhold up to 10% of the purchase order application price until inspection and acceptance of the efficacy of treatment can be performed, which may occur several months after tasking has been completed. In this case, the period of performance of the purchase order would encompass the period of the herbicide treatment plus the time until inspection of the treatment efficacy can be performed, usually several months later. The contractor shall invoice for 90% of the purchase order value upon completion of tasking. Upon inspection and acceptance of the treatment efficacy at the completion of the period of performance of the purchase order, the contractor shall then submit the final invoice for the remaining unpaid balance.

5.6.6 Accuracy in application is of the utmost importance. Requirements will likely include fine scale detailed work close to cultural sites or other sensitive areas. Contractors shall perform applications with precision in accordance with the coordinates and mapping information provided by the Government. Additional buffer strips may be designated by the Government, as a means to protect other sensitive areas.

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

5.6.8 The Government will provide unit boundaries to the contractor in the form of shapefiles created in ArcGIS.

5.5.9 Daily PARs, referenced in Section 9 Deliverables, shall be accompanied by detailed maps (both paper and electronic) showing track lines, including daily printouts and files from the previous day. Electronic files of treatments shall be compatible with ArcGIS. A required template for the PAR will be provided by the requisite BLM field office. A sample of a PAR is provided for reference only as Attachment 4 to this SOW.

5.6.10 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.

5.6.11 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. Contractor is expected to apply the herbicide consistent with the maps and shapefiles provided by the BLM.

5.6.12 Liquid application shall not be made during a rainstorm, snowstorm, or when the ground is frozen.

5.7 Notification Requirements

5.7.1 The contractor shall provide the Government with at least 48 hours’ notice before commencement of tasking on a purchase order.

5.7.2 The contractor shall immediately notify the PI and or COR of any spills, leaks, incidents, or accidents as quickly as possible, no later than within 24 hours of occurrence.

6.0 CONTRACTOR QUALIFICATIONS

6.1 The contractor shall provide experienced and qualified staff to perform all applications to apply herbicides and adhere to minimization and mitigation measures established by DOI-BLM-NV-2010-2019-0053-EA Decision Record as applicable.

6.2 The contractor shall demonstrate leadership and collaborative skills in directing pesticide applications at all times during the performance of this purchase order.

6.3 The contractor’s company shall hold and maintain a current Commercial Pesticide Applicator License for the relevant state where the work is to be performed for the duration of the contact.

6.4 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 PUPs.

6.5 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.

6.6 If the status of any of the licenses in this SOW changes at any time due to suspensions, the contractor shall contact the PI and or Contracting Officer immediately.

6.7 The offeror’s key personnel shall include a minimum of, one (1) purchase order manager, one (1) experienced and licensed applicator and one (1) qualified mixing and loading person, including but not limited to mechanics, truck drivers, pesticide mixers and loaders. All key personnel shall be able to successfully perform the requirements of this SOW.

6.8 The contractor shall be able to perform a minimum production rate of 1,000 acres sprayed per day (Use 2 or more gallons of water per acre). The actual minimum spray volume per acre is determined by the spray equipment used. Use adequate spray volume to provide accurate and uniform distribution of spray particles over the treated area and to avoid spray drift). Herbicide will be applied utilizing water as a carrier, with no less than two gallons/acre of tank- mix applied.

6.9 The contractor shall be able to receive the BLM provided digital data (ArcGIS shapefiles) and use it accordingly to provide accurate track logs of work completed.

6.10 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.

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

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

7.0 CONTRACTOR FURNISHED ITEMS

7.1 The contractor shall provide all labor, transportation, tools, and equipment necessary to perform the requirements of this purchase order. This includes the transportation of water to the project site for application. The contractor should be aware water sources may be long distances away from treatment or loading sites. The contractor shall be responsible for obtaining reliable water sources for each project. The contractor shall furnish the necessary qualified mechanics for maintenance of equipment and shall furnish all materials (fuel, etc.) and service required for operations of equipment and vehicles.

7.2 Application Equipment- Industry standard application equipment shall be used. The equipment shall be equipped with nozzles that produce a coarse spray to minimize drift and achieve uniform coverage. Equipment designed to minimize drift and/or a drift control agent may be added at the recommended label rate but must be approved by the PI or COR prior to use. The contractor shall use high flow rate nozzles to apply the highest practical spray volume and the lower spray pressures recommended for the nozzle. When higher flow rates are needed, the contractor shall use higher flow rate nozzles instead of increasing pressure. The contractor shall use the minimum number of nozzles that provide uniform coverage. The contractor shall use a nozzle type that is designed for the intended application. The contractor shall minimize drift as practicably as possible. The contractor shall not use nozzles producing a mist droplet spray.

7.3 The contractor shall ensure equipment is maintained in optimal condition at all times to ensure there are no delays in completing the purchase order requirements.

7.4 Approved Herbicides and Adjuvants:

The prescribed herbicides will have the following EPA registration numbers and are approved for use on BLM lands:

a. For Imazapic, Plateau 241-365 or Panoramic 2SL 66222-141-81927. Rate: 6 Fluid ounces/acre (must be equivalent to 0.141 lbs. active ingredient/ acre). Contractor must comply with the product label during use, application, and storage as required by BLM Appendix B, Herbicide Treatment Standard Operating Procedures (attached).

7.5 Mixing/Loading Facilities - The contractor shall provide such mixing/loading facilities as may be required for competent performance of purchase order. Use of any loading area shall be arranged by and at the discretion and risk of the contractor. The Government shall not be held responsible for any loss, mishap, or accident due to conditions of any loading facility used. Any applicable fee 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 PI or COR. The contractor shall obtain permission from the state/county if roads will be utilized as mixing/loading sites. The contractor shall provide appropriate warning signs for traffic if roads are used as mixing/loading sites.

7.6 The contractor shall be able to perform applications using the most appropriate application equipment to competently and satisfactorily complete each purchase order (PO) according to individual specifications of the PO.

7.7 Herbicide(s) and adjuvant(s) - The contractor shall provide the herbicide and adjuvants for the projects.

8.0 GOVERNMENT-SUPPLIED MATERIAL

8.1 The Government will furnish GPS coordinate data in the form of ArcGIS shapefile of the unit boundaries and work location maps.

8.2 The Government will provide the approved PUP for the contractor to follow at the prework meeting.

9.0 DELIVERABLES

10.0 INVOICING

10.1 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

10.2 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 Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

10.3 The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

10.4 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.

11.0 SECURITY AND SAFETY

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

11.2 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 include overnight, regardless of location.

11.3 Hazards - Hazards such as the presence of power lines or anemometer towers on the work sites and military operations area (MOA) or restricted 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 MOAs.

11.4 Operations within Military Airspace- If an “End Product” purchase order project is being conducted within Military Airspace (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 coordination procedures 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.

11.5 Aviation Utilization- If UAS will be utilized (i.e. Unmanned Aircraft Systems) 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 time of award through 2/28/2025. Short performance windows may be required. The PO will not extend beyond 2/28/2025.

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