offerors reference copy.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 54

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

AG-03R6-S-08-0120

DATE

7/17/2008

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION Dale Reckley calls) 406-329-3756 LOCAL TIME

INFORMATION CALL: 8/7/2008 @ 4:00 p.m.

9. ISSUED BY CODE 10. THIS ACQUISITON IS

USDA – Forest Service UNRESTRICTED OR SET ASIDE: 100 % FOR

Western Montana Acquisition Zone SMALL BUSINESS EMERGING SMALL

BUSINESS

Building 24, Fort Missoula Missoula, MT 59804

HUBZONE SMALL

NAICS: 926140 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: None OWNED SMALL BUSINESS 13b. RATING 11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

See Delivery Schedule

16. ADMINISTERED BY CODE

Same as Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DUNS NO: __________________

18a. PAYMENT WILL BE MADE BY CODE

Submit invoice to COR for the work performed. Invoice will be reviewed and approved or rejected by the COR within 7 days of receipt of the invoice. Rejected invoices must be corrected and resubmitted. COR will forward the approved invoice to the CO who will submit to:

USDA, OCFO, COD, APB

P.O. Box 60075 New Orleans, LA 70160

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Herbicide Application on the Lolo National Forest

PLEASE PLACE YOUR QUOTE IN SECTION B –

SCHEDULE OF ITEMS

Return the signed SF 1449, pages 3-8 with prices, and the attached Experience Questionnaire

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41 c. DATE

42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.3/2005) BACK

SECTION B - SERVICES AND PRICES

Base Year (2008 - 2009)

Item No.

Description Herbicide/Concentration

Application Price per acre

1 Truck herbicide application

Picloram @ 1 pt / acre

Picloram @ 1 qt / acre

Aminopyralid @ 5 oz /acre

Aminopyralid @ 7 oz / acre

Picloram @ 1 pt / acre and 2,4-D @ 1 qt / acre

Picloram @ 1 qt / acre and 2,4-D @ 1 qt / acre

Clopyralid @ 2/3 pt / acre

Chlorsulfuron @ 3oz / acre

Metsulfuron methyl @ 2 oz / acre

Chlorsulfuron @ 2 oz / acre and dicamba @ 1 pt / acre

Herbicide dye @ 16 oz / 100 gallons solution applied / acre

Surfactant (bid by product name and label rate / acre)

2 Backpack herbicide application

Picloram @ 1 pt / acre

Picloram @ 1 qt / acre

Aminopyralid @ 5 oz /acre

Aminopyralid @ 7 oz / acre

Picloram @ 1 pt / acre and 2,4-D @ 1 qt / acre

Picloram @ 1 qt / acre and 2,4-D @ 1 qt / acre

Clopyralid @ 2/3 pt / acre

Chlorsulfuron @ 3oz / acre

Metsulfuron methyl @ 2 oz / acre

Chlorsulfuron @ 2 oz / acre and dicamba @ 1 pt / acre

3 Horseback application

Picloram @ 1 pt / acre

Picloram @ 1 qt / acre

Aminopyralid @ 5 oz /acre

Aminopyralid @ 7 oz / acre

Picloram @ 1 pt / acre and 2,4-D @ 1 qt / acre

Picloram @ 1 qt / acre and 2,4-D @ 1 qt / acre

Clopyralid @ 2/3 pt / acre

Chlorsulfuron @ 3oz / acre

Metsulfuron methyl @ 2 oz / acre

Chlorsulfuron @ 2 oz / acre and dicamba @ 1 pt / acre

Herbicide dye @ 16 oz / 100 gallons solution applied / acre

Surfactant (bid by product name and label rate / acre)

4 ATV herbicide application

Picloram @ 1 pt / acre

Picloram @ 1 qt / acre

Aminopyralid @ 5 oz /acre

Aminopyralid @ 7 oz / acre

Picloram @ 1 pt / acre and 2,4-D @ 1 qt / acre

Picloram @ 1 qt / acre and 2,4-D @ 1 qt / acre

Clopyralid @ 2/3 pt / acre

Chlorsulfuron @ 3oz / acre

Metsulfuron methyl @ 2 oz / acre

Chlorsulfuron @ 2 oz / acre and dicamba @ 1 pt / acre

Option year 1 (2009 - 2010)

No.

Description Herbicide/Concentration

1 Truck herbicide application

Picloram @ 1 pt / acre

Picloram @ 1 qt / acre

Aminopyralid @ 5 oz /acre

Picloram @ 1 pt / acre and 2,4-D @ 1 qt / acre

Picloram @ 1 qt / acre and 2,4-D @ 1 qt / acre

Clopyralid @ 2/3 pt / acre

Chlorsulfuron @ 3oz / acre

Metsulfuron methyl @ 2 oz / acre

Chlorsulfuron @ 2 oz / acre and dicamba @ 1 pt / acre

Herbicide dye @ 16 oz / 100 gallons solution applied / acre

Surfactant (bid by product name and label rate / acre)

2 Backpack herbicide application

Picloram @ 1 pt / acre

Picloram @ 1 qt / acre

Aminopyralid @ 5 oz /acre

Aminopyralid @ 7 oz / acre

Picloram @ 1 pt / acre and 2,4-D @ 1 qt / acre

Picloram @ 1 qt / acre and 2,4-D @ 1 qt / acre

Clopyralid @ 2/3 pt / acre

Chlorsulfuron @ 3oz / acre

Metsulfuron methyl @ 2 oz / acre

Chlorsulfuron @ 2 oz / acre and dicamba @ 1 pt / acre

3 Horseback application

Picloram @ 1 pt / acre

Picloram @ 1 qt / acre

Aminopyralid @ 5 oz /acre

Aminopyralid @ 7 oz / acre

Picloram @ 1 pt / acre and 2,4-D @ 1 qt / acre

Picloram @ 1 qt / acre and 2,4-D @ 1 qt / acre

Clopyralid @ 2/3 pt / acre

Chlorsulfuron @ 3oz / acre

Metsulfuron methyl @ 2 oz / acre

Chlorsulfuron @ 2 oz / acre and dicamba @ 1 pt / acre

4 ATV herbicide application

Picloram @ 1 pt / acre

Picloram @ 1 qt / acre

Aminopyralid @ 5 oz /acre

Aminopyralid @ 7 oz / acre

Picloram @ 1 pt / acre and 2,4-D @ 1 qt / acre

Picloram @ 1 qt / acre and 2,4-D @ 1 qt / acre

Clopyralid @ 2/3 pt / acre

Chlorsulfuron @ 3oz / acre

Metsulfuron methyl @ 2 oz / acre

Chlorsulfuron @ 2 oz / acre and dicamba @ 1 pt / acre

Option year 2 (2010 - 2011)

No.

Description Herbicide/Concentration

1 Truck herbicide application

Picloram @ 1 pt / acre

Picloram @ 1 qt / acre

Aminopyralid @ 5 oz /acre

Aminopyralid @ 7 oz / acre

Picloram @ 1 pt / acre and 2,4-D @ 1 qt / acre

Picloram @ 1 qt / acre and 2,4-D @ 1 qt / acre

Clopyralid @ 2/3 pt / acre

Chlorsulfuron @ 3oz / acre

Metsulfuron methyl @ 2 oz / acre

Chlorsulfuron @ 2 oz / acre and dicamba @ 1 pt / acre

2 Backpack application

Picloram @ 1 pt / acre

Picloram @ 1 qt / acre

Aminopyralid @ 5 oz /acre

Picloram @ 1 pt / acre and 2,4-D @ 1 qt / acre

Picloram @ 1 qt / acre and 2,4-D @ 1 qt / acre

Clopyralid @ 2/3 pt / acre

Chlorsulfuron @ 3oz / acre

Metsulfuron methyl @ 2 oz / acre

Chlorsulfuron @ 2 oz / acre and dicamba @ 1 pt / acre

Herbicide dye @ 16 oz / 100 gallons solution applied / acre

Surfactant (bid by product name and label rate / acre)

3 Horseback herbicide application

Picloram @ 1 pt / acre

Picloram @ 1 qt / acre

Aminopyralid @ 5 oz /acre

Aminopyralid @ 7 oz / acre

Picloram @ 1 pt / acre and 2,4-D @ 1 qt / acre

Picloram @ 1 qt / acre and 2,4-D @ 1 qt / acre

Clopyralid @ 2/3 pt / acre

Chlorsulfuron @ 3oz / acre

Metsulfuron methyl @ 2 oz / acre

Chlorsulfuron @ 2 oz / acre and dicamba @ 1 pt / acre

4 ATV herbicide application

Picloram @ 1 pt / acre

Picloram @ 1 qt / acre

Aminopyralid @ 5 oz /acre

Aminopyralid @ 7 oz / acre

Picloram @ 1 pt / acre and 2,4-D @ 1 qt / acre

Picloram @ 1 qt / acre and 2,4-D @ 1 qt / acre

Clopyralid @ 2/3 pt / acre

Chlorsulfuron @ 3oz / acre

Metsulfuron methyl @ 2 oz / acre

Chlorsulfuron @ 2 oz / acre and dicamba @ 1 pt / acre

BASIS OF AWARD

Offer of award will be made to the Quoter whose quote, as determined by the Contracting Officer, is most advantageous to the Government, considering price and past performance. Offer of award may be made to other than low Quoter. The contractor shall submit Section B prices and the Experience Questionnaire as part of their quote. The quote may include any other information the contractor deems important to establish their ability to perform the work as described in the Scope of Work.

The Quoter with respect to any contract awarded as a result of this Request for Quotations, acknowledges to be a certified commercial pesticide applicator who is certified by the State of Montana, who shall perform work under the terms and conditions of such contract with the USDA Forest Service. Rights, responsibilities and liabilities are those of a commercial contractor and neither extend to, nor include, the rights, responsibilities, protection, liabilities or amenities afforded to Government employees hired under office of Personnel Management Regulations.

1.1 SCOPE OF WORK

HERBICIDE APPLICATIONS: The contractor will furnish all materials, chemicals, equipment, labor, supervision, transportation, operating supplies and incidentals necessary to safely apply herbicides that are registered in the state of Montana, using ground-operated spraying apparatus, in strict compliance with the herbicide labels. A variety of herbicides will be used as described in the above table.

Work to be performed by the contractor includes: a) providing, mixing and applying the specified herbicide to the target weed(s), and b) completing and submitting Forest Service provided application records (see page 24).

1.2 Description of Roads, Grassland (off-road) and Burned Timber (off-road) Weed Infestations

The roads scheduled for herbicide treatment on the LNF consist of both maintained and unmaintained gravel or dirt system roads on all five ranger districts of the Forest. Width of the road prisms vary but are typical of Forest roads in the area. Cut and fill slopes vary from slight to steep. There are numerous drainage crossings and road segments that parallel live and intermittent streams.

Some roads have restricted seasonal vehicle access or yearlong vehicle closures. The contractor will receive authorization to treat weeds behind these closures with vehicles as needed. The contractor may be asked to time treatment to avoid conflicts with other users in particular treatment areas.

On roads within the perimeters of recent wildfires, greater than average windthrow and deadfall may be encountered. Occasional down tree (3 or less / mile) removal will be the contractractors responsibility. Heavier accumulations of trees across the road will be the Forest Service responsibilty to remove.

Weed infestation levels vary from light to moderate to heavy in the treatment areas depending on aspect, elevation, canopy cover. Spotted knapweed is the most common weed on the LNF. Other target weed species that may be encountered and should be treated are listed in this contract (attached).

Weeds will be found on cut and fill slopes, along the road edge and, in the case of unmaintained roads, within the roadbed and centerline.

Grassland, fireline, trailside and burned area sites (off-road) identified for treatment contain light to heavy infestations. Burned areas will have varying degrees of dead standing timber. Blowdown density is variable. Terrain on the sites scheduled for treatment under this contract typically varies from 10% to 60% slopes.

1.3 Herbicide Treatment Standards

a. The contractor will treat all of the target species identified by the LNF Weed (attached Table 1.9) with the appropriate herbicide at prescribed rate. The Forest Service will identify which herbicide(s) to use on each site.

b. The 40 foot road side treatment area is an average distance. The contractor may encounter some road segments that require a wider spray width but most roads will require 20 foot of treatment or less on either side of a road. The contractor will encounter road segments where weeds are not continuous the acreage sprayed per mile of road is less than the 5 acre per mile.

c. At a minimum, 80% of the weeds treated and acreage claimed will show mortality or physical signs of herbicide treatment such as wilting, curling or discoloration. Contract inspections will allow sufficient time for target plants to exhibit herbicide effects.

d. Avoid broadcast herbicide application where target species occur only sporadically in a dominant cover of non-target plants. These micro sites may be spot treated.

e. Avoid spraying the upper foliage (upper 2/3) of tree and woody species.

f. Surfactants will be used as recommended by label direction or directed by the Forest Service. The choice of product is up to the Contractor, however its use is subject to prior approval by the Government.

g. Carrier: Water shall be used as a carrier.

h. Dye/Marker: A water-based dye or other approved color marking system will be used at the direction of the Forest Service to further identify target species and area that have been sprayed. Dye amount in the herbicide must be visible on the sprayed sites for a minimum of 24 hours after application.

i. Roadside treatments may require changing herbicide to meet the requirements and restrictions of the product labels, be effective on the weeds present, respond to different site conditions along the road and to minimize damage to non-target vegetation.

j. Only stainless steel or ceramic nozzles will be used.

k. Off-road treatment may be by ATV (or similar low psi vehicle), stock or backpack sprayer.

Treatment method will not create any new permanent wheeled tracks in the soil. Treatment activity and techniques will not contribute to measurable or noticeable erosion, extensive or intensive (localized) soil disturbance or long term physical damage to desirable vegetation.

l. Broadcast application is appropriate for dense continuous stands of targeted weeds. Intermittent and spot spraying will occur where target species densities are discontinuous and light to moderate.

1.4 Monitoring and Record Keeping Requirements for Herbicide Treatments

Federal and State laws require record keeping for all applications of pesticides on public lands. The Contractor shall provide complete, accurate, and detailed records throughout the duration of the contract and provide the Government with legible, readable copies of such records on Forest Service provided forms (attached).

a) Upon completion of each project or unit of work on the contract, and prior to or accompanying each invoice, the Contractor shall provide the Government with a summary of all applications on that invoice or project along with individual daily application records. At the end of each year, the Contractor will provide a summary of projects treated each year on the LNF including acres, herbicides, weeds species treated, application rate, application dates, miles treated, road or trail number, herbicide additives and Ranger District.

b) The Contractor is required to complete the LNF Record of Application Record for the areas treated and submit the original (or readable photocopy) to the LNF.

d) The Contractor will notify the COR within 48 hours of discovery and record GPS locations of all potential invader weed species (as identified on LNF weed list) encountered and submit these records to the COR at the end of each treatment season.

e) Daily weather records will be provided on the daily application records.

1.5 Certification and Personnel Requirements

The Contractor performing herbicide mixing or application operations under this contract must meet the State of Montana certification and application requirements for the use and application of Restricted Use herbicides and must hold a current Montana Commercial Pesticide Applicators License. Personnel employed by the Contractor must be briefed and trained in application and safety techniques. Personnel employed by the Contractor must be under the direct supervision of a licensed applicator at all times on the National Forest.

The contractor will show adequate proof of bonding and insurance coverage.

1.6 Safety Requirements and General Provisions

a. A pumping system shall be used to fill the spray mixing and spray application tanks that will avoid contamination of wells, springs, streams, lakes, and ponds used as a water source. The system shall be so constructed that a back flow from the mixing or application tanks will not be possible if the pump loses prime.

b. Herbicide pouring and mixing operations will not occur within 150 feet of any open water source.

c. When spraying on roads, warning signs shall be located on the road, in both directions so that citizens driving on the road are aware of the spray operations in progress. The signs shall alert traffic that personnel and equipment are working ahead along the road right-of-way. Hazard/warning lights are advised on the vehicles involved in the spraying operation.

d. Spray drift shall be avoided. Do not spray when winds exceed 10 miles per hour.

e. No spraying shall be done inside ditches containing water unless it is within the labeled use of the particular herbicide being used.

f. The Contractor shall be expected to take at least three (3) relative humidity readings on each day that herbicides are applied. The readings shall occur at the beginning of the day’s application, during the hottest time of day during application, and at the end of the day’s application. Spraying shall not occur when the relative humidity reading drops below 25%. The daily humidity readings shall be recorded on the daily application record.

g. Spraying shall not occur while it is raining or snowing. The Contractor shall take all reasonable precautions to avoid spraying if it appears that precipitation sufficient to wash herbicide(s) off target species or into open water may occur within 2 hours after herbicide application or as cautioned by the herbicide label.

h. The Contractor shall avoid applying herbicide on road segments where target species are scattered and light in density but where shrub and tree cover is relatively heavy. These avoidance sites may be discussed with the COR or Inspector.

i.Buffer strips may be designated by the Forest Service during operations to protect rare plants or water influenced areas. No spraying shall occur within these designated buffer strips.

j. The Contractor shall insure that containers or tanks used for herbicide application are not washed out within 150 feet of open water: springs, ditches, streams, ponds, or lakes. The contractor will follow all State, Federal and label regulations involving rinsing and washing procedures.

k. The Forest Service is not responsible for the safety of the Contractor nor any operators or assistants.

The Contractor shall provide and maintain work procedures which will safeguard the public and Government personnel, as well as the Contractor’s own personnel. The Contractor shall be expected to use reasonable safety procedures and equipment while operating on National Forest lands.

l. The Contractor and all application personnel are required to review, understand, and follow the herbicide label recommendations, requirements, precautions, and prohibitions.

m. The Contractor shall carry and have within easy access during all spraying operations, a label and MSDS for the herbicides being used.

n. The Contractor will remove all herbicide containers from the National Forest and dispose of them in accordance with all local, state and federal requirements.

o. Weed free areas will not be treated with herbicides.

p. A tight fitting and secure lid is mandatory on all spray tanks and herbicide containers.

q. Herbicides shall be transported daily to the project site as follows: Transport, as closely as possible, only the estimated quantity needed for that day’s work; transport concentrate containers only in a manner that will prevent spills; and transport herbicides and additives in a compartment that is isolated from food, clothing and safety equipment.

r. The contractor will inspect equipment daily for leaks and suspend operations until all leaks are repaired.

s. All equipment will be in good mechanical condition and will be inspected prior to work. The spray pattern, application rates and calibration shall be checked before beginning the job and at least once during the project or more frequently if deemed necessary by the Forest Service. Calibration calculations shall be provided to the Forest Service once at the start of the spring application season, once at the start of the fall application season, and as requested during the operating season.

t. Herbicide application operations will not occur when any one of the following conditions exist in a treatment area:

1. Wind velocity exceeds ten (10) miles per hour.

2. Relative Humidity readings are less than 25%.

3. Frost, snow, or ice covers target plants.

4. Emergency closures such as Fire Restrictions.

5. When in non-compliance with the contract provisions

u. The Lolo NF Spill Plan is found starting on page 15 of this package. Compliance with this plan is mandatory. All spray operations and herbicide transport vehicles will have standard adequate spill containment and cleanup materials and equipment. Operators will be trained in responding to and dealing with any spills of herbicide.

v. The contractor will keep spray rigs and equipment appearing neat, professional and organized. Dye stains on the rigs, tanks, and employee clothing will be kept to a minimum by regular cleaning. It is important during this project to project a professional image and to demonstrate that the herbicide applications are performed carefully, professionally and without spillage.

w. The contractor will be familiar with the list of environmental protection measures included in LNF Weed Mitigation Measures (see page 14). These measures outline the standard mitigation measures from the 2007 LNF Integrated Weed Management Record of Decision. A copy of the Record of Decision is available on request.

x. The contractor will apprise the COR or Inspector of the spray operation location plans on a weekly basis.

y. Roads popular with recreationists, outside of hunting season, will not be treated with herbicides on, Saturday, Sunday or holidays. These will be identified by the Forest Service in each project area.

z. Herbicide will not be applied at a pressure that exceeds 40 pounds per square inch (psi) at the nozzle.

1.7 Weeds to be treated:

Weeds on the Lolo NF

Scientific Name Common Name Potential invaders (currently absent)Potential invaders (currently absent)Potential invaders (currently absent)Potential invaders (currently absent)

Goal is to prevent and eradicate promptly if foundGoal is to prevent and eradicate promptly if foundGoal is to prevent and eradicate promptly if foundGoal is to prevent and eradicate promptly if found Bryonia alba White bryony Centaurea repens Russian knapweed Centaurea solstitalis Yellow starthistle Chondrilla juncea Rush skeletonweed Crupina vulgaris Common crupina Iris pseudacorus Yellowflag iris Isatis tinctoria Dyers woad Lythrum spp. Purple loostrife Polgonum cuspidatum Japanese Knotweed Tamarix spp. Salt cedar

NNNNew invadersew invadersew invadersew invaders

Goal is to eradicate small new infestations and reduce larger infestationsGoal is to eradicate small new infestations and reduce larger infestationsGoal is to eradicate small new infestations and reduce larger infestationsGoal is to eradicate small new infestations and reduce larger infestations Cardaria draba White top Centaurea diffusa Diffuse knapweed Echium vulgare Blue weed Hieracium aurantiacum Orange hawkweed Hieracium piloselloides / pratense/ et al Meadow/Yellow hawkweed complex Lepidium latifolium Perennial pepperweed Linaria vulgaris Common toadflax Ranunculus acris Tall buttercup Senecio jacobaea Tansy ragwort

Widespread WeedsWidespread WeedsWidespread WeedsWidespread Weeds

Goal is to contain inside infested area and reduce plant populatiGoal is to contain inside infested area and reduce plant populatiGoal is to contain inside infested area and reduce plant populatiGoal is to contain inside infested area and reduce plant populationsonsonsons Cardus nutans Musk thistle Centaurea maculosa Spotted knapweed Chrysanthemum leucanthemem Oxeye daisy Cirsium arvense Canada thistle Cynoglossum officinale Houndstongue Euphorbia esula Leafy spurge Hypericum perforatum St. Johnswort Linaria dalmatica Dalmatian toadflax Potentilla recta Sulfur cinquefoil Sisymbrium altissimum Tumble mustard Tanacetum vulgare Common tansy Verbascum spp. Mullein

In addition to the above, the following weeds were added to the Montana Noxious Weed list on March 27, 2008 and will be reported as potential invaders and treated if encountered:

Berteroa incana Hoary alyssum Butomus umbellatus Flowering Rush Cytisus scoparius Scotch broom Polygonum cuspidatum, sachalinense and polystachyum Japanese knotweed complex

1.8 The below environmental protections measure included in the 2007 LNF Weed Record of

Decision apply to and are made part of this contract.

1) Information learned from each project will be used to improve safety, resource protection, reduce human health risks and improve efficacy on subsequent projects.

2) All weed treatment activities will comply with state and local laws and agency guidelines.

3) Region 1 weed prevention practices (FSM 2080 referenced in 1.6 k. above will be applied to forest management activities. New weed prevention Best Management Practices will be implemented as they are developed.

4) Signs will be posted at access points to heavily used recreation areas and heavily used areas of the forest where herbicides are applied to let the general public, chemically sensitive people and others who may wish to avoid herbicides know the estimated date(s) of treatment, the herbicide to be used and a name and phone number of who to call for more information.

5) All application of herbicides will be performed by, or supervised by, a state licensed applicator following all current legal application procedures administered by the Montana Department of Agriculture.

6) All herbicides will be handled following the EPA label guidelines and other state and federal laws for storage, application, and disposal methods.

7) Mixing will take place at least 150’ from open water unless spill containment devices are readily available and an anti back siphoning device is used when drafting water.

8) Applicators will review stream and wetland areas to assure that herbicides will not be applied to open water.

9) Herbicides will be used to waters edge only when absolutely needed and provided the product label allows such use.

10) Herbicide applications near live water or in areas with shallow water tables will follow label directions.

11) Herbicide applicators will not initiate spraying when heavy rains are forecast that could cause offsite herbicide transport into sensitive resources such as streams.

12) Herbicides applicators will be familiar with and carry an Herbicide Emergency Spill Plan (attached) to reduce the risk and potential severity of an accidental spill. Herbicides applicators will also carry spill containment equipment.

13) All herbicide applications in riparian areas will be documented on the Mitigation Measure Certification form (attached) included as Appendix E to document protection of surface waters.

14) Herbicides will not be applied if snow or ice covers the target vegetation.

15) Spray equipment will be calibrated each season and recalibrated as needed during the spray season.

16) Low boom pressure (less than 40 pounds per square inch) will be used to reduce drift.

17) Drift reduction products will be used as needed near sensitive resources.

18) Ground-based herbicide application will occur only when wind speed is 10 mph or less.

19) Commercial contract applicators will present their Montana commercial pesticide applicators license at the beginning of work under this contract.

LNF Herbicide Spill Plan

EMERGENCY SPILL PLANNING

Herbicide spills, incidents and accidents are addressed Chapter 60 of Forest Service Handbook (FSH)

2109.14 Pesticide Use Management and Coordination Handbook. It is available for review at U.S.

Forest Service offices.

Hazardous Material is an umbrella term that includes herbicides and all other hazardous chemicals, hazardous wastes, hazardous substances and oil. A hazardous materials emergency or oil spill is defined as any release or threat of release of a hazardous substance or petroleum product that presents an imminent and substantial risk of injury to health or the environment.

Required Equipment

Spill response equipment will be available in the immediate vicinity of all herbicide application operations, on vehicles used to transport herbicides and / or where spills are most likely to occur.

Recommended spill kit contents include the following, however modifications to spill kits may be made to consider actual herbicides being used, site conditions and logistical considerations.

1. Neoprene gloves

2. Unvented goggles

3. Respirators / air filters

4. Rubber boots

5. Coveralls or rain suit

6. Flagging or engineers tape

7. Dust pan

8. Shop brush or broom

9. Polyethylene or plastic bags with ties or bucket(s)

10. Liquid detergent

11. Polyethylene or plastic tarp

12. Rope

13. Blank labels and pen

14. Fire extinguisher

15. 10-30 lbs absorbent or absorbent pads

16. Eye wash kit

17. Bleach

Material Safety Data Sheets and herbicide labels will be reviewed and carried with all personnel involved in the handling of herbicides.

Clean up of Herbicides

Minor Spills

1. Keep people away from spilled chemicals.

2. Rope off the area and flag it to warn people.

3. Do not leave unless someone is there to confine the spill and warn of the danger.

4. If the pesticide was spilled on anyone, wash it off immediately.

Confine the spill. If it starts to spread, dike it up with sand and soil or absorbents. Try to prevent the spilled material from reaching water. Absorbent material may be cat litter, absorbent pillows or pads, soil, sawdust, or absorbent clay to soak up the spill. If there is no danger to employees or the public, shovel or sweep contaminated material into a leak proof container for disposal. Consult Dispatch and the Forest Hazardous Materials Coordinator on method of transportation and disposal.

Do not hose down the area, because this spreads the herbicide. Always work carefully and do not hurry. Control access to the area until the spill is completely cleaned up.

Major Spills

The cleanup of a major spill may be too difficult for you to handle, or you may not be sure of what to

do. In either case, keep people away, give first aid if needed, and confine the spill. Then call Missoula Dispatch (829-7070) or Plains Dispatch (826-3061) or 911 for assistance. Chemtrec stands for Chemical Transportation Emergency Center, a public service of the Manufacturing Chemicals Association; its offices are located in Washington D.C. Chemtrec provides immediate advice for those at the scene of emergencies. Chemtrec operates 24 hours a day, seven days a week, to receive calls for emergency assistance. For help in herbicide emergencies involving spills, leaks, fire, or explosions, call toll-free 800-424-9300 day or night. This number is for emergencies only.

If a major pesticide spill occurs on a highway, ask 911 or Dispatch to contact the highway patrol or the sheriff for help. Do not leave until responsible help arrives.

The local Montana Department of Agriculture Pesticide Specialist is Sarah Holden, who can be reached at 329-1346.

Lolo National Forest Ecosystem Management System Environmental Emergency Plan

An Environmental Management System (EMS) was developed for the Forests and Grasslands of Region 1 that is compliant with the ISO 14001 International Standard. The intention of the EMS is to enable the Forests to identify important activities, products, and services with environmental interactions, and consistently provide environmental protection measures as well as achieve objectives for environmental performance. Element 4.4.7 of the ISO standards contains requirements for the creation of an EMS Emergency Preparedness and Response Plan.

Purpose This plan outlines procedures for emergency awareness, preparation, and response with the purpose of preventing, minimizing and/or mitigating environmental impacts. The procedures listed provide a framework for proper response to emergency situations that occur and may have environmental impacts. The EMS Emergency Preparedness and Response Plan should be synchronized with the procedures of the Forest emergency plan that is created to focus on human safety and health.

Scope This plan applies to emergency situations that could have significant environmental impacts to resources found on the Forests. Spills or discoveries of hazardous materials, and wildland fires are emergencies for which employees may lessen, mitigate, or prevent undesired environmental effects by taking prompt action as described in this plan.

The procedures outlined in this plan apply to activities conducted by Forest Service employees and volunteers, working for the Forests and Grasslands of Region One. Contractors and permittees follow emergency procedures as they are identified in the contract or permit, as appropriate.

EMERGENCY SPILLS/DISCOVERY DEFINITIONS:

Hazardous Material – An umbrella term that includes hazardous chemicals, hazardous wastes, hazardous substances and petroleum products.

Emergency Hazardous Material Spill Spills on Land: –For the purpose of this Emergency Response Plan, an emergency spill is defined as any release (spilling, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment) of a hazardous material or petroleum product in amounts greater than normal consumer quantities. For petroleum products, the emergency quantity is considered to be more than 25 gallons. For pesticide products, the emergency quantity is considered to be more than 5 gallons, concentrated or mixed.

Spills on water: - All chemical and petroleum product spills that have entered or threaten to enter water bodies are an emergency spill and must be reported. A sheen on water caused by a spill would constitute an emergency.

Discovery – Locating an unknown substance of either unknown origin or unknown quantities, or both.

Example 1: A container, pail, or drum containing an unknown substance.

Example 2: An assortment of mixed small containers, labeled or unlabeled, that appear to have been used in a METH Lab.

Roles and Responsibilities

The responsibility of the employee(s) in the field is limited to collecting appropriate information when encountering an Emergency Hazardous Material Spill or Discovery, as defined above, and relaying it to dispatch immediately. If an employee does not know the emergency amount, then s/he should report it to Dispatch. Following is a list of the information that should be collected, if possible (“SPILL/DISCOVERY INFORMATION FORM”). However, it is more important to maintain personal safety and report in a timely manner than to collect all information.

Hazardous material spills and discoveries must be reported immediately to the following Emergency Contacts:

STEP FIRST EMERGENCY CONTACT

BACK-UP EMERGENCY

CONTACT

(if first contact not available)

Step 1 Employee or Volunteer - Contact Forest Dispatch

Forest Dispatch Office:

• Missoula Interagency

Dispatch Center (East Zone): (406) 829-7070

• Plains Dispatch (West Zone): (406) 826-3061

911 Operator:

• Phone # 911

Step 2 Forest Dispatch Contact Forest Haz Mat Coordinator

Forest Haz Mat Coordinator:

• Bill Kelley work (406) 329-3759 Cell (406) 550-1488 Home (406) 543-2583

Regional Haz Mat Coordinator:

• Bob Kirkpatrick work (406) 329-3307 or

• Bob Wintergerst work (406) 329-3036

If not available, contact:

• Susan Colyer work (406) 329-3729 cell (406) 370-9898 home (406) 721-4329

Step 3 Forest Haz Mat Coordinator Initiate Notification and Clean-up

Determine extent of emergency and make notifications.

Clean Up Contractor/Individuals

• Bob Kirkpatrick work (329-3307) and either:

• MCS Environmental(406) 728-or

• Envirocon Inc (303) 215-0187

Clean Up Contractor/Individuals

• Bob Wintergerst work (406) 329-3036 and either:

• MCS Environmental (406) 728-or

• Envirocon Inc (303) 215-0187

SPILL INFORMATION AND REPORTING FORM

1. Name of individual reporting spill:

Phone number:

2. Date and time of: Release/Discovery:

Reported:

Duration of release:

3. Location: (Include state, county, route, milepost, etc)

4. Chemical name:

a. Chemical identification number

b. Other chemical data Note: for transportation related incidents, this information may be available from the driver, placards on the vehicle, and/or shipping paper.

5. Noted characteristics of release(e.g. smell, fumes, etc)

6. Known health risks

7. Appropriate precaution if known

8. Source and cause of release

9. Number and type of injuries

10. Potential threat to health and environment

11. Estimate of quantity released: ______________gallons Quantity reaching water: __________________gallons

Name of affected watercourse and distance to source of spill:

12. For transportation incident, name and address of carrier:

Railcar or truck number:

Response Actions and Precautions In addition to reporting an emergency spill to dispatch, employees should take the following actions and precautions.

Response Action:

Within limits, Forest Service employee(s) may provide necessary and immediate response actions until further direction is provided by the Forest Haz Mat Coordinator or Emergency Response personnel.

• Public warning and crowd control.

• Retrieval of appropriate information for reporting purposes.

• Additionally, and only after verification of the type of hazardous material involved and its associated hazards, a Forest Service employee(s) may take actions including:

i. Rescue of persons in imminent danger.

ii. Limited action to mitigate the consequences of the emergency, such as using a spill kit to contain a spill.

• Under no condition shall a Forest Service employee(s):

i. Place themselves or others in imminent danger.

ii. Perform or direct actions that will incur liability for the Forest Service.

If there is any question that the emergency may constitute a threat to personal safety, limit your response to public warning and reporting of the incident.

Precautions:

When approaching the scene of an accident involving any cargo, or other known or suspected hazardous materials emergency including oil spills:

• Approach incident from an upwind, uphill, upstream direction, if possible.

• Move and keep people away from the incident scene.

• Do not walk into or touch any spilled material.

• Avoid inhaling fumes, smoke, and vapors even if no hazardous materials are involved.

• Do not assume that gases or vapors are harmless because of lack of smell.

• Do not smoke, and remove all ignition sources.

NOTE: It is Forest Service policy NOT to use FS employees or equipment for "hands-on" cleanup of hazardous materials. Only trained personnel can contain spills within the limits of their training.

Corrective/Preventive Action Request Form

For any emergency spill or discovery, the Forest Haz Mat Coordinator fills out the Corrective/Preventive Action Request Form and submits it to the EMS Representative.

Annually at the Management Review, the Forest Leadership Team reviews the response procedures and determines suggestions for improvement.

Spill/Discovery Training and Preparedness

Training All employees will become aware of their responsibility to report hazardous materials spills during the annual EMS training.

Employees who either manage building facilities or transport or transfer hazardous materials or petroleum products will attend annual Spill Drill t raining.

Any operation that uses or transports fuel, oil, or pesticides has the potential for spills. The following are minimum requirements:

Material Safety Data Sheets:

• Material Safety Data Sheets (MSDS) shall be present for the chemical being used or transported. These are available from the manufacturer or over the internet.

Equipment/Machinery/Vehicles Carrying Auxiliary Fuel:

• Spill kits appropriate to type of spills that could take place must be present in vehicle and in equipment.

• Exemption: Timber Sale Purchasers and their employees or subcontractors follow timber sale contract provisions.

Stationary Fuel Storage and Dispensing Tanks:

• Spill kits appropriate to the volume of stored fuel must be present at points where fuel is dispensed.

Storage and Mixing Tanks for Pesticides:

• Spill kits appropriate to the maximum capacity of mixing tanks for pesticides must be present at points where material is batched or transferred from one tank to another.

• Spill kits appropriate to the volume and toxicity of material stored must be present where pesticides are stored.

Mitigation Measure Certification For Herbicide Applications in Riparian Zones* on the Lolo NF

Name of Applicator / Ranger District:Name of Applicator / Ranger District:Name of Applicator / Ranger District:Name of Applicator / Ranger District: ________________________________________ ________________________________________ ________________________________________ ________________________________________

Name / location of RiparName / location of RiparName / location of RiparName / location of Riparian Areaian Areaian Areaian Area: ___________________________________________

Herbicide AppliedHerbicide AppliedHerbicide AppliedHerbicide Applied & Rate: _________________________ & Rate: _________________________ & Rate: _________________________ & Rate: __________________________________________________

Method of Application: _____Method of Application: _____Method of Application: _____Method of Application: ____________________________________________________

Mitigation MeasureMitigation MeasureMitigation MeasureMitigation Measure Yes/No or Yes/No or Yes/No or Yes/No or CommentsCommentsCommentsComments Certifier aCertifier aCertifier aCertifier and Date nd Date nd Date nd Date

1) Was mixingmixingmixingmixing done at least 150’ from open water unless spill containment devices were readily available and an anti back siphoning device was used when drafting water?

2) Has the applicator reviewed stream and reviewed stream and reviewed stream and reviewed stream and wetland areaswetland areaswetland areaswetland areas to assure that spraying will avoid open water?

3) Does the herbicide label allow herbicide label allow herbicide label allow herbicide label allow herbicide useherbicide useherbicide useherbicide use to the waters edge?

4) Will herbicide be used to the waters used to the waters used to the waters used to the waters edge?edge?edge?edge?

5) If herbicide was applied to waters edge, was application at waters edge made with application at waters edge made with application at waters edge made with application at waters edge made with applicators back toapplicators back toapplicators back toapplicators back to the water the water the water the water?

6) Did applicator review and follow label follow label follow label follow label directionsdirectionsdirectionsdirections for applications near live water or in areas with shallow water tables?

7) Did applicator review and followfollowfollowfollow all all all all riparian and wetland related mitigation riparian and wetland related mitigation riparian and wetland related mitigation riparian and wetland related mitigation measures?measures?measures?measures?

8) Did applicator rererereview a weather view a weather view a weather view a weather forecastforecastforecastforecast to check potential for heavy rains could cause herbicide transport into streams?

9) Does applicator have an Herbicides Herbicides Herbicides Herbicides Herbicide Emergency Spill Plan and spill Herbicide Emergency Spill Plan and spill Herbicide Emergency Spill Plan and spill Herbicide Emergency Spill Plan and spill containment equipmentcontainment equipmentcontainment equipmentcontainment equipment in vehicle during application?

10) Was this application signed offsigned offsigned offsigned off on by the Fish and Wildlife biologists Biological Biological Biological Biological Assessment Review formAssessment Review formAssessment Review formAssessment Review form?

* Riparian areasRiparian areasRiparian areasRiparian areas are lands adjacent to streams, lakes and wetlands identified as generally flat and where the vegetation present requires large amounts of water normally available from a high water table. Riparian areas are transition zones between aquatic and upland terrestrial environments.

2008 DAILY HERBICIDE APPLICATION RECORD LOLO N.F / Ranger Dist:____________

Business License # Name

Address City, State, Zip Phone

Circle / Fill-in Approriate Response BEFORE spraying fill-in blocks 1-12. AFTER spraying start with block 18 and work your way back up to block 14

County MINERAL (10) Temp. R H. _____ *F _____ *RH

(1) Operator

Name

(11) Wind speed /Direction (from)

____MPH (N, NE, E, SE,

S, SW, W, NW)

(2) Method Code Manual Chem. (710), Mech. Chem. (720), Aerial Chem. (730)

(12) Pesticide (chart below) 1 2 3 4 5 6 7 8 9

___ oz/128oz per gal * AI Rate/gal

= ____ lbs AI Applied

(of 1st pesticide identified in #12 above) (3) Equipment Code

Handsprayer (711) Backpack (712)

Hand Spreader (714) Mobile Grnd Sprayer

(721) Aerial (731)

(13) Total lbs AI Applied

___ oz/128oz per gal * AI Rate/gal

= ____ lbs AI Applied

(of 2nd pesticide identified in #12 above)

(4) Treatment Type Pesticide (P)

(14) Total Oz.

Pesticide Applied

_____ oz

(1st pesticide from #12 above)

_____ oz

(2nd pesticide from

(5) Weed (s) (*)

(2 Primary

Species)

BRTE; CADR; CANU4;

CEDI3; CEMA4; CERE6;

CHJU; CHLE80; CIAR4;

CYOF; ECVU; EUES;

HIAU; HIPR; HYPE;

LIDA; LIVU2; PORE5;

SEJA; SIAL2; TAVU;

VETH

(15) Product Rate/Ac.

_____ oz/Ac

(1st pesticide from

_____ oz/Ac

(2nd t pesticide from #12 above)

(6) Weed Stage Rosette Bud Flower Fall

(16) Area Treated (Ac.) _____ Ac.

(7) Site

Admin, Campgrnd, Forest, Irrigation ditch, Pasture, Rangeland, Right-of-Way, Riparian, Trailhead

(17) Calibrated Volume (Gal Water/Ac.) _____ gal/Ac

(8) Date: ____/____/2006

(18) Total gallons

Applied (Diluent & Product)

_____ gal

(From flow meter or graduations on tank)

(9) Time

______ Start ______ Finish

BRTE = cheatgrass; CADR = white top; CANU4 = musk thistle;

CEDI3 = diffuse knapweed; CEMA4 = spotted knapweed; CERE6 = Russian knapweed; CHJU = rush skeletonweed; CHLE80 = oxeye daisy; CIAR4 = Canada thistle; CYOF = houndstongue; ECVU = blue weed; EUES = leafy spurge; HIAU = orange hawkweed; HIPR = meadow hawkweed; HYPE = St. Johnswort; LIDA = Dalmatian toadflax; LIVU2 = common toadflax; PORE5 = sulfur cinquefoil;

SEJA = tansy ragwort; SIAL2 = tumble mustard; TAVU = common tansy; VETH = mullein

Surfactant/Adjuvant:

Ingredient Type:

Rate Applied (oz/ac):

Product Name Manufacturer

EPA

Registration # Active Ingredient (AI) AI Rate

1 Tordon 22 K Dow 62719-6 Picloram 2 lb/gal 2 Milestone Dow 62719-519 Aminopyralid 2 lb/gal 3 Opti Amine Helena Chem. 5905-501 2,4-Dichlorophenoxyacetic Acid 3.8 lbs/gal 4 Weedar 64, 2, 4-D Amine 71368-1 2,4-Dichlorophenoxyacetic Acid 3.8 lbs/gal 5 24D Amine 4 Agrisolutions 1381-103 2,4-Dichlorophenoxyacetic Acid 3.8 lbs/gal 6 Transline Dow 62719-259 Clopyralid 3 lb/gal

Site Location:________________________________________________________________________

Pg 2 Date ___________ FACTS ID: ________________ SITE ID: _____________________

SITE ID: _____________________

FACTS and Site ID to be filled in by Forest Service

TIME

TEMP/

RH

WIND

SP/DIR. LAT./LONG. REMARKS

Comments:

___________________________________________________Map:

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions - Commercial Items (FEB 2007)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and…