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 47

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

DATE

AG-03R6-S-08-0127

DATE

7/31/2008

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

7. FOR SOLICITATION Dale Reckley calls) 406-329-3756 LOCAL TIME INFORMATION CALL: 8/14/2008 @ 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 BU INESS S

13b. RATING 12. DISCOUNT TERMS 11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MA KED

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700) R

SEE SCHEDULE 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Delivery Schedule Same as Block 9

17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE OFFEROR 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:

DUNS NO: __________________

USDA, OCFO, COD, APB

P.O. Box 60075 New Orleans, LA 70160

TELEPHONE N0.

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

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 Bitterroot National

Forest Ravalli County, Montana

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

Herbicide Application/Bitterroot NF

SECTION B - SERVICES AND PRICES

ITEM 1 - BASE YEAR

Subitem Description/Concentration Unit Est Qty Unit Price Price

1.1 Forest Road System XXXXX XXXXX

Picloram @ 1 pint/acre Acre 700 $________ $_____________

Metsulfuron @ 1 ounce/acre Acre 700 $________ $_____________

Aminopyralid @ 7 ounces/acre Acre 700 $________ $_____________

Clopyralid @ 2/3 pint/acre Acre 700 $________ $_____________

Aquatic labeled 2, 4-D @ 2 qts/acre Acre 700 $________ $_____________

Clopyralid with 2, 4-D @ 3 quarts/acre Acre 700 $________ $_____________

Imazapic @ 6 ounces/acre Acre 700 $________ $_____________

Surfactant Acre 700 $________ $_____________

Dye Acre 700 $________ $_____________

1.2 ATV Off-Road Accessible Areas XXXXX XXXXX

Picloram @ 1 pint/acre Acre 100 $________ $_____________

Metsulfuron @ 1 ounce/acre Acre 100 $________ $_____________

Aminopyralid @ 7 ounces/acre Acre 100 $________ $_____________

Clopyralid @ 2/3 pint/acre Acre 100 $________ $_____________

Aquatic labeled 2, 4-D @ 2 qts/acre Acre 100 $________ $_____________

Clopyralid with 2, 4-D @ 3 quarts/acre Acre 100 $________ $_____________

Imazapic @ 6 ounces/acre Acre 100 $________ $_____________

Surfactant Acre 100 $________ $_____________

Dye Acre 100 $________ $_____________

1.3 Handline Spraying XXXXX XXXXX

Picloram @ 1 pint/acre Acre 15 $________ $_____________

Metsulfuron @ 1 ounce/acre Acre 15 $________ $_____________

Aminopyralid @ 7 ounces/acre Acre 15 $________ $_____________

Clopyralid @ 2/3 pint/acre Acre 15 $________ $_____________

Aquatic labeled 2, 4-D @ 2 qts/acre Acre 15 $________ $_____________

Clopyralid with 2, 4-D @ 3 quarts/acre Acre 15 $________ $_____________

Imazapic @ 6 ounces/acre Acre 15 $________ $_____________

Surfactant Acre 15 $________ $_____________

Dye Acre 15 $________ $_____________

1.4 Monitoring Roads and Trails Mile 100 $________ $_____________

ITEM 2 - OPTION YEAR 1

2.1 Forest Road System XXXXX XXXXX

Picloram @ 1 pint/acre Acre 700 $________ $_____________

Metsulfuron @ 1 ounce/acre Acre 700 $________ $_____________

Aminopyralid @ 7 ounces/acre Acre 700 $________ $_____________

Clopyralid @ 2/3 pint/acre Acre 700 $________ $_____________

Aquatic labeled 2, 4-D @ 2 qts/acre Acre 700 $________ $_____________

Clopyralid with 2, 4-D @ 3 quarts/acre Acre 700 $________ $_____________

Imazapic @ 6 ounces/acre Acre 700 $________ $_____________

Surfactant Acre 700 $________ $_____________

Dye Acre 700 $________ $_____________

2.2 ATV Off-Road Accessible Areas XXXXX XXXXX

Picloram @ 1 pint/acre Acre 100 $________ $_____________

Metsulfuron @ 1 ounce/acre Acre 100 $________ $_____________

Aminopyralid @ 7 ounces/acre Acre 100 $________ $_____________

Clopyralid @ 2/3 pint/acre Acre 100 $________ $_____________

Aquatic labeled 2, 4-D @ 2 qts/acre Acre 100 $________ $_____________

Clopyralid with 2, 4-D @ 3 quarts/acre Acre 100 $________ $_____________

Imazapic @ 6 ounces/acre Acre 100 $________ $_____________

Surfactant Acre 100 $________ $_____________

Dye Acre 100 $________ $_____________

2.3 Handline Spraying XXXXX XXXXX

Picloram @ 1 pint/acre Acre 15 $________ $_____________

Metsulfuron @ 1 ounce/acre Acre 15 $________ $_____________

Aminopyralid @ 7 ounces/acre Acre 15 $________ $_____________

Clopyralid @ 2/3 pint/acre Acre 15 $________ $_____________

Aquatic labeled 2, 4-D @ 2 qts/acre Acre 15 $________ $_____________

Clopyralid with 2, 4-D @ 3 quarts/acre Acre 15 $________ $_____________

Imazapic @ 6 ounces/acre Acre 15 $________ $_____________

Surfactant Acre 15 $________ $_____________

Dye Acre 15 $________ $_____________

2.4 Monitoring Roads and Trails Mile 100 $________ $_____________

ITEM 3 - OPTION YEAR 2

3.1 Forest Road System XXXXX XXXXX

Picloram @ 1 pint/acre Acre 700 $________ $_____________

Metsulfuron @ 1 ounce/acre Acre 700 $________ $_____________

Aminopyralid @ 7 ounces/acre Acre 700 $________ $_____________

Clopyralid @ 2/3 pint/acre Acre 700 $________ $_____________

Aquatic labeled 2, 4-D @ 2 qts/acre Acre 700 $________ $_____________

Clopyralid with 2, 4-D @ 3 quarts/acre Acre 700 $________ $_____________

Imazapic @ 6 ounces/acre Acre 700 $________ $_____________

Surfactant Acre 700 $________ $_____________

Dye Acre 700 $________ $_____________

3.2 ATV Off-Road Accessible Areas XXXXX XXXXX

Picloram @ 1 pint/acre Acre 100 $________ $_____________

Metsulfuron @ 1 ounce/acre Acre 100 $________ $_____________

Aminopyralid @ 7 ounces/acre Acre 100 $________ $_____________

Clopyralid @ 2/3 pint/acre Acre 100 $________ $_____________

Aquatic labeled 2, 4-D @ 2 qts/acre Acre 100 $________ $_____________

Clopyralid with 2, 4-D @ 3 quarts/acre Acre 100 $________ $_____________

Imazapic @ 6 ounces/acre Acre 100 $________ $_____________

Surfactant Acre 100 $________ $_____________

Dye Acre 100 $________ $_____________

3.3 Handline Spraying XXXXX XXXXX

Picloram @ 1 pint/acre Acre 15 $________ $_____________

Metsulfuron @ 1 ounce/acre Acre 15 $________ $_____________

Aminopyralid @ 7 ounces/acre Acre 15 $________ $_____________

Clopyralid @ 2/3 pint/acre Acre 15 $________ $_____________

Aquatic labeled 2, 4-D @ 2 qts/acre Acre 15 $________ $_____________

Clopyralid with 2, 4-D @ 3 quarts/acre Acre 15 $________ $_____________

Imazapic @ 6 ounces/acre Acre 15 $________ $_____________

Surfactant Acre 15 $________ $_____________

Dye Acre 15 $________ $_____________

3.4 Monitoring Roads and Trails Mile 100 $________ $_____________

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

The Contractor shall furnish all materials, chemicals, equipment, labor, supervision, transportation, operating supplies and incidentals necessary to safely apply herbicides using ground-operated spraying apparatus in accordance with the contract specifications, terms, and conditions specified in the herbicide label(s) and State of Montana regulations.

Specific tasks to be performed by the Contractor include: a) assessment of species and treatment plan

– specific prescription; b) mobilization; c) application or treatment of the target species with an approved herbicide; d) mix and clean-up of herbicides; e) documentation including a Work Plan and Schedule, Quality Control Plan (includes safety and spill plans); and f) Contractor Quality Inspection Records and application documentation.

1.2 Description of Roads, ATV Off-road Sites, Handline and Monitoring

Roads

Roads consist of both maintained and unmaintained gravel or dirt system roads. Widths 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.

Special measures are included to mitigate potential herbicide contamination of water influenced zones.

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. Contractor may be asked to adjust treatment method or schedule to avoid conflicts with other users or other roads may be substituted.

On roads within the perimeters of the 2000 fires, greater than average windthrow and deadfall may be encountered at any time.

Weed infestation levels vary from light, moderate or heavy depending on aspect, elevation, and canopy cover. The predominant target species present is spotted knapweed. Other target species that may be encountered in lesser concentrations are: sulfur cinquefoil; St. Johnswort; dalmatian toadflax; houndstongue; leafy spurge; and oxeye daisy. Other target species are less common.

Hawkweed complex, blueweed, and rush skeletonweed are new invaders of special concern that are uncommon on the Forest. The Contractor must have the ability to identify these species readily. A list of all the target species for treatment is included in the contract.

Invasive 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.

Off-Road Sites

Terrain on the off-road sites (Subitems 1.2, 2.2, and 3.2) may vary from 10% to 40% slopes. Sites include dry swales with scattered brush, burned areas with variable blowdown and grasslands.

Noxious weed densities vary from light to moderately heavy. Target species include spotted knapweed, houndstongue, oxeye daisy, sulfur cinquefoil and others.

Handline Spraying off of System Roads

Certain portions of the road system may have fingers of target species (generally other than spotted knapweed) that are starting to colonize susceptible habitat just outside the spray corridor. These sites may occur along any of the roads designated in the contract. These sites will require the Contractor to drag hose from the truck unit up to several hundred feet in order to treat to the perimeter of the expanding infestation. Slope may vary from 10% to 50%. Footing is generally uneven with either rocky or loose granitic soils. Ground cover varies from open to light timber with deadfall. Target invasive weed infestations will be similar in density and distribution to that found along the road corridors.

Monitoring

The Contractor will perform Bid Subitems 1.4, 2.4, and 3.4 monitoring work on roads with known or newly discovered scattered infestations of less common invasive weeds such as blueweed, rush skeletonweed, dalmatian toadflax, houndstongue and other species. Rush skeletonweed monitoring will occur from mid-August to mid-September on designated roads on the West Fork Ranger District during the time of highest visibility of that specie. Effective monitoring requires that the Contractor drive at a speed of about 5 miles per hour while scanning for the target species within the sight line from the road. Treatment of the target species will occur according to specifications in Section 1.4 of this contract.

1.3 Safety

Blowdown density is variable in all areas.

Contractor shall provide a written Safety Plan that is specific for work to be performed under this contract. The Safety Plan shall address the following known hazards that may be found at any of the worksites.

(a) Foot/ATV travel

(1) Uneven and steep terrain

(2) Changing ground surface material (i.e. slash, duff, grasses, mud, hydrophobic soils, etc)

(3) Burned out stump holes

(b) Traffic Hazards

(1) Increased traffic from logging activity, recreationists, etc.

(2) Changing road surfaces such as pavement, gravel, or native surfaces; varying road width;

little or no shoulder with limited number of pullouts, etc.

(3) Limited visibility due to winding roads

(c) Access/Site Hazards

(1) Blow down, windthrow and overstory of dead standing mature trees.

(d) Communications and Signing of Work

1.4 Treatment Methods and Standards

(a) The Contractor will treat all of the target species encountered with the appropriate herbicide at a rate of application that does not exceed label direction. The Contractor shall identify the type, application rate, and method of application for herbicides to be used on this project in the Quality Control Plan.

(b) Wetting Agent shall be used in all applications. Contractor shall include the type of agent(s) to be used in the Quality Control Plan.

(c) Carrier: Water shall be used as a carrier.

(d) Dye/Marker: A water-based dye or other approved color marking system shall be used to further identify target species and area that have been sprayed. Dye must be visible on the sprayed sites for a minimum of 24 hours after application.

(e) The equipment used on roads shall be able to change the herbicide used to meet the requirements and restrictions of the different site conditions and to avoid damage to non-target woody species.

(f) Only stainless steel or ceramic nozzles will be used.

(g) Treatment of off-road sites may be performed by ATV (or similar low psi vehicle), stock, or backpack sprayer. Contractor’s activity will not contribute to measureable or noticeable erosion, extensive or intensive (localized) soil disturbance, or long-term physical damage to desirable vegetation.

(h) Picloram will not be used within 50 feet of surface water or inside of a subirrigated (riparian) zone (see Section 1.11).

Only herbicides approved for streamside use will be applied within 15 feet of live water, surface water or on areas with shallow water tables.

(i) Clopyralid may be required on some sites to avoid damage to non-target species.

(j) A spray distance and swath used shall provide coverage of the area to be treated without over-treating, damaging non-target woody species, or applying herbicide to live water.

* Maintained Road Swath Distance: Swath distance is measured along the ground surface in a line perpendicular and away from the outside edge of the road. Because there are usually no target weeds growing on the road surface of a regularly graded road, the swath distance starts at the outside edge of either side of the road. The central, most traveled portion of the road prism is not counted as part of the swath. On maintained roads, the swath may extend up to a maximum of 28 feet out from the target weeds growing along the road edge on either side of the road.

*Unmaintained Road Swath Distance: Swath distance is measured along a line perpendicular and away from the centerline of the road. There may be target weeds growing along the central portion and centerline of an unmaintained, ungraded road. On unmaintained roads, therefore, the swath distance will include both the entire road prism plus the distance away from either edge of the road.

On these roads, the maximum distance for herbicide coverage may extend 30 feet out from either side of the centerline. For example, on an ungraded road that has a 20-foot wide prism with weeds growing along the centerline, the swath will include a) the 20-foot wide road prism, b) 15 feet away from the edge of the road up the cutslope, and c) 15 feet away from the edge of the road down the fill slope. This totals a 60-foot wide swath.

*Herbicide will not be applied to the road prism where there are no target weeds.

Note: The 60-foot spray swath on roads is a maximum rather than an average distance. The Contractor will encounter numerous road segments that require a spray width that is narrower than the maximum. The Contractor will encounter frequent road segments where the acreage sprayed per mile of road is considerably less than the 7 1/3 acre per mile maximum continuous swath.

*Broadcast method is appropriate for dense continuous stands of noxious weed target species.

Intermittent and spot spraying will occur where target species densities are discontinuous and light to moderate.

(k) Road segments that have sparse weed occurrence among a moderate to heavy cover of non-target species will require a variable spray stream and swath so that damage to non-target species is minimized.

(l) Handgrubbing, Bagging and Removal of all Category 3 and Watch List Species and Some Category 2 Species:

(1) Taprooted Category 2 species that occur only intermittently (i.e. several individual plants per mile of road) will be handgrubbed and bagged, with care taken to avoid spreading any seed that may have set.

(2) All taprooted Category 3 and Watch List plants encountered will be handgrubbed and bagged, with care taken to avoid spreading any seed that may have set.

(3) For any handgrubbing of plant types described above, the Contractor will bag and remove the above ground portion and effective root system of the plant. The Contractor will spray the area within the canopy of the plant and an area on the soil extending 24” outside the dripline of each plant removed with picloram if the specie is susceptible to picloram. If not susceptible to picloram, the Contractor will spray the root site with the appropriate herbicide if part of the main root broke off and was left in the ground.

(4) For rhizomatous Category 2, Category 3, and Watch List species, the Contractor will lop, carefully bag and remove bolting stems, emerging or mature flower heads. The remaining vegetative parts of the plant will be treated with the appropriate herbicide. For Category 3 and Watch List species, the Contractor will flag the exact location of the target plant onsite.

(5) All sites above will be recorded and mapped as explained in the monitoring Section 1.6.

The Contractor will report all Category 3 and Watch List species encounters to the COR or Inspector within 48 hours.

1.5 Minimum Quality Standard

The Government will review the Contractors’ Quality Control Plan and notify Contractor of any agent not acceptable for use within 7 days of Plan submittal.

At a minimum, 80% of the spotted knapweed, sulfur cinquefoil, St. Johnswort and dalmatian toadflax sprayed 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.

(a) Other species that are less common, such as leafy spurge, will exhibit 95% mortality or lethal herbicide effects.

(b) New invasive plants (Category 3) in the area, such as yellowstar thistle or rush skeletonweed, will show 100% removal and have picloram or the most effective herbicide with residual capability (if any are available) applied to the soil 24” outside the canopy of the plant(s).

(c) Non-target species of concern are trees and shrubs along the road. Mortality and herbicide effects on these species should be less than 10% of the individuals encountered along any given portion of the road systems. Avoid herbicide application where target species occur sporadically in a dominant cover of non-target plants. These microsites may be excluded from treatment.

1.6 Monitoring and Record Keeping Requirements

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. Documentation shall be provided within 48 hours of completion of application.

The Contractor will record GPS locations of all invasive weeds in Category 3 and on the Watch List (see target weed list below). In addition, the Contractor will GPS record any Category 2 noxious weed species on roads and areas where the species has not occurred previously. These records will be submitted to the Government at the end of each treatment season or upon request.

The Contractor shall record the quantity and type of herbicide and surfactant used. If the Contractor has been unable to apply chemical for an entire week, this must be documented in the weekly record.

Daily weather records will show: site location(s), high and low temperatures during the daily applications; high and low relative humidity readings during the daily applications; highest windspeed during daily applications; wind direction during daily applications; any precipitation during the daily applications, etc. (Weather information may be combined with the Daily Application Records.)

Upon completion of work and prior to payment, the Contractor shall provide the Government with a completed Montana Department of Agriculture Summary of All Pesticide Applications For The Calendar Year Form (or other similar, approved form containing the same information) for all treatments on National Forest land under this contract.

1.7 Certification and Personnel Requirements

The Contractor performing herbicide mixing or application operations under this contract shall comply with the States of Montana and Idaho certification and application requirements for the use and application of Restricted Use Herbicides and must hold current Montana and Idaho Commercial Pesticide Applicators Licenses. Personnel employed by the Contractor must be adequately briefed and trained in application and safety techniques. All applications shall be completed under the direct supervision of a licensed applicator.

1.8 Equipment Mixing and Spraying Standards

(a) A separate pumping system shall be used to fill the spray mixing and spray application tanks in order to avoid contamination of well systems, 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 loading and mixing operations will not occur within 300 feet of any open water source.

The distance may be shortened to no less than 150 feet in situations where a 300-foot buffer is not feasible or reasonable due to surrounding terrain or road features. Mixing, loading, and equipment cleaning shall be done more than 200 feet from private land.

(c) The Contractor will remove all herbicide containers from the National Forest and dispose of them in accordance with all local, State and Federal requirements.

(d) When spraying on all public roads, professional 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.

(e) Spray drift shall be avoided.

(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%. All daily humidity readings shall be recorded on the Daily 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) Buffer strips may be designated by the Government during operations to protect rare plants or water influenced areas. No spraying shall occur within these designated buffer strips.

(i) Motorized equipment that will be used for off-road application shall be washed clean of all plant parts and seeds prior to the start of work. Government will inspect equipment prior to such equipment leaving the road prism.

(j) A professional appearance to both equipment and personnel attire provide the Government and Forest users with the impression that the Contractor is performing work carefully to prevent spills and avoid spraying of non-target species. Therefore, the Contractor will keep spray rigs and equipment neat, professional and orderly. Dye stains on the rigs, tanks, and employee clothing will be kept to a minimum.

(k) Herbicide application operations will not occur when any one of the following conditions exist in a treatment area:

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

*Relative Humidity readings are LESS than 25%.

*Frost, snow, or ice covers target plants.

*Foliage of the target plants is wet.

(l) The Contractor shall insure that containers or tanks used for herbicide application are not washed out in or near any open water: springs, ditches, streams, ponds, or lakes. The Contractor will follow all State, Federal and label regulations involving rinsing and washing procedures.

(m) The Contractor will maintain tight fitting and secure lids on all spray tanks and herbicide containers.

(n) The Contractor will inspect equipment daily for leaks and suspend operations until all leaks are repaired.

(o) 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 regular intervals during the season.

(p) The Contractor will provide an emergency spill plan to the COR at the pre-work conference. 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.

(q) The Contractor will apprise the COR or Inspector of the spray operation location plans on a weekly basis so that this information may be made available to the public. The Contractor will sign roads and areas sprayed as described in “notification” section of the Environmental Protection Measures Table below. Signs will be left up for at least 48 hours after spray operations.

(r) Herbicide will not be applied at a pressure that exceeds 30 pounds per square inch (psi) at the nozzle. Pressures higher than 30 psi can increase the risk of herbicide drift.

1.9 Variations In Estimated Quantity

The quantity of work may vary depending on site-specific monitoring results and available funding.

1.10 Complete Target Species List

Asterisked species indicate that this plant has been found on roads within or approaching the Bitterroot National Forest.

Category I: Canada thistle * Cirsium arvense CIRAR Spotted knapweed * Centaurea maculosa CENMA Dalmation Toadflax * Linaria dalmatica LINDA St. Johnswort * Hypericum perforatum HYPPE Sulfur cinquefoil * Potentilla recta PTLRC Oxeye daisy * Chrysanthemum leucanthemum CHYLE Common tansy * Tanacetum vulgare TANVU

Leafy Spurge* Euphorbia esula EUPES Whitetop (Hoary cress) * Cardaria pubescens CADPU Houndstongue * Cynoglossum officinale CYWOF Difuse knapweed * Centaurea diffusa CENDI Russian knapweed Acroptilon repens CENRE Field bindweed * Convolvulus arvensis CONAR Category II: Dyers woad Isatis tinctorai ISATI Purple loosestrife Lythrum salicaria LYTSA Tansy ragwort Senecio jacobaea SENJA Meadow hawkweed* Hieracium pratense HIECA Orange hawkweed * Hieracium aurantiacum HIEAU Tall buttercup Ranunculus acris RANAC Saltcedar (tamarisk) Tamarix ramosissima TAARA

Blueweed Echium vulgare ECHVU Category III: Yellow starthistle* Centaurea solstitialis CENSO Common crupina Crupina vulgaris CJNVU Rush skeletonweed* Chondrilla juncea CHOJU

Ravalli County Noxious Weed List:

Bull thistle * Cirsium vulgare CIRVU Musk thistle * Carduus nutans CRUNU Yellow toadflax* Linaria vulgaris LINVU (common toadflax)

Field scabious Black henbane * Hyoscyamus niger HSYNI

Watch List Scotch thistle

** Note: Other new invaders, identified as a concern by the States or Counties, may be added to the list of target at anytime.

1.11 Environmental Protection Measures Table

The table below outlines the environmental protections measure included in the Bitterroot Forest Noxious Weed Record of Decision (2003). The applicable items are made part of this contract. On some items, the COR and Inspector assume primary responsibility such as in the coordination with Forest Service specialists (wildlife biologist / botanist, etc.)

Environmental Protection Measures

Buffers Ground application of herbicides will not occur within 25 feet of sensitive plants.

Ground application of herbicides will not occur within 25 feet of culturally sensitive resources.

Picloram will not be applied closer than 50 feet from surface water or the edge of subirrigated land, whichever is the greater distance from live water. Herbicides other than picloram would be authorized for use to within 15 feet of surface water.

Only herbicides approved for streamside applications would be used within 15 feet of live water, surface water or in areas with shallow water tables.

The Forest Botanist will be consulted when aerial spraying occurs near sensitive plants. Plants that are susceptible to the herbicide in use will be covered with a tarp.

General Weed treatments would only be applied where weed populations actually exist. None of the alternatives propose blanket treatment of areas where no weeds are present.

All invasive weed treatments would be in accordance with local, State, and Federal regulations.

Equipment used in off-road operations for Forest management activities would be properly cleaned prior to entering Forest land.

New invaders within the treatment sites, as identified by local and State agencies, would be given high priority for treatment.

Biological Agents - General Notification Traffic control and signing during weed-treatment operations would be used as necessary to ensure safety of workers and the public.

Signs regarding herbicide use would be placed at access points to treatment areas prior to initiating treatment. Signs would list herbicides to be used, effective dates, and name and phone number of Forest contact.

Sensitive Plants Weed treatments would be coordinated with the Forest Botanist. Site-specific treatment prescriptions (e.g., covering with tarps or applications of herbicide in the fall) would be followed for infestations within or adjacent to known special status plant populations.

Water Quality Land types in treatment areas identified as having a high water table would be field-checked;

treatment methods would be modified based on ground conditions (see map in project file).

In buffers, weed treatment would be by individual plants (e.g., hand-pulling, hand-spray, wipe-on, or carpet roller).

Mixing and loading of tanks will occur 300 feet from live water where possible. In no case will it occur closer than 100 feet of live water.

Fish Forest Fisheries Biologist would review and coordinate spray projects with the District/Forest Weed Coordinator to map and identify buffers, methods of application, and necessary herbicide restrictions.

Wildlife Forest Wildlife Biologist would review and coordinate spray projects with the District/Forest Weed Coordinator to map and identify buffers, methods of application, and necessary herbicide restrictions which may be pertinent to the respective project.

Areas with known active raptor nests, including northern goshawk, red-tailed hawk, peregrine falcon, peregrine falcon, golden eagle, Boreal owl, Great Gray owl, and flammulated owl, would be avoided.

Herbicide applications between May 1 and June 15 would be coordinated with the Forest Wildlife Biologist to ensure that potential big horn sheep and elk calving areas are protected from excessive disturbance.

Heritage Resources Weed treatments would be coordinated with the Forest Heritage Resource Specialist to protect heritage resources such as traditional plant gathering areas, pictographs, and wooden structures.

Herbicide Use – General The state-certified applicator would obtain a current weather forecast for the proposed treatment area prior to applying herbicides. Weather conditions will be monitored so that applications comply with label recommendations for wind, temperature, and humidity.

Application of 2,4-D will be limited to areas where picloram and clopyralid are restricted by label because of sandy soils or relatively high water tables.

No more than one application of picloram would occur on a given area in a calendar year to reduce potential for accumulation in soil.

Equipment used for transportation, storage, or application of herbicides would be maintained in leak-proof condition.

Herbicides would be used in accordance with Federal label instructions and restrictions.

Where woody vegetation is the dominant cover, herbicide treatments would be designed to minimize damage to non-target species such as woody vegetation.

Ground-spray application of herbicides would occur only when the wind speed is less than 10 mph.

A pre-operations briefing would be required and documented to brief spray personnel on the location of sensitive resources (streams, lakes, wetlands, sensitive plants) and to review operational details.

No spraying would be performed if precipitation is occurring or imminent.

No spraying would occur if air turbulence is sufficient to affect normal spray pattern.

No spray if snow or ice covers target foliage.

Herbicides would not be applied directly into streams, springs, rivers, ponds, lakes, or wetlands.

Mixing and loading operations would occur in areas where accidental spills would not contaminate a stream or body of water before being contained.

Applicators would have a Herbicide Emergency Spill Response Plan (FEIS Appendix B) onsite during treatments. The plan would identify methods to report and clean up accidental spills. An emergency response spill kit containing clean-up equipment and materials would also be required onsite (or within spraying vehicles).

Sample areas would be monitored before and after treatment to determine effectiveness of treatments on target species.

Herbicide applications would be coordinated with adjacent landowners and individual range permittees in each project area as applicable.

Herbicides would be handled in accordance with the spill plan.

Application of herbicides would be performed by or directly supervised by a State-certified applicator.

Spray equipment would be calibrated prior to seasonal start-up and periodically throughout the season.

Herbicides would generally be applied one time per year; two times at least 30 days apart would be the maximum application.

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 conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C.

601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized,) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

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

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

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer - Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 301, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete.

Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply…