C04a LMIR BPA Call Form 1284LM26Q0090.doc

Land Management Integrated Resources BPA Call

1284LM26Q0090

Contractor:

BPA No.

BPA RFQ or

Call No.

This will only be sent out to the current BPA Award Holders as of Issue Date.

NAICS Code Exception if Applicable:

______This is a multi-award call order. Contractor needs to only provide pricing for all items listed under the specific award(s) they are interested in.

Contractor:

UEI:

Email:

Issuing and Billing Office:

USDA Forest Service Procurement Operations (PROPS)

Land Management Services (LMS), Service & Supply, C2

JoAnne Meiers, Contract Specialist joanne.meiers@usda.gov

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

ESTIMATED QUANTITY

22.

UNIT OF MEASURE

23.

UNIT PRICE

24.

AMOUNT

Contractor: (Name, Signature, and Date)

Date:

1. DESCRIPTION/STATEMENT OF WORK

In 2024, significant wildfires impacted the Payette National Forest. Several of these fires burned in areas with a significant presence of annual invasive grass and other invasive species, primarily consisting of cheatgrass brome, Bromus tectorum. In order to reduce infestation size/density and the post-fire spread of annual invasive grasses and other invasive species within the impacted ecosystems, the Payette National Forest is seeking to apply herbicides during the fall of 2026 through the summer of 2027 to the areas with the highest concentrations of invasive species within the Lava, and Limepoint fire areas.

The specifications below are consistent with the 1987 Payette Invasive Species Project EA (hereafter referred to as the EA). The specifications below include information for this contract such as project location, treatment area size, timeframe of application, equipment, chemicals/adjuvants, and other criteria required by the EA. Standard Idaho Department of Agriculture requirements such as licensing, record keeping, and safety requirements are required as part of this contract. Quality control, inspections, acceptance of work, and evaluation factors are determined by the Payette National Forest and included below. Potential contractors must provide the information required in the specifications below in addition to prices to be considered for award.

This project will support post-fire rehabilitation goals such as:

· The reduction in existing annual invasive grass and other invasive species infestations density and/or size.

· Minimize the post-fire spread of annual invasive grasses and other invasive species on NFS land.

· Fine fuels reduction.

· Big game habitat restoration/improvement.

· Restoration of native plant communities

2. SPECIFICATIONS:

Lava Fire- Groud Base Herbicide Treatement (135 acres)

Species present; Rush Skeletonweed, Gypsyflower, Canada thistle, Spotted knapweed, Diffuse knapweed, Common mullein, Dalmatian toadflax, Scotch cotton thistle, Cheatgrass. Other invasive species may be present

Application methods: UTVs, or backpack sprayers or applicators preference Chemicals approved to be utilized: 2,4-D, Aminopyralid, Chlorsulfuron, Clopyralid, Dicamba, Fluroxypyr, Glyphosate, Imazamox, Imazapyr, Imazamox, Metsulfuron methyl, Imazapic, Picloram, Sulfometuron methyl, Triclopyr triethylamine.

Lava Fire- Roadside Herbicide Treatment (257 acres)

Species present; Rush Skeletonweed, Gypsyflower, Canada thistle, Spotted knapweed, Diffuse knapweed, Common mullein, Dalmatian toadflax, Scotch cotton thistle, Cheatgrass, Other invasive species may be present

Application methods: truck-mounted sprayers, UTVs or applicators preference Chemicals approved to be utilized: 2,4-D, Aminopyralid, Chlorsulfuron, Clopyralid, Dicamba, Fluroxypyr, Glyphosate, Imazamox, Imazapyr, Imazamox, Metsulfuron methyl, Imazapic, Picloram, Sulfometuron methyl, Triclopyr triethylamine.

Limepoint Fire- Groundbase Herbicide Treatment (605 acres)

Species present; Rush Skeletonweed, Gypsyflower, Canada thistle, Spotted knapweed, Diffuse knapweed, Common mullein, Dalmatian toadflax, Scotch cotton thistle, Cheatgrass, Other invasive species may be present Application methods: UTVs, or backpack sprayers or applicators preference Chemicals approved to be utilized: 2,4-D, Aminopyralid, Chlorsulfuron, Clopyralid, Dicamba, Fluroxypyr, Glyphosate, Imazamox, Imazapyr, Imazamox, Metsulfuron methyl, Imazapic, Picloram, Sulfometuron methyl, Triclopyr triethylamine.

Limepoint Fire- Roadside Herbicide Treatment (110 acres)

Species present; Rush Skeletonweed, Gypsyflower, Canada thistle, Spotted knapweed, Diffuse knapweed, Common mullein, Dalmatian toadflax, Scotch cotton thistle, Cheatgrass, Other invasive species may be present Application methods: truck-mounted sprayers, UTVs or applicators preference Chemicals approved to be utilized: 2,4-D, Aminopyralid, Chlorsulfuron, Clopyralid, Dicamba, Fluroxypyr, Glyphosate, Imazamox, Imazapyr, Imazamox, Metsulfuron methyl, Imazapic, Picloram, Sulfometuron methyl, Triclopyr triethylamine.

Chemical and Adjuvant to be furnished by the contractor: The Contractor shall be responsible for purchasing, securing, and providing the chemicals and adjuvant for this call order. The government will pay the Contractor for chemical and adjuvant once a treatment area has been completed and accepted by the government.

The chemicals approved for use on the Payette National Forest are:

2,4-D

Aminopyralid

Chlorsulfuron

Clopyralid

Dicamba

Fluroxypyr

Glyphosate

Imazamox

Imazapic

Imazapyr

Imazamox

Metsulfuron methyl

Picloram

Sulfometuron methyl

Triclopyr triethylamine

These chemicals are on the USFS approved herbicide list. The chemicals are rangeland approved.

Rate of application: Rate of application will be dependent of chemical utilized and according to label. Rate of application will be dependent on individual chemical. See page 20 for specific application rates Herbicide application:

The Contractor shall provide all herbicides and adjuvants necessary to accomplish the work for this contract which includes 1355 acres of ground base herbicide treatment in the Lava Fire Area, 257 acres of roadside heribcide treatment in the Lava Fire Area, 605 acres of ground base herbicide treatment in the Limepoint Fire Area, and 110 acres of roadside herbicide treatment in the Limepoint Fire Area . Please price quotes accordingly.

The timing of application should occur in the summer or fall of 2026 or the spring and summer of 2027.

· Herbicides are to be applied at the lowest effective rate as described by the chemical label and within the effects analysis of the EA.

· The herbicide and its rate to be utilized for all treatments is as follows: Chemical (common trade name) Rate (oz/ac) Rate (lb of Ai/ac)

· Herbicide shall be applied in a water/herbicide mixture at a minimum rate of 2 gallons per acre with an application rate of 40 – 100 acres per hour. The contractor should specify their preferred rate if different than 2 gallons/acre, and the COR/Governement Technical Monitor and Contractor must agree to the rate in advance.

The following are additional herbicide application criteria:

· All chemicals used must be on the Payette NF approved chemcial list.

· Per federal and state law and federal land management agency requirements, the Contractor shall supply all labor, equipment, permits and licensing, supervision, transportation, operating supplies, incidentals, application of herbicide, clean-up, and staging area rehabilitation to complete all facets of the contract.

· The application shall be documented on hard copy or digital herbicide application records using a form approved by the COR/Governement Techinical Monitor. Records must have all legally required information (date, wind, temperature, herbicide output etc.) and herbicide output in each unit at a minimum.

· All application of herbicides will be performed by, or supervised by, a state licensed applicator following all current legal application procedures in the State of Idaho.

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

· Water shall be the ONLY herbicide carrier.

· The Contractor shall mix only the amount of herbicide that will be used for the operating period. The Contractor shall take special care to avoid mixing more than the amount to be used in the event the weather changes and spraying cannot continue.

· Mixing and loading operations shall occur no closer than 300 feet from open water or other sensitive sites unless spill containment devices are readily available, and the Government has pre-approved the practice and location.

· The Contractor shall review GIS files and be aware of stream and wetland areas to ensure herbicides will not be applied to open water. A buffer from perennial streams consist with the Programmatic BA is built into the units due to ESA-listed fish species.

· Depending on location and circumstance, other areas may also be buffered or otherwise excluded from treatment units. Examples include private land, ditches/canals, certain occupied wildlife habitats, rare plant populations, meadows, developed campgrounds, municipal water sources, etc.

· The Contractor shall obtain weather forecasts and follow forecasts for changing weather conditions. The Pilot shall not initiate spraying when heavy rains or winds are forecast that could cause offsite herbicide transport into sensitive resources such as streams.

· The Contractor shall work cooperatively with the Government to practice adaptive management and respond to changing conditions. The Government may stop spraying operations if wind speed, temperature, relative humidity, weather inversions, or environmental factors change to a point where the Government feels the treatments will not be effective, federal or state law may be violated, or Government best management practices violated.

· Herbicides will not be applied if snow or ice covers the target vegetation or if the ground is frozen. Herbicide shall be applied in a water/herbicide mixture at no less than 2 gallons per acre.

· Low boom pressure, as agreed upon by the Contractor and COR, will be used to reduce drift. The definition of “low pressure” will depend on the type of equipment used, product being applied, use of drift control agents and the site type and location.

· Drift reduction agents and surfactants will be applied with herbicides as recommended by the Contractor or as specified by the COR/Governent Technical Monitor in advance of the application. These products will be applied according to label. Specific products in these categories are subject to prior approval by the Government. Drift reduction products shall always be used to protect sensitive resources such as streams or private property, unless otherwise specified by the contract. Droplet Landing Zone (DLZ) or Compadre are examples of sufficient commonly available products.

· Application of chemical will not occur if winds exceed 5 mph. Application will not occur if there is a precipitation event within 24 hours of treatment. Spot forecasts and portable weather kits should be utilized prior to and periodically during application to ensure weather conditions are appropriate for treatment.

Coverage

The entire surface within the designated boundaries of the project area shall receive uniform coverage with the herbicide except for areas excluded by the Payette NF. Any areas not covered by Contractor shall be reapplied or compensated by suitable contract adjustment, at the option of and at no additional cost to the government.

The applicator shall use all best practices to reduce drift outside of units, including the low boom pressure requirements and large droplet size. Preventative measures must be communicated to and agreed upon with the COR/Government Techncial Monitor prior to beginning work.

The contractor/applicator is required to abide by all specifications listed within this document, Idaho State pesticide appliacation requirements, the chemical label, EPA regulations, the EA, and any other applicable regualtion/statute.

Water for mixing of herbicide is not available directly on site. Water may be available via Forest Service District Admin locations or at possible staging areas discussed below and will be established during staging area selection. Water obtained via municipal serivces/agreements or by other means not provided for by the Payette National Forest are at the discretion of the contractor. The contractor is responsible for all aspects of that agreement including any risks, costs, or additional matters and as such the federal government is not responsible for the activities/agreements pertaining to the water procurement.

Licensing Requirements:

Herbicide licensing –

All applicators and ground crew who will assist with the application, transportation, handling, and/or mixing of chemicals must be professionally licensed Idaho pesticides applicators with proper endorsements. Apprentices under direct supervision of licensed applicators according to Idaho state regulation are also acceptable.

Note that the Government is not responsible for the safety of the Contractor nor any operators or assistants. The Contractor shall use and maintain work procedures which will safeguard the general public, Government personnel, Government partners, and the Contractor’s own personnel.

Staging Areas:

The Contractor and the Government will work together to identify staging areas. Decisions on the use of staging areas may involve the Contractor, local officials (such as the Forest Service District Ranger/forest aviation manager), Government partners (such as Idaho Department of Fish and Game), and the COR/technical specialist.

The Government presumes that mixing and loading will take place at identified staging areas. If other sites need to be identified, this must be discussed with the COR and in conjunction with the Government Technical Monitors prior to commencement of work to coordinate logistics. The Contractor will receive authorization to drive support vehicles behind gated USFS, state, private partner roads, etc. as needed.

If the Contractor chooses to use non-partner private land for staging and equipment storage, any agreement the Contractor may make with such a private landowner is separate from and outside the authority of the Forest Service. The federal government is not responsible for events or activities occurring off federal lands. If the contractor chooses to use non-partner private land, the Government will require a written agreement signed by both parties prior to commencement of work on the contract. There are no exceptions to this requirement.

Final decisions on the use of staging areas on NFS lands will be agreed upon by the contractor, local Forest Service officials, and the COR in conjunction with the Governement Technical Monitors .

Environmental Protection Criteria:

The Contractor shall be familiar with and comply with the following environmental protection design features and mitigation measures. These requirements are covered under federal and state law and violations shall result in the Contractor being non-compliant with the performance specifications of this contract. This may result in contract termination for failure to perform.

The requirements are as follows:

· The Contractor is responsible for ensuring that all maintenance, mixing or any other activity causes environmental damage to natural resources or to federal infrastructure or facilities.

· The Contractor and all application personnel are required to review, understand, and follow the labels for herbicide and adjuvants as well as product Safety Data Sheet (SDS) requirements, precautions, and prohibitions. Labels and associated SDS must be carried and be within easy access during all spraying operations.

· All spray tanks and other containers for liquids will have tight fitting and secure lids.

· Equipment will be inspected regularly for leaks.

· Materials shall be transported in a manner that will prevent spills and in containers that are isolated from food, clothing, and safety equipment.

· Spray equipment will be calibrated for each project and/or product and recalibrated as needed. Calibration of equipment shall be complete prior to start of work and before the Contractor mobilizes into the project area. Calibration calculations shall be provided to the Government on request. The spray pattern, application rates and calibration shall be reviewed before beginning a project and monitored during the project. Additional calibration checks may be required by the Government if there is question or indications of inaccurate application rates.

· Disposal of wastewater and herbicide containers shall be done off National Forest lands and in accordance with federal, state, and local regulations.

· The Contractor is responsible for cleaning of all vehicles to ensure they are free of soil, seeds, vegetative matter, or other debris that could contain or hold non-native noxious weed seed prior to entering Forest Service lands. The Contractor shall certify, in writing, compliance of terms prior to moving equipment onto job site and shall present all equipment to COR and Inspectors for inspection and approval.

· The Contractor is responsible for providing spill containment kits for all petroleum products, herbicide, adjuvant and other products used to complete contract.

· The Contractor spill response plan shall be provided prior to implementation and must meet state and federal standards and requirements for the management of spills.

· All spray operations equipment and transport vehicles will have adequate spill containment and cleanup materials and equipment. Operators will be trained in responding to and dealing with spills.

· The Contractor shall be responsible for all cleanups of fuel and oil at staging areas, parking areas, landing areas, etc., when caused by Contractor equipment or personnel. If a spill occurs, the Contractor assumes all liability and responsibility for clean-up to meet all applicable federal and state standards.

· When cleaning paved areas, the Contractor shall utilize cleaning agents that are biodegradable and non-toxic. Contaminated soils shall be removed to appropriate containers and disposed of as hazardous waste.

· The Government may, at its option, assign an area to be utilized by the Contractor for storage of equipment used in support of Contract performance. Oil, solvents, parts, engines, etc. shall be stored and utilized in a manner consistent with acceptable safety, health and environmental concerns.

· The Contractor shall ensure that they are in compliance with 40 CFR Part 112: Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Plan Requirements (SPCC). An SPCC plan is required for each mobile fueler used on this contract regardless of bulk storage container (tank) size.

Additional design criteria:

· Contractor applicable design criteria, as directed by the 1987 Payette Invasive Species Project EA

· Do not apply herbicide treatments over whitebark pine stands.

· Do not apply herbicide treatments when sustained wind speeds exceed 5 mph or label recommendations, whichever is less.

· Do not apply herbicide treatments during inversions, or below minimum relative humidity, or above maximum temperature, as stated on label.

· Obtain a weather forecast for the area prior to initiating a spraying project to ensure no precipitation or wind events were predicted to occur during or immediately after spraying that could allow runoff or drift into water bodies.

· In the unlikely event that drift does occur into the 300-foot buffer, applicators will modify practices during the operation and prevent any additional impacts.

· Forest applicable design criteria, as directed by the 1987 Payette Invasive Species Project EA

· Conduct public notification through press releases in local newspapers, social media and websites that identify the potential treatment windows for specific areas.

· Use temporary area, trail, and road closures to ensure public safety during spray operations.

· Notify grazing permittees that application will be conducted and of the specific time frames in which treatment will occur to allow the option to remove grazing animals from the area.

Project Safety/Security:

The Contractor shall keep and maintain policies and procedures necessary to ensure safety of operations. The development and maintenance of these protocols are a material part of the performance of the contract. When, in the sole judgment of the Contracting Officer, the safety programs do not adequately promote the safety of operations, the Government may terminate the contract for cause as provided in the “Contract Terms and Conditions”. Examples of such programs are but not limited to: 1) Personnel Activities, 2) Maintenance, 3) Safety and 4) Compliance with Regulations.

The Contractor shall fully cooperate with the Contracting Officer in the fulfillment of this clause. The Contracting Officer may suspend performance of this contract work during the evaluation period used to determine cause as stated above.

The Contractor shall comply with all Government Safety and Health regulations and the Department of Labor Occupational Safety and Health (OSHA) standards, and Department of Transportation (DOT) regulations. The Contractor is solely responsible for the safe operation and performance of Contractor-owned equipment used in the execution of this contract. Likewise, the Contractor is solely responsible for providing security from tampering or vandalism to Contractor-owned equipment used in the execution of the contract.

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

Spills and accidents-The Contractor shall be responsible if accidents and chemical spills occur. The Contractor shall report immediately spills and accidents to the USFS and PF authorized officers and appropriate local authorities. The Contractor shall provide immediate treatment of contaminated or injured persons and seek professional medical attention when necessary. The Contractor shall control chemical spills quickly and shall secure additional help when the Contractor cannot effectively or safely handle the spill cleanup. Spills will be the responsibility of the Contractor and shall be cleaned up to the satisfaction of the local authorities.

REPORTING ALL WILDFIRES

Contractor's employees shall report all fires to any of the following Forest Service facilities and/or personnel listed below, but not necessarily in the order shown:

Emergency

Payette Interagency Dispatch Center

208-425-8613

208-382-7400

Fire Management Officers

When reporting a fire, provide the following information:

Your Name:

Call back telephone number:

Project name:

Location; Legal description (Township, Range, Section); and

Descriptive location (Reference point):

Fire Information:

Acres;Rate of Spread; and Wind Conditions Communications:

The Contractor shall provide a communication system so that Contractor personnel, and Government project inspectors can communicate at all times with each other to discuss implementation and performance matters or safety issues.

Prior to project implementation, the Government and the Contractor shall hold a pre-work communications and safety briefing and an all systems check. The Government may require a daily comms and safety briefing as well, where necessary.

Deliverables:

Daily progress reports shall be provided to the COR/Technical Specialist at the end of each operational period or the next day during the morning briefing. Typically, this is done verbally or via mobile device but may be requested formally via email or digital document. At a minimum a progress report will include how many acres were treated, which units were completed, and where treatment will start during the next operational period, but may also include additional information, such as the amount of herbicide delivered and applied, up to daily GPS and treatment records The COR/Technical Specialist will communicate which information and method of communication will be expected for daily progress report to the Contractor prior to starting work on the contract.

Required deliverable products once contract work is completed includes:

· GPS files as ESRI feature classes/geodatabase or KML/KMZ with a minimum of location, timestamp, and “sprayer on/sprayer off” information.

· Daily treatment records for all herbicide applications which shall include all legally required data for herbicide application in Idaho.

· Any necessary or relevant field notes (may be contained in the treatment records).

· Any relevant photographs of work areas, materials/supplies and equipment delivered and delivery condition, and/or infestations treated.

Spatial deliverable products shall be provided as zip files or on external drives. Documents shall be in PDF, Microsoft Word, or Microsoft Excel formats.

The deliverables shall be provided to and approved by the COR prior to the Contractor submitting invoices for payment. The Contractor shall submit the deliverables to the COR as specified no later than two weeks after completion of field work. Delivery of these products is necessary for the COR to approve the submitted invoice. Failing to provide deliverable products in a timely manner shall constitute non-performance and may be grounds for contract termination for failure to perform.

Equipment:

The Contractor shall spray designated areas in conformance with these specifications, the Detailed Specifications, and the herbicide label. Unless otherwise specified, the Contractor shall furnish all equipment, labor, supplies, and materials required to complete the job. The Contractor shall furnish properly outfitted equipment with applicators experienced in applying herbicides in varied and rough terrain. The Contractor shall service and repair their equipment as necessary to maintain satisfactory progress on work. Contractor is responsible for all costs incidental to equipment mobilization and demobilization associated with the project.

Spray equipment

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

B. Spray Nozzles - Contractor shall furnish a nozzle type that is designated for the intended application. Refer to the Label for proper nozzles.

2.1 Key Personnel and Required Qualifications or Certifications Contractors Key Personnel:

Contractor Representative- Provide an on-site Contract Representative who will oversee the performance of the work specified in this contract. Designate in writing to the CO, the name of the contract representative and an alternate(s) who shall have the authority to act for the Contractor on all contract matters relating to daily operation of the contract. The Contractor’s Representative and alternate(s) must have a minimum of supervision and operational experience as well as be able to read, write, speak, and understand English. Notify the CO/COR at least 10 workdays in advance of any subsequent change of personnel in this position. Replacement personnel shall have the same level or better experience as the person being replaced.

Foreman/Forewoman- Will be responsible for on-site supervision, crew management, safety compliance, and quality control.

Quality Control Inspector- Will be responsible for ensuring work (spraying/application) meets the contract specifications and must adhere to the quality control plan that has been accepted by the government. They must also document daily operations and compliance, providing these records to the Contracting Officer, Contracting Officer Representative, and Government Technical Monitors.

Ground Support Crew – All certifications/licenses required Idaho State Professional/Apprentice Pesticide Applicator’s License with applicable endorsements or direct supervision of a properly licensed applicator consistent with Idaho State Pesticide Applicator Regulations.

The Forest will ask who these individuals will be for e the entire contract if there is a change needed it must be in writing and submitted to the Contracting Officer for approval within 7 business days of the change.

Government Key Personnel for this project:

Steve Clezie- Intermountain Region- Fire Management Planning Specialist, Contracting Specialist, Serving as Contracting Officer Representative for this contract.

Jonathan Foster- Payette National Forest Range/Invasive Program Manager, Serving as Government Technical Monitor for this contract Robert Bumgarner-Weiser Ranger District Rangeland Management Specialist, Serving as Government Technical Monitor for this contract

3. PROJECT LOCATION AND DESCRIPTION

Lava Fire- South from Council to Indian Valley Road. Continue 6.8 miles till Little Weiser Road. Continue for 9.2 miles to the National Forest Boundary. See attached map Limepoint Fire- 26 miles north on Council-Cuprum Road. See attached map

4. INSPECTION AND ACCEPTANCE:

Quality assurance will be performed by the COR and Government Technical Monitors during execution of the contract at regular intervals. Methods may include visual surveys, quantitative evaluation, random sampling, photo points, transect samples, or entire inspection of the work.

Work that does not meet the contract requirements will be brought to the Contractor's attention, and the Contractor will be given the opportunity to remedy the defective performance at no additional cost to the Government. Repetitive or continuous failure to meet contract requirements may result in a quality adjustment to payment, the Contractor's right to proceed may be terminated, or the contract may be terminated for failure to perform.

The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is to provide quality assurance to ensure contract standards are met. The contractor is required to submit a Quality Control plan prior to contract implementation.

A Contractor quality control plan should address elements such as work quality, project management, timeliness of project completion, responsiveness to Government feedback and concerns, completeness and accuracy of record-keeping, and regulatory compliance.

Contractor shall also describe corrective or preventive actions that shall be taken if quality standards are not met and how Contractor will respond to Government concerns related to quality.

Records of quality inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract.

Non-acceptance of work until quality control work is accomplished.

Withhold payment.

Non-acceptance of work until quality control work is accomplished.

Withhold payment.

Withhold payment.

(2) Monitoring during & after application using droplet cards (Exhibit 4)

(3) Final approval by COR & TMs. (cont’d)

(4) Government may conduct random sampling tests of application rates and coverage (100 foot or 100 step transects in representative areas in dispute) once herbicide injury is evident.

Contractors are required to rework any area in a unit that fails to meet the cover standards.

Non-acceptance of work until treated to the AQL levels.

Withhold payment.

Withhold payment.

Non-acceptance of work until treated to the Acceptable Quality Levels.

Withhold payment

Withhold payment.

4.1

FAR 52.246-4: INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

a. Definition. “Services”, as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

b. The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

c. The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

d. If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, with no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

e. If any of the services do not match contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, with no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—

1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

2) Reduce the contract price to reflect the reduced value of the services performed.

f. If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

2) Terminate the contract for default.

4.2

CONTRACTOR INSPECTION PROCEDURES

(A) General Instructions

1) The Contractor shall conduct inspections of i.e., treatment units and record the results using procedures described herein. Inspections shall be maintained concurrently with contract work. Completed inspection forms shall be made available to the Government within 24 hours of completion of each. i.e., treatment unit will remain part of the permanent contract file.

2) By submission of inspection forms to the Government, the Contractor is considered to be certifying that the unit is satisfactorily completed and that the inspection forms reflect the work accomplished.

3) The Contractor shall submit legible inspection forms. Illegible and incomplete forms shall be returned to the Contractor for correction and re-submission.

4) In the event the Contractor falsifies inspection results, as determined by the Contracting Officer, the Government may declare the Contractor to be in default of the contract. Additionally, the Government may refer such falsifications to the US Attorney’s Office for possible prosecution pursuant to 18 U.S.C. 1001 (Falsification of Government Documents) or 18 U.S.C. 287 (Fraud).

4.3

GOVERNMENT INSPECTION PROCEDURES – COMPLIANCE INSPECTION:

(A) The COR, or the Government Technical Monitor, will conduct compliance inspections while work is in progress, usually daily at first, to ensure that work is proceeding satisfactorily. Compliance inspections will be accomplished by 100 percent visual inspection of each treatment unit and will be based on adherence to the required specifications / cutting prescriptions.

(B) The Contractor shall notify the COR and the Government Technical Monitors when units are completed prior to his moving out of the general area. Compliance inspections will be conducted within three (3) business days of completion of treatment units and the Contractor notified of any part of the unit(s) requiring additional work or rework.

Work will be accepted on the basis of visual inspection for compliance with specifications on areas reported as completed by the Contractor.

5. COMMENCEMENT PROSECUTION, AND COMPLETION OF WORK

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than November 30, 2027.

6. POST AWARD CONFERENCE

A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award. The conference will be held at the Payette National Forest Supervisor’s Office, 500 Mission Street McCall, Idaho 83638 or virtually via a Microsoft Teams meeting established between the COR/Government Technical Monitors and the contractor.

7.

EVALUATION CRITERIA:

Contractor must send a technical proposal that addresses the evaluation factors below:

Each of the parts listed below (Price, Relevant Past Performance, Experience/Key Personnel, Ability to Meet Performance Period, and Submittals) shall be submitted in one email as separate attachments/documents (so evaluation of one document may be accomplished independently from the others). Pages that exceed limitations will not be evaluated. Pages will be evaluated in order received. DO NOT provide cover pages or pictures. A page is defined as one side of a sheet of paper. Do not use less than 10-point Font. At a minimum, the Contractor’s quote must clearly provide the following:

1. Relevant Past Performance (Not to Exceed 3 pages):

Contractor shall complete the separately attached “Relevant Past Performance Form” for up to three projects of similar magnitude they have completed within the last three years. Projects shall be of similar size, nature, and complexity. If Contractor has no relevant past performance history, the Contractor must affirmatively state that it possesses no relevant past performance history.

2. Technical Approach:

Technical approach is a measure of the degree to which the Offeror presents their understanding of the requirements and the challenges of this project as well as their ability to mitigate those challenges and complete the project as specified. The technical proposal shall address the following information:

A. Experience/Key Personnel

Contractor’s foreman/forewoman and quality control inspector are positions considered to be the key to successful performance of the contract. Quoter shall provide a list of key personnel with names, job titles, years of experience similar to this project’s chemical spraying, and a brief experience summary for each of the personnel listed. List shall identify the foreman and quality control inspector at a minimum. Foreman and quality control inspectors identified as part of the technical proposal will be incorporated into the resultant contract and these key personnel shall not be replaced without acceptable justification provided with advance written request at least three business days prior to desired replacement. Any replacement of key personnel shall have experience equal to or greater than originally identified key personnel.

B. Quality Control- Describe who is responsible for Quality Control and how you intend to inspect and ensure work is performed within the acceptability threshold.

C. Work Plan: The staffing and equipment available to perform this work during the contract period. What is your work plan to accomplish the requirements of this contract?

3. Ability to Meet Performance Period (Not to Exceed 1 page):

Contractor shall provide a statement indicating whether or not they can meet the requirements of this project within the specified timeframe AND verify they can start work by July 01, 2026.

4. Price (LMIR BPA Form Schedule of Items):

Contractor shall fill out the LMIR BPA Call Form provide pricing as requested in the Schedule of Items including completion and signing of requested company information. Include unit pricing and totals for all items. Failure to do so may result in the quote being rejected without further consideration. All pricing shall be rounded to the nearest cent and not extend to more than two decimal places. Unit prices will govern any totaling errors unless otherwise determined by the Contracting Officer.

In order to be accepted for this award, all information requested in the above specifications must be included in the contractor’s quote submission, Idaho State Professional Applicator’s license’s spill containment and safety plans, and other requirements listed above.

The Government will consider the relevance of past performance information obtained in relation to the scope of this procurement with respect to both similar efforts, and the length, scope, number, complexity, and diversity of contracts completed by the firm. Past performance, either positive or negative, which is considered by the Government to be more closely related to the scope of this effort, will be given additional weight in the evaluation process.

Government evaluators may avail themselves of various federal, state, and local past performance databases. The Government may research offeror performance on any federal, state, local, and commercial contract performance of the offeror that is known to the Government, but not included on the submitted performance information. Additionally, the personal experience and evaluator knowledge of offeror performance may be utilized.

Quotes will be evaluated in two steps:

Step 1: The Technical Proposals (Relevant Past Performance and Technical Approach) will be evaluated and ranked according to the following criteria. Technical ratings will be as follows: Outstanding, Satisfactory, Marginal, Unacceptable. Ratings of ‘Marginal’ or ‘Unacceptable’ will not be evaluated further. Technical Criteria includes Relevant Past Performance and Technical Approach (Experience and Key Personnel, Quality Control, and Work Plan). Quotes must be signed. Those that do not meet the requirements will be marked unresponsive. Acceptable quotes will then be evaluated under Step 2.

Step 2: This contract will be awarded based on best value to the government, and not simply low cost. Cost will be considered only after the preceding three evaluation criteria are evaluated and will be the deciding factor if all others are considered equal.

Price: The degree of importance of the price will increase with the degree of equality of the proposals in relation to the other factors on which selection is to be based, or when the price is so significantly high as to diminish the value of the technical superiority to the Government.

The Government may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the offeror’s best terms from a cost or price and technical standpoint. However, if considered necessary by the Contracting Officer, discussions will be conducted with only those offerors determined to have a reasonable chance for award.

The Government reserves the right to make an award to other than the lowest-priced offeror or to the offeror with the highest non-price evaluation if the Contracting Officer determines that to do so would result in the greatest value to the Government.

8.

CONTRACTING OFFICER’S REPRESENTATIVE:

COR contact information will be provided upon award.

9.

LIST OF ATTACHMENTS

The following attachments are made as part of this solicitation and any resultant contract.

Payette National Forest Approved Chemical List

(lbs. active ingredient [ai] or acid equivalent [ae]acre) Ground Application Buffer from ordinary high-water mark (ft)

4.0 lb./ae/acre/year

(0.12. lb. ai/acre/year)

2.0 lb. ai/acre/year

4.0 lb. ae/acre/year

DPX 5648

0.03–0.281 lb. ai/acre/app

0.03–0.38 lb. ai/acre/year

Herbicide and Herbicide Requirements

(lbs. active ingredient [ai] or acid equivalent [ae]acre) Ground Application Buffer from ordinary high-water mark (ft)

And

Mitigation Measures

4.0 lb./ae/acre/year

2. The Forest will not use 2,4-D within ¼ mile of occupied NIDGS habitat

3. If the use of 2,4-D is proposed within, or ¼ mile from, modeled habitat, the Forest will coordinate with the Level 1 team to agree upon potential timing and application restrictions