Sol_140L2621Q0060.pdf

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CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

LDA

BOISE ID 83709

1387 S. VINNELL WAY

BLM ID STATE OFC HR&ADMN (ID953)

0004276376 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLDA

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/12/2021 1000 MD

07/29/2021

(208) 373-3910Patricia Fort (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L2621Q0060

5. SOLICITATION NUMBER

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

1 49 0040533351OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

IDAHO FALLS ID 83401

1405 HOLLIPARK DRIVE

BLM-ID UPPER SNAKE FIELD OFFICE (ID

15. DELIVER TO

BOISE ID 83709

1387 S. VINNELL WAY

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2. CONTRACT NO.

EFFECTIVE DATE

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THIS CONTRACT IS A

RATED ORDER UNDER

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13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

BLM ID-STATE OFC HR&ADM SVC (ID953)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

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UNIT PRICE

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UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 07/31/2022 Period of Performance: 10/01/2021 to 07/31/2022

00010 HWY 33 NOXIOUS WEED PROJECT

Product/Service Code: F006 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- LAND TREATMENT PRACTICES

Continued ...

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HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Patricia Fort

. YOUR OFFER ON SOLICITATION (BLOCK 5),

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STANDARD FORM 1449 (REV. 2/2012) BACK

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49 2 of

SOLICITATION NO: 140L2621Q0060

TITLE: Hwy 33 Noxious Weed Inventory & Treatment Page 3

INFORMATION TO PROSPECTIVE QUOTERS

This is a combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Firm, fixed-price quotes are requested under Request for Quotation (RFQ) Solicitation number 140L2621Q0060. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2021-06. This solicitation is set-aside for small business under North American Industry Classification System (NAICS) code 115310. The Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $20.5 Million.

No Site Visit will be held

Due Date: Thursday, August 12, 2021, at 10:00 MDT. Quotes will be accepted via Email at pfort@blm.gov.

Offerors must be registered and active in the System for Award Management (SAM) database found at https://www.sam.gov.

In accordance with this Solicitation Section 4 - Solicitation Provisions

See FAR 52.212-2 Evaluation - Commercial Items

The overall proposal shall consist of a completed Standard Form 1449, completed Bid Schedule, and a detailed work plan that demonstrates the capability to meet the technical aptitude of the Statement of work.

To expedite the handling of your quotation, please check the following items:

❏ Is the unit price legible?

❏ Is the extended price correct?

❏ Have you initialed any changes or erasures?

NOTE: SUBMIT ONLY REQUESTED ITEMS ABOVE, NOT THE ENTIRE SOLICITATION

mailto:pfort@blm.gov https://www.sam.gov/

TITLE: Hwy 33 Noxious Weed Inventory & Treatment Page 4

TABLE OF CONTENTS

Section 1: Solicitation/Contract Form See Standard Form 1449

Section 2: Contract Clauses 15

Section 3: List of Documents, Exhibits, and Other Attachments 29

Section 4: Solicitation Provisions 33

TITLE: Hwy 33 Noxious Weed Inventory & Treatment Page 5

SECTION 1: BID SCHEDULE

Offerors are to complete Block 17a and blocks 30 - 31 of the SF-1449.

HWY 33 NOXIOUS WEED INVENTORY & TREATMENT CONTRACT

Item Number Item Description

Estimated Quantity

Unit of Measure Unit Price Total

0001 Hwy 33 Noxious Weed Inventory & Treatment 13,769* Acre $ $

TOTAL (ALL OR NONE) $

PROPOSED SCHEDULE

Item Description Number of Crews & Each Crew Size

Estimated Quantity Per Day

Estimated Date of Completion

Hwy 33 Noxious Weed Inventory & Treatment - 13,769* acres

_____/_____ _________ Acres _____/_____/_____

*GIS Calculated Quantity Estimated Start Date: 10/1/2021 PERIOD OF PERFORMANCE: 92 working days Total Estimated Acres: 13,769

TITLE: Hwy 33 Noxious Weed Inventory & Treatment Page 6

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

NOXIOUS WEED INVENTORY & TREATMENT

Item 0001 - Hwy 33 Noxious Weed Inventory & Treatment

1. Approximate Acreage: The inventory area is approximately 13,769 acres. Grid inventories are required at 50-yard spacing between ATV’s/UTV’s or by foot with 100% coverage of project boundary. It is anticipated that the total treated (sprayed) area will be up to 3% (413 ac.) of the total area. If the project requires more than 413 acres to be treated, a stop work order will be issued to determine how the government will proceed.

2. Location of Work Site as shown on Work Location Map: The Hwy 33 project area is located approximately eleven (11) miles west of Rexburg, Idaho. It lies within portions of Jefferson and Madison Counties (see Project Map). The areas to be inventoried and treated were recently burned in 2017 and 2019. While several parcels of state and private land are within or adjacent to the project boundary, only BLM-administered lands will be inventoried under this contract.

3. Requirements of Equipment to be supplied by the Contractor: Sufficient to meet specifications of the contract. Contractor will be required to stage along roadsides or pull-out areas void of tall vegetation.

Contractor needs to be cautious of ATV/UTV muffler in tall vegetation when stopped. ATV’s/UTV’s must have a spark arrestor installed and have a current registration with the State of Idaho. Work crews will be required to carry fire suppression tools when travelling cross-country including a shovel, bladder bag and an ABC fire extinguisher. Immediately notify Eastern Idaho Interagency Fire Center (208) 524-7600 if fire is started or discovered. Idaho Fire Restrictions Plan will be followed.

4. Work Crew Requirements: Work crews for handling and mixing of chemical and loading equipment shall be furnished by the Contractor. Work crews should be well trained in Idaho noxious weed identification specifically, Black Henbane (Hyoscyamus niger), Houndstongue (Cynoglossum officinale), Canada Thistle (Cirsium arvense), Leafy Spurge (Euphorbia esula), Musk Thistle (Carduus nutans), Rush Skeletonweed (Chondrilla juncea), Russian Knapweed (Acroptilon repens), Scotch Thistle (Onopordum acanthium), Spotted Knapweed (Centaurea stoebe), White Bryony (Bryonia alba) and Whitetop (Hoary cress), though other noxious weed species may be present. Idaho’s noxious weed list can be found at https://invasivespecies.idaho.gov/plants/. In addition to the 67 weed species designated by the state of Idaho as noxious, crews will also be responsible for recording any sightings of Medusahead (Taeniatherum caput-medusae) and North African grass (Ventenata dubia). While these species have not yet been documented within the Upper Snake River Plain, the potential for these two species to invade newly disturbed areas is high.

5. Herbicide: Herbicides will be stored at the Idaho Falls BLM yard and then taken to a location nearest to the project site that will be mutually agreed on by BLM and the contractor. This site will be identified on the location maps once agreed on by both the Government and the contractor. Initial herbicide amount supplied with additional herbicide delivered by the Government with two business day notice. Return any un-used herbicide concentration to Idaho Falls BLM facility upon project completion. Contractor required to mix only the herbicide amount needed for the day of applications. Disposal of mixed herbicide is the responsibility of the contractor. Contractor is required to have locked storage for herbicide concentrate containers and keep herbicide locked-up while unattended. The capacity of the locked storage should be large enough for 25 gallons of herbicide in 2.5-gallon individual containers. Contractor is responsible for any/all spill occurrences. Contractor is required to immediately notify COR if spill occurs on BLM land.

https://invasivespecies.idaho.gov/plants/

TITLE: Hwy 33 Noxious Weed Inventory & Treatment Page 7

6. Kind of Chemical: Aminopyralid or Picloram + 2, 4-D. Trade names; Milestone, Tordon 22K, Picloram 22K, Outpost 22K, 2,4-D Amine 4, Alligare 2,4-D Amine. Leafy spurge must be treated with Picloram + 2,4-D combination. Either chemical combination is acceptable for all other noxious weed species.

Herbicide will be provided by the Government.

7. Rate of Application: The recommended chemical herbicide application rate for Aminopyralid + 2,4-D will be seven (7) ounces of Aminopyralid per acre + one (1) pint of 2,4-D per acre, and for the Picloram + 2,4- D will be one (1) quart of Picloram per acre + one (1) pint of 2, 4-D per acre. Hand or spot applications on single plant sites and boom or hand applications on all infestations discovered will be required.

8. GPS: A Trimble GPS or equivalent data collection unit is required. Collected data will consist of species, location, and approximate size of infestation. Contractor is required to map all areas discovered.

Infestations will be mapped according to the BLM NISIMS Data Standard. GPS tracklog lines will be recorded at all times where inventories are conducted. GPS data will be recorded in UTM NAD 1983 Zone 12N and uncorrected GPS files will be submitted to the COR upon project completion.

9. Photos: Photos will be taken of each noxious weed species discovered. At least one photo per mapped species will be required. The photo may be taken with a camera, cell phone, or other device, but the photo must clearly depict the distinguishable features of the plant to allow for identification.

10. Remarks and Other Requirements: Fall treatments will begin the week of October 1, 2021, while late spring/early summer surveys and treatments will likely begin June 1, 2022 and continue until all areas are surveyed/treated. Hand or spot applications on single plant sites and boom or hand applications on all infestations discovered will be required. Apply Aminopyralid, Picloram+2, 4-D in accordance with these specifications, the Detailed Specifications in this contract, and the Herbicide Label. Controlling drift is the responsibility of the Applicator. BLM pesticide application records need to be filled out daily within 24 hours of application and submitted to USFO at completion of project. BLM pesticide application records will be provided by the Government at the contractor/contracting officer meeting.

1.0 GENERAL

1.1 The purpose of this contract is to secure services for on-the-ground inventorying for the presence of noxious weeds and herbicide spraying of discovered noxious weeds. All services will be done on-the-ground with ATV’s, UTV’s, or by foot. The Contractor shall furnish all labor, equipment, tools, materials, supervision, supplies, and incidentals; and perform all work necessary to complete the specifications in this contract. Herbicide will be provided by the Government.

1.2 The Contractor’s applicators shall hold a current Idaho Professional Applicator License in the Agricultural Pesticide Category. The Government will inspect each applicator for their current Idaho Professional Applicator’s License in the Agricultural Pesticide Category before work on this contract.

1.3 The common noxious weed species that have been documented and may be encountered within the project area include: Black Henbane, Houndstongue, Canada Thistle, Leafy Spurge, Musk Thistle, Rush Skeletonweed, Russian Knapweed, Scotch Thistle, Spotted Knapweed, White Bryony, and Whitetop.

1.4 The Contractor shall stop operation if inclement weather conditions (wind or rain) occur during the spraying operation. (See section 5.0 Execution of Work)

TITLE: Hwy 33 Noxious Weed Inventory & Treatment Page 8

1.5 Applicator Logs

A. The Contractor shall maintain a daily written log or 'Daily Herbicide Application Record', which will be provided by the Government.

B. This log or record shall be signed by applicator operator and turned into the Project Inspector. The Project Inspector will check the Contractor’s equipment to ensure proper operation and the Contractor shall demonstrate that the work crews are properly trained in the identification of noxious weed identification.

1.6 The Government will pay for inventory/treatment by the treated acre upon submission of proper invoices, after acreage is determined to have been inventoried/treated by using the computer-generated shapefile from a Global Positioning System (See Section 4.5 – GPS).

1.7 The Contractor shall conduct herbicide spraying procedures safely and in accordance with the Label restrictions of the herbicide. (See Section 7.0 - Safety).

1.8 The Contractor shall follow Environmental Protection Agency (EPA) guidelines for application of herbicides (if applicable).

1.9 The Contractor shall strictly adhere to the herbicide label instructions.

1.10 The Government will have the option to inspect the Contractor's equipment and work before, during, and after completion of this contract.

1.11 The Contractor shall adhere to the Idaho Fire Restrictions Plan and will need to stop work if Stage II Fire Restrictions are implemented. Information regarding the Idaho Fire Restrictions Plan and Stage II Fire Restrictions can be found on www.idahofireinfo.com.

2.0 LOCATIONS

2.1 The Government will provide work location map(s) for all sites that are to be inventoried.

2.2 The Government will provide GPS perimeter data of the boundaries of all sites that are to be inventoried.

3.0 CHEMICALS

3.1 The Government will supply all the chemical herbicide necessary to complete the specifications of this contract. Unused concentrated herbicides will be returned to the Government upon completion of surveyed/sprayed areas. Contractor is responsible for disposal of mixed herbicide.

3.2 The recommended chemical herbicide application rate for Aminopyralid + 2,4-D will be seven (7) ounces of Aminopyralid per acre + one (1) pint of 2,4-D per acre, and for the Picloram + 2,4-D will be one (1) quart of Picloram per acre + one (1) pint of 2, 4-D per acre. Both chemicals will be applied with 15-40 gallons of water per acre. The contractor shall adhere to the application rate the label and the Government has determined for each site. The rate will be within the product label rate.

http://www.idahofireinfo.com/

TITLE: Hwy 33 Noxious Weed Inventory & Treatment Page 9

3.3 Adjuvants

A. Non-ionic or silicone-based surfactants will be used at manufacturer’s recommended rates. The surfactant will be supplied by the Government. Unused concentrated surfactant will be returned to the Government.

Contractor is responsible for disposal of mixed surfactant.

B. Drift agents may be used. If a drift control additive is used, read and carefully observe the cautionary statements and all other information appearing on the additive label. The Contractor shall provide the drift agent. Controlling drift is the responsibility of the Contractor.

C. If the Government desires that dye be used for marking sprayed areas, it will be provided by the Government.

D. All drift agents, surfactants and dyes shall be handled as chemicals. (See Section 7.0 - Safety).

E. No additional payment will be made to the Contractor for the use of Contractor furnished drift agents or Government-Furnished surfactant and dyes. These expenses shall be included in the unit price bid per acre for herbicide spraying.

4.0 EQUIPMENT

4.1 General: The Contractor shall inventory/treat designated areas in conformance with these specifications and the Detailed Specifications. Unless otherwise specified, the Contractor shall furnish all equipment, labor, supplies, and materials required to complete the job. The Contractor shall furnish properly equipped personnel experienced in identifying noxious weed species. The Contractor shall service and repair his/her equipment as necessary to maintain satisfactory progress on work. Contractor is responsible for all costs incidental to equipment move-in and move-out associated with the project.

4.2 Equipment

A. The Contractor shall furnish sufficient equipment to satisfactorily inventory the designated areas in the time specified as required in the Detailed Specifications. Equipment shall be capable of traveling at moderate speed. Contractor shall have communications with the Government by using cell phones.

4.3 Spray Equipment

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

B. Spray Nozzles: Contractor shall furnish a nozzle type that is designated for the intended application.

Refer to the Label for proper nozzles to comply with Drift Management Section.

C. Booms: Contractor shall furnish non-rust booms.

4.4 Work Crew

A. Applicators: Shall be furnished by the Contractor and shall meet certification requirements of Idaho Regulations for this type of work.

TITLE: Hwy 33 Noxious Weed Inventory & Treatment Page 10

B. Work Crew: Shall be furnished by the Contractor for inventorying for the presence of noxious weeds and loading/unloading of equipment. The Contractor shall furnish the necessary qualified mechanics for maintenance of equipment and shall furnish all fuel, oil, and service required for operation of equipment and vehicles. All expenses relating to maintenance and operation of equipment shall be included in the unit price bid per acre for herbicide spraying.

C. Work crews should be well trained in noxious weed identification in Idaho for all stages of development.

Work crews shall be well trained with the use of GPS units. A designated trained crew lead will need to be on-site during the duration of the project to secure project specification compliance.

4.5 Global Positioning System (GPS)

A. Requirement: A Trimble GPS or equivalent data collection unit that is capable of recording points, lines, and polygons. A data dictionary or geodatabase with required input fields will be provided to the contractor by the Government for data collection units.

B. Memory/Battery: Must be capable of storing and operating up to 8 hours of continuous project log data.

C. GPS data will be recorded in UTM’s with a Datum of North American Datum (NAD) 1983 (Conus) Zone 12 North.

D. Contractor required to log GPS tracklog lines during all times of on-the-ground inventories.

E. The contractor is required to log GPS locations of infestation areas according to the BLM NISIMS Data Standard, summarized below.

National Invasive Species Information Management System (NISIMS) Business Rules for GPS Mapping

a. Each infestation represents only one species; therefore, infestations may overlap. If multiple species are identified, then multiple infestation records should be generated.

b. Infestations of the same species must be 40 yards or 120 feet apart to be a unique infestation.

Infestations closer than 40 yards (120 feet) shall be treated as one infestation.

c. When collecting a point stand in the center of the feature.

d. Do not allow a polygon to intersect itself. End or complete feature before reaching starting point.

e. Infestation points need to have an appropriate size class associated with each point:

i. Less than 0.10 acre

ii. 0.10 – 0.50 acre

f. Infestations larger than 0.5 acre in size need to be mapped as a polygon.

5.0 EXECUTION OF WORK

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

TITLE: Hwy 33 Noxious Weed Inventory & Treatment Page 11

Progress Reports: Contractor will provide weekly progress summaries to the BLM Representative (COR and/or PI). Regular communication between BLM Representatives and the contractor is required to help alleviate any problems or potential delays.

5.2 Environmental Conditions

A. Work Period: Spraying Operations will be permitted only during daylight hours. The Contractor will have a foreman on site prior to commencing daily application, during application, and will notify COR or Project Inspector of changing weather conditions. The COR or Project Inspector will allow Contractor to continue or stop application if weather factors dictate. The COR or Project Inspector will give the permission to start, approximately one (1) hour from notification of conditions, depending on location of project from the Idaho Falls Field Office.

B. Wind: Spraying shall not be done when the wind is greater than 10 mph constant or is less than 2 mph or as specified in the Label. The Contractor shall follow the Label Section on Spray Drift Management - Wind. Local wind can influence wind patterns. Every applicator should be familiar with local wind patterns and how they affect drift.

C. Relative Humidity: Refer to the product label when making applications in low relative humidity conditions. Measurements can be obtained from local National Weather Service.

D. Site Conditions: No treatment spraying will be allowed under the following conditions:

1. Winds greater than 10 mph.

2. During a rain or snow.

3. Within 4 hours after rain or snow, unless approved in writing by the COR.

4. When there is obvious surface run-off on work site

5. Will not be directly applied to water.

6. Applicators will not be allowed to spray within 500 feet of agricultural crops or residences.

7. If Stage II Fire Restrictions are implemented as outlined in the Idaho Fire Restrictions Plan.

5.3 Surveying/Spraying

A. On-the-ground grid surveys required, 50-yard spacing between workers/applicators with 100% coverage of entire project boundary. Herbicide applications will be conducted on all noxious weed species found.

See Detailed Specifications.

B. Coverage: The entire area within the designated boundaries of the project area shall receive uniform coverage with the herbicide except for areas excluded by the Government. Areas excluded from the spraying operation within the designated boundaries, will not be included in the acreage computed for payment. Any areas not covered by the Contractor shall be reapplied or compensated by suitable contract adjustment, at the option of and at no additional cost to the Government. (See section 5.6 Field Quality Control and Section 5.9 Completion of Contract).

C. Rate of Spraying: Herbicide shall be applied as follows: The recommended chemical herbicide application rate for Aminopyralid + 2,4-D will be seven (7) ounces of Aminopyralid per acre + one (1) pint of 2,4-D per acre, and for the Picloram + 2,4-D will be one (1) quart of Picloram per acre + one (1) pint of 2, 4-D per acre. Contractor will be required to demonstrate that they can provide adequate and uniform coverage. Contractor shall furnish mixing equipment, suitable work crew, and perform mixing operation. Application formulation shall be applied thoroughly according to the Label and distributed over entire infested area. Distribution of herbicide shall not vary more than ten percent (10%) above or below the average distribution of herbicide per acre from that specified.

TITLE: Hwy 33 Noxious Weed Inventory & Treatment Page 12

D. Application Paths: Shall be patterned to secure a uniform distribution of herbicide. Avoid overlapping, and no stripping shall be allowed. Applicators will not be allowed to spray within 500 feet of agricultural crops or residences.

E. Application Height: Spray boom shall be set at a height to obtain proper distribution and uniform coverage of herbicide on target species. Contractor shall follow Herbicide Label instructions on Spray Drift Management to obtain proper boom height.

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

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

5.5 Field Quality Control: The Government representative will make tests to determine uniformity of herbicide application and survey compliance. Randomly spaced water sensitive cards or equivalent will be utilized.

A. Tests for Rate of Application: Rate of spraying will be determined from test applications and strip tests made prior to commencement of spraying operations to establish setting of the distribution mechanism.

B. GPS data from the Trimble GPS units will be used to ensure compliance of surveys. GPS lines will be recorded during all times of survey. GPS data will be used to create an ArcGIS shape file to determine surveyed areas.

5.6 Work Stoppages: The Contractor agrees to work diligently to complete the application of the herbicide.

The Government reserves the right to stop spraying operations at any time when conditions are considered sufficiently unfavorable to warrant stoppage. Stoppage shall continue until spraying operations are again authorized by the Government. Because of the nature of the work, any time for which work is suspended by the Government because of unsuitable spraying conditions or phase II fire restrictions will not be counted against the contract completion time. However, no monetary compensation will be given to the Contractor by reason of such work suspension.

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

5.8 Completion of Contract: The Contract will be considered completed and payment due when all areas furnished to the Contractor by the Government have been inventoried/treated to the standards specified above. Test for uniformity will be made at the time of spraying, and final completion of the contract will be determined by these tests.

5.9 Risk Damages: The Contractor shall assume all risks in connection with performance of the contract and shall be liable for any or all damages to persons or property in connection with the execution of work by employees of the Contractor.

TITLE: Hwy 33 Noxious Weed Inventory & Treatment Page 13

6.0 MEASUREMENT AND PAYMENT

6.1 Method of Measurement

A. Units: Survey’s and application of herbicide solution will be measured and paid for by the number of acres sprayed to the nearest whole acre.

B. Measurement: Measurement for payment for surveying/spraying will be the actual area, in acres, within the designated boundaries satisfactorily surveyed/sprayed in conformance with these specifications.

Measurement will be made from either physical surveys of the areas or a computer-generated shapefile created from GPS data at the option of Government. The shapefile will be used in ArcGIS for final acreage measurement. Acreages will be computed from horizontal distances as shown on maps at the option of Government.

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

6.2 Basis of Payment

A. Payment: Payment will be made at the unit price per treated acre specified in the Bid Schedule which is made a part hereof and shall include the cost of all work described in this paragraph and the Detailed Specifications, including any respraying, if such work is required.

7.0 SAFETY

7.1 Transportation of Herbicides: The Government shall be responsible for the transport of chemical herbicides used to fulfill the specifications of this contract to the contractor loading site. The Contractor shall secure herbicide containers in mixing area to prevent spillage. Government shall load and transport herbicide from the pickup point to the work sites and shall be responsible for its protection from loss or damage due to weather, rodents, insects, theft, or any other hazard. Any herbicide damaged or lost while in the custody of the Contractor will be replaced by the Government and actual cost to the Government for replacement will be deducted from payments due the Contractor. All unused herbicide shall be returned to the Government by the Contractor upon completion of work or termination of the contract.

7.2 Protective Clothing and Equipment for Contract Employees Exposed to Herbicides: The Contractor shall supply protective clothing and equipment to contract workers that guarantee minimal exposure throughout the herbicide application process. The Contractor shall follow 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.

7.3 Storage of Herbicides: Contractor required to have locked storage for herbicide concentrate containers and keep herbicide locked-up while unattended. The capacity of the locked storage should be large enough for 25 gallons of herbicide in 2.5-gallon sized individual containers.

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7.4 Mixing and Application of Herbicides

A. The Contractor shall mix herbicides in accordance with the proportions listed on the product labels. The Contractor shall provide adequate protective clothing and equipment for contract employees who mix the herbicides.

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

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

8.0 GLOSSARY

ACTIVE INGREDIENT: The chemicals in an herbicide which control the targeted brush species.

ADJUVANT: An inert material added to an herbicide formulation or tank mix to increase the effectiveness of the active ingredient.

DRIFT: The movement of airborne particles by air motion or wind away from the intended target area.

EMERGENCE: The act of a germinating seedling breaking through the soil surface.

ENDANGERED SPECIES: Plant or animal species that are in danger of extinction through all or a significant part of their range.

LABEL: All written, printed, or graphic matter on or attached to pesticide containers as required by law.

RATE: The amount of active ingredient or acid equivalent applied per unit area or other treatment unit.

THREATENED SPECIES: Plant or animal species that are not in danger of extinction but are likely to be classified as Endangered within the foreseeable future.

SENSITIVE SPECIES: Plant or animal species (as designated by the Idaho BLM State Director) that are managed by the BLM to ensure that agency actions do not contribute to the need to list any species as Threatened or Endangered in the future.

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SECTION 2 - CONTRACT CLAUSES

1. 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far#

52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions - Commercial Items (Oct 2018) 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

(Sept 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (Alt I) (Jul 1995) 52.223-6 Drug-Free Workplace (May 2001) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-2 Differing Site Conditions (Apr 1984) 52.242-15 Stop-Work Order (Aug 1989)

2. 52.212-5 Contract Terms and Conditions Required to Implement Statutes Or Executive Orders--Commercial Items. (Jul 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUNE 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

https://www.acquisition.gov/browse/index/far#

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XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (PUB. L. 111-117, section 743

OF DIV. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (PUB. L. 111-117, section 743 OF DIV. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12)(i)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved] XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) of 52.219-6. (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (iii) Alternate II (NOV 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (iii) Alternate II (MAR 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (JUN 2020) of 52.219-9.

__ (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

XX (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

XX (27) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

__ (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126) XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (30) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (31) 52.222-35, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C. 4212).

__ (ii) Alternate I (JULY 2014) of 52.222-35.

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XX (32) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

__ (ii) Alternate I (JULY 2014) of 52.222-36 __ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.13496).

XX (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 (22U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37)(i)52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

__ (40)(i)52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41)(i)52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (47) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a) __ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108- 77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

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__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management

(JUL 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (62)(i) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)) __ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

XX (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant…