L15PS00192_-_Statement_of_Work _Clauses_ _Provisions.pdf

BLM WILD HORSE & BURRO GATHER

REQUEST FOR PROPOSAL

L15PS00192

ISSUED 4/27/2015

Proposals due on or before: 5/27/2015 at 11:00 A.M. Mountain Time

NATIONAL OPERATIONS CENTER

DEPARTMENT OF INTERIOR

BUREAU OF LAND MANAGEMENT

DENVER FEDERAL CENTER

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS……………………………………………………………….. 4

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.246-4 INSPECTION OF SERVICES – FIXED PRICE (AUG 1996)

E.2 INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.242-15 STOP-WORK ORDER (AUG 1989)

F.2 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

F.3 PROCEDURES USED TO DETERMINE PERFORMANCE TIME FRAMES

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER'S REPRESENTATIVE (LCOR/COR) AND/OR PROJECT INSPECTOR (PI)

G.2 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET PAYMENT PLATFORM

(IPP) (APR 2013)

G.3 APPROPRIATION DATA

G.4 CORRESPONDENCE PROCEDURES

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 CRITERIA FOR ISSUING TASK ORDERS

H.2 BASIS FOR PAYMENT

H.3 WORK HOURS

H.4 PREWORK CONFERENCE

H.5 NOTICE TO PROCEED

H.6 POST AWARD

H.7 INDEMNIFICATION

H.8 PUBLICITY

H.9 AUTHORITY (APR 1998)

H.10 GOVERNMENT FURNISHED PROPERTY AND DATA

H.11 KEY PERSONNEL

H.12 CONFIDENTIALITY OF INFORMATION

H.13 TECHNICAL DIRECTION

H.14 MANDATORY INSURANCE COVERAGE

H.15 OTHER CONTRACTS

H.16 HEALTH AND SAFETY

H.17 STATE AND LOCAL TAXES

H.18 ORDERING PROCEDURES

H.19 TASK ORDER OMBUDSMAN

H.20 CONTRACTOR PERSONNEL SECURITY AND SUITABILITY REQUIREMENTS

SECTION I – CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.2 52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION) (JUL 2014)

I.3 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

I.4 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987)

I.5 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) I.6 1452.203-70 RESTRICTIONS ON ENDORSEMENTS – DEPARTMENT OF THE INTERIOR (JUL 1997)

I.7 1452.228-70 LIABILITY INSURANCE – DEPARTMENT OF THE INTERIOR (JUL 1996)

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

K.2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

K.3 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

K.4 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014)

K.5 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT,

AND OTHER RESPONSIBILITY MATTERS (APR 2010)

K.6 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)

K.7 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

K.8 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L.1 FALSE STATEMENTS IN OFFERS

L.2 EXPENSES RELATED TO OFFEROR SUBMISSIONS

L.3 NUMBER OF AWARDS

L.4 CLASSIFIED MATERIAL - NONE

L.5 DISPOSITION OF REQUEST FOR PROPOSAL (RFP) MATERIALS AND PROPOSALS

L.6 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (JUL 2013)

L.7 52.215-1 INSTRUCTIONS TO OFFERORS-COMPETITIVE ACQUISITION (JAN 2004),

ALTERNATE I (OCT 1997)

L.8 52.216-1 TYPE OF CONTRACT (APR 1984)

L.9 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

L.10 1452.233-2 SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR (JUL 1996) (DEVIATION)

L.11 SUBMISSION PROCEDURES FOR OFFERS

L.12 PROPOSAL PREPARATION INSTRUCTIONS-GENERAL

L.13 PROPOSAL PREPARATION INSTRUCTIONS - VOLUME I, OFFER AND OTHER DOCUMENTS

L.14 PROPOSAL PREPARATION INSTRUCTIONS - VOLUME II, PAST PERFORMANCE

L.15 PROPOSAL PREPARATION INSTRUCTIONS - VOLUME III, TECHNICAL CAPABILITY

L.16 PROPOSAL PREPARATION INSTRUCTIONS - VOLUME IV, PRICE PROPOSAL

L.17 PROPOSAL SUBMISSION CHECKLIST

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

M.2 TECHNICAL PROPOSAL EVALUATION COMMITTEE (TPEC)

M.3 INITIAL REVIEW

M.4 OVERALL RELATIVE IMPORTANCE OF EVALUATION FACTORS

M.5 EVALUATION CRITERIA

M.6 EVALUATION PROCESS

M.7 AWARD OF CONTRACT

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

BASE YEAR – July 1, 2015 through June 30, 2016 OPTION YEAR 1 – July 1, 2016 through June 30, 2017 OPTION YEAR 2 – July 1, 2017 through June 30, 2018 OPTION YEAR 3 – July 1, 2018 through June 30, 2019 OPTION YEAR 4 – July 1, 2019 through June 30, 2020

MINIMUM QUANTITY

The guaranteed minimum for each contract awarded, over the life of the contract (including base year and all options), will be $750,000.00.

MAXIMUM QUANTITY

The maximum quantity that may be ordered is $15,000,000.00 per contract awarded, including the base year and option years that are exercised.

Award will be made on an All or None Basis, therefore, offerors must propose on all line items to be considered eligible for award.

ARIZONA

QUANTITY UNIT BASE YEAR OPTION YEAR 1 OPTION YEAR 2 OPTION YEAR 3 OPTION YEAR 4

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

11 to 24 Head

25 to 50 Head

51 to 75 Head

76 to 100 Head

101 to 125 Head

126 to 150 Head

151 to 175 Head

176 to 200 Head

201 to 225 Head

226 to 250 Head

251 to 275 Head

276 to 300 Head

301 to 325 Head

326 to 350 Head

351 to 375 Head

376 to 400 Head

BASE

YEAR

OPTION

YEAR 1

OPTION

YEAR 2

OPTION

YEAR 3

OPTION

YEAR 4

COST PER DAY, PER HEAD, TO FEED AND

WATER CAPTURED ANIMALS(Feed Day)

TRANSPORTATION COST PER LOADED MILE

TO ALL FACILITIES – SEMI TRUCKS

TO ALL FACILITIES – STOCK TRAILERS

HOULY RATE FOR HELICOPTER TIME

BASE DAILY OPERATIONAL COST

CALIFORNIA

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

11 to 24 Head

25 to 50 Head

51 to 75 Head

76 to 100 Head

101 to 125 Head

126 to 150 Head

151 to 175 Head

176 to 200 Head

201 to 225 Head

226 to 250 Head

251 to 275 Head

276 to 300 Head

301 to 325 Head

326 to 350 Head

351 to 375 Head

376 to 400 Head

401 to 450 Head

451 to 500 Head

501 to 550 Head

551 to 600 Head

601 to 650 Head

651 to 700 Head

701 to 750 Head

751 to 800 Head

OPTION

YEAR 1

OPTION

YEAR 2

OPTION

YEAR 3

OPTION

YEAR 4

COLORADO

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

11 to 24 Head

25 to 50 Head

51 to 75 Head

76 to 100 Head

101 to 125 Head

126 to 150 Head

151 to 175 Head

176 to 200 Head

201 to 225 Head

226 to 250 Head

251 to 275 Head

276 to 300 Head

301 to 325 Head

326 to 350 Head

OPTION

YEAR 1

OPTION

YEAR 2

OPTION

YEAR 3

OPTION

YEAR 4

IDAHO

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

11 to 24 Head

25 to 50 Head

51 to 75 Head

76 to 100 Head

101 to 125 Head

126 to 150 Head

151 to 175 Head

176 to 200 Head

201 to 225 Head

226 to 250 Head

251 to 275 Head

276 to 300 Head

301 to 325 Head

326 to 350 Head

OPTION

YEAR 1

OPTION

YEAR 2

OPTION

YEAR 3

OPTION

YEAR 4

MONTANA

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

11 to 24 Head

25 to 50 Head

51 to 75 Head

76 to 100 Head

101 to 125 Head

126 to 150 Head

151 to 175 Head

176 to 200 Head

OPTION

YEAR 1

OPTION

YEAR 2

OPTION

YEAR 3

OPTION

YEAR 4

NEVADA

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

11 to 24 Head

25 to 50 Head

51 to 75 Head

76 to 100 Head

101 to 125 Head

126 to 150 Head

151 to 175 Head

176 to 200 Head

201 to 225 Head

226 to 250 Head

251 to 275 Head

276 to 300 Head

301 to 325 Head

326 to 350 Head

351 to 375 Head

376 to 400 Head

401 to 450 Head

451 to 500 Head

501 to 550 Head

551 to 600 Head

601 to 650 Head

651 to 700 Head

701 to 750 Head

751 to 800 Head

801 to 900 Head

901 to 1,000 Head

1,001 to 1,200 Head

1,201 to 1,300 Head

OPTION

YEAR 1

OPTION

YEAR 2

OPTION

YEAR 3

OPTION

YEAR 4

NEW MEXICO

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

11 to 24 Head

25 to 50 Head

51 to 75 Head

76 to 100 Head

101 to 125 Head

126 to 150 Head

151 to 175 Head

176 to 200 Head

201 to 225 Head

226 to 250 Head

251 to 275 Head

276 to 300 Head

301 to 325 Head

326 to 350 Head

351 to 375 Head

376 to 400 Head

401 to 450 Head

451 to 500 Head

501 to 550 Head

551 to 600 Head

OPTION

YEAR 1

OPTION

YEAR 2

OPTION

YEAR 3

OPTION

YEAR 4

OREGON

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

11 to 24 Head

25 to 50 Head

51 to 75 Head

76 to 100 Head

101 to 125 Head

126 to 150 Head

151 to 175 Head

176 to 200 Head

201 to 225 Head

226 to 250 Head

251 to 275 Head

276 to 300 Head

301 to 325 Head

326 to 350 Head

351 to 375 Head

376 to 400 Head

401 to 450 Head

451 to 500 Head

OPTION

YEAR 1

OPTION

YEAR 2

OPTION

YEAR 3

OPTION

YEAR 4

UTAH

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

11 to 24 Head

25 to 50 Head

51 to 75 Head

76 to 100 Head

101 to 125 Head

126 to 150 Head

151 to 175 Head

176 to 200 Head

201 to 225 Head

226 to 250 Head

251 to 275 Head

276 to 300 Head

301 to 325 Head

326 to 350 Head

351 to 375 Head

376 to 400 Head

401 to 450 Head

451 to 500 Head

OPTION

YEAR 1

OPTION

YEAR 2

OPTION

YEAR 3

OPTION

YEAR 4

WYOMING

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

UNIT PRICE

DRIVE TRAP

11 to 24 Head

25 to 50 Head

51 to 75 Head

76 to 100 Head

101 to 125 Head

126 to 150 Head

151 to 175 Head

176 to 200 Head

201 to 225 Head

226 to 250 Head

251 to 275 Head

276 to 300 Head

301 to 325 Head

326 to 350 Head

351 to 375 Head

376 to 400 Head

401 to 450 Head

451 to 500 Head

501 to 550 Head

551 to 600 Head

601 to 650 Head

651 to 700 Head

701 to 750 Head

751 to 800 Head

801 to 900 Head

901 to 1,000 Head

1,001 to 1,200 Head

OPTION

YEAR 1

OPTION

YEAR 2

OPTION

YEAR 3

OPTION

YEAR 4

WATER CAPTURED ANIMALS (Feed Day)

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 GENERAL

a. The work consists of the humane and compassionate capture, care, feeding, transportation, and, where appropriate, release of wild horses and/or burros in the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah and Wyoming in accordance with applicable Federal state and local laws; regulations; and policies.

b. Transportation may involve moving the gathered animals to a designated preparation facility identified in the specific

Task Order/Statement of Work (SOW) not to exceed 10 hours under normal driving conditions from the temporary holding site.

c. The Contractor shall furnish all labor, supplies and equipment necessary to accomplish the required work, except as otherwise specified. Equipment needed to accomplish work under this Contract may include motor vehicles or aircraft.

However, only helicopters may be used for the purpose of herding or chasing wild horses or burros as part of the gather operation in accordance with 43 CFR Part 4700 et. seq. The proper operation, service and maintenance of all contractor furnished property is the responsibility of the Contractor.

d. The Bureau of Land Management (BLM) is committed to the well-being, safety, and humane and responsible care of wild horses and burros. The BLM and its contractors shall ensure humane care and treatment for wild horses and burros during all phases of the pre-gather, gather, and post-gather process. At all times, the care and treatment provided by the BLM and its contractors will be characterized by compassion and concern for the animal’s well-being and welfare. The BLM and its contractors will, to the maximum extent practicable, prevent or minimize fear, pain, distress, suffering, risk of injury, and death while carrying out activities authorized under applicable laws, regulation, policy, this contract, and associated Task Order/SOWs.

e. Copies of laws or regulations referenced herein may be obtained from following BLM offices:

Bureau of Land Management Arizona State Office 1 North Center Suite 800 Phoenix, AZ 85004

Bureau of Land Management California State Office 2800 Cottage Way, Suite W-1834 Sacramento, CA 95825-0451

Bureau of Land Management Colorado State Office 2850 Youngfield Street Lakewood, CO 80215-7076

Bureau of Land Management Idaho State Office 1387 S. Vinnell Way Boise, ID 837059-1657

Bureau of Land Management Montana State Office 5001 Southgate Drive, P.O. Box 36800 Billings, MT 59107-6800

Bureau of Land Management Nevada State Office 1340 Financial Blvd, Reno, NV 89502-0006

Bureau of Land Management Wyoming State Office 5363 Yellowstone Rd, P.O. Box 1828 Cheyenne, WY 82003

Bureau of Land Management Oregon State Office 1515 S.W. 5th Avenue, P.O. Box 2965 Portland, OR 97208

Bureau of Land Management Utah State Office 440 West 200 South, Suite 500 Salt Lake City, UT 84101-1345

Bureau of Land Management New Mexico State Office 301 Dinosaur Trail PO Box 27115 Santa Fe, NM 87502-0115

C.2 DEFINITIONS

Contracting Officer (CO)- Government representative with authority to approve and bind federal expenditures.

Lead Contracting Officer Representative (LCOR)- Manages all technical aspects of gather operations and provides direction to the contactor as identified in the contract. LCOR serves as point of contact for all communications with the Contractor, Contracting Officer, and COR/PI’s. Ensures all appropriate documentation is complete and correct including work orders, payment documents and diaries.

Contracting Officer Representative (COR) /Project Inspector (PI) - Examines and inspects the Contractors equipment and services to ensure they conform to contract and legal requirements. COR also serves as acting LCOR in the LCOR’s absence from gather.

Base Daily Operational Cost The Base Daily Operational Cost (BDOC) includes financial compensation to cover the contractor’s daily expenses plus a reasonable profit as identified in Section B-Supplies or Services and Price/Costs table. BDOC expenses will include total contractor costs pertaining to the gather for a day including salaries, insurance, equipment, maintenance, etc., excluding the hourly helicopter cost. The LCOR will determine whether the Contractor will receive either the BDOC or the Per Head Unit Drive Trap payment. If BLM asks the contractor to stop gather operations for a day or more due to circumstances that were of no fault of the contractor, the BDOC will apply. Since the helicopter will be grounded, compensation will be for BDOC only.

The following will not authorize the use of a BDOC:

1. Weather suspension.

2. Maintenance and/or repairs to the helicopter.

3. Moving the trap to another location.

4. Not working on Sundays or holiday

It is at the discretion of the LCOR to authorize a BDOC for the upcoming gather day(s).

When the contractor assists in only working wild horses and burros for population suppression treatments and not flying or gathering horses and burros, the BDOC will apply. Additional handling tasks that the contractor may be required to assist with may include but not be limited to aging, sorting, holding, restraint for fertility control vaccinations, castration, spaying, branding, blood draw, collection of hair samples for genetic testing, testing for equine diseases, application of GPS collars and radio tags, and hauling and releasing animals back to the range etc.

Some gathered wild horses and/or burros may be in poor health and require special treatment. This may result in smaller numbers gathered over a longer period of time before management objectives are attained. Under these circumstances, the BDOC could be used, along with the hourly helicopter rate. This will need to be addressed in the Task Order/SOWand during the pre-work.

There may be days when circumstances allow only a few animals to be gathered. These circumstances may include but are not limited to difficult to capture animals, few animals located in large areas, and total removal, etc. The LCOR may use his/her discretion to authorize the BDOC, along with the hourly helicopter rate.

Captured Animal For purposes of payment of Per Head Unit Price Drive Trap to the contractor a captured animal is defined as follows:

1. All animals that have captured by helicopter drive trapping or roping

2. Animals herded to the trap but not captured at the direction of the LCOR. The reasons for this action could include animal health or other circumstances such as extremely difficulty to trap without potential harm or very young animals. This does not apply to animals that are identified in the pre-work conference as non-capture animals that are to be avoided and not captured.

Feed day:

For purposes of payment to the contractor, a feed day is defined as animals held after 5:00 p.m. and on through the night that have been watered and provided good quality weed seed free hay at a minimum rate of 20 pounds per 1,000 pound adult animal per day, adjusted accordingly for larger or smaller horses, burros and foals. An animal that is shipped or released in the same day as captured does not constitute a feed day.

Transportation Cost Per Loaded Mile to All Facilities: Cost per loaded (vehicle contains gathered animals) mile per vehicle from the temporary holding site to the short-term preparation and holding facility specified in the Task Order/SOW.

There will be one cost for a tractor trailer load and one price for a stock trailer load.

C.3 GATHER OPERATIONS

a. Specific historical information concerning each Herd Management Area/Herd Area (HMA/HA) can be obtained from the appropriate BLM state office. It should be noted that certain HMA/HAs may have a past history of removals, population inventories, and research activities, limited access, and other disturbances to the animals or their habitat.

b. In emergency situations, some animals may require special treatment to compensate for their weakened condition such as provision of grass weed seed free hay, water, and/or pens.

c. In a few burro gathers, special handling may be necessary to load and unload animals onto and off of a Government furnished boat.

d. The Contractor will need to utilize a government furnished portable "Fly" chute to safely restrain, age and/or provide additional care for the animals. This care may include restraint for marking release animals, or other procedures specified by BLM or their contracted veterinarian.

e. In some cases, BLM may vaccinate all released wild horses or burros for equine disease prevention. BLM will provide necessary personnel, vaccine and equipment for vaccinating the animals.

f. Management practices may require capture of up to 90% of the entire herds for purposes of selective removals based on predetermined criteria; spaying or treating mares/jennies with fertility control drugs; gelding of stallions/jacks; or other treatments. Treated animals may need to be held until they can be released back into the HMA in such a manner as to not interfere with the gather operation. Holding treated animals may necessitate the need for additional holding pens by the Contractor.

g. Gather operations may include work on military and/or other restricted areas. The contractor will be required to obtain all necessary clearances to conduct operations for equipment and personnel, at no additional cost to the Government.

C.4 TASK ORDERS

A specific Statement of Work (SOW) to be performed as part of a gather operation shall be included with each individual task order (see Section H for Criteria for Issuing Task Orders). Each Task Order/SOW will contain the following information

a. Capture Method;

b. Maximum number gathered/removed/treated;

c. Description of the work area and maps (including current inventory or distribution maps);

d. Identification of the criteria for the gather and removal of animals;

e. Special circumstances due to the condition of the animals;

f. A description of specific roundup area(s) and numbers of animals within general contract area(s) as animal concentration, terrain, physical barriers and weather conditions location of wilderness, wilderness study area, or other areas with restricted access;

g. Required performance time;

h. Estimated number of animals to be held for population suppression treatments, approximate duration of holding, and estimated date and location of release;

i. Transportation destination point (BLM or Contractor holding facility) and approximate number of miles;

j. If there will be a need to move animals from one location to another with-out capture;

k. The requirement for certified weed seed free hay;

l. Military Operations Area (MOA) info and contact numbers (BLM aviation as well). It is the contractor’s responsibility to coordinate its activities with the scheduling office or Range Control.

C.5 TRAPPING AND CARE

The primary concern of the contractor is the safe and humane handling of all animals captured. All capture attempts shall incorporate the following:

a. All trap and holding facilities locations must be approved by the LCOR/COR/PI prior to construction. The Contractor may also be required to change or move trap locations as determined by the LCOR/COR/PI. LCOR/COR/PI will determine when capture objectives are met. All traps and holding facilities not located on public land must have prior written approval of the landowner that will be provided to the LCOR prior to use. Selection of all traps and holding sites will include consideration for public and media observation.

b. The rate of movement and distance the animals travel must not exceed limitations set by the LCOR/COR/PI who will consider terrain, physical barriers, access limitations, weather, condition of the animals, urgency of the operation (animals facing drought, starvation, fire, etc.) and other factors. The trap site shall be moved close to WH&B locations whenever possible to minimize the distance the animals need to travel.

c. All traps, wings, and holding facilities shall be constructed, maintained and operated to handle the animals in a safe and humane manner and be in accordance with the following:

1. When moving the animals from one pasture/allotment to another pasture/allotment, the fencing wire needs to be let down for a distance that is approved by the LCOR on either side of the gate or crossing.

2) If jute is hung on the fence posts of an existing wire fence in the trap wing, the wire should either be rolled up or let down for the entire length of the jute in such a way that minimizes the possibility of entanglement by WH&Bs unless otherwise approved by the LCOR/COR/PI. No modification of existing fences will be made without authorization from the LCOR/COR/PI. The Contractor shall be responsible for restoration of any fence modification which they have made.

3) Building a trail using domestic horses through the fence line, crossing or gate may be necessary to avoid animals hitting the fence.

4) The trap site and temporary holding facility must be constructed of stout materials and must be maintained in proper working condition. Traps and holding facilities shall be constructed of portable panels, the top of which shall not be less than 72 inches high for horses and 60 inches for burros, and the bottom rail of which shall not be more than 12 inches from ground level. All traps and holding facilities shall be oval or round in design with rounded corners.

5. All portable loading chute sides shall be a minimum of 6 feet high and shall be fully covered on the sides with plywood, or metal without holes.

6. All alleyways that lead to the fly chute or sorting area shall be a minimum of 30 feet long and a minimum of 6 feet high for horses, and 5 feet high for burros and the bottom rail must not be more than 12 inches from ground level.

All gates and panels in the animal holding and handling pens and alleys of the trap site must be covered with plywood, burlap, plastic snow fence or like material approximately 48” in height to provide a visual barrier for the animals. All materials shall be secured in place. These guidelines apply:

a. For exterior fences, material covering panels and gates must extend from the top of the panel or gate toward the ground.

b. For alleys and small internal handling pens, material covering panels and gates shall extend from no more than 12 inches below the top of the panel or gate toward the ground to facilitate visibility of animals and the use of flags and paddles during sorting.

c. The initial capture pen may be left uncovered as necessary to encourage animals to enter the first pen of the trap.

7. Padding must be installed on the overhead bars of all gates used in single file ally.

8. An appropriate chute designed for restraining WH&B’s must be available for necessary procedures at the temporary holding facility. The government furnished portable fly chute to restrain, age, or provide additional care for the animals shall be placed in the alleyway in a manner as instructed by or in concurrence with the

LCOR/COR/PI.

9. There must be no holes, gaps or openings, protruding surfaces, or sharp edges present in fence panels, latches, or other structures that may cause escape or possible injury.

10. Hinged, self-latching gates must be used in all pens and alleys except for entry gates into the trap, which may be secured with tie ropes or chains.

11. When dust conditions occur within or adjacent to the trap or holding facility, the Contractor shall be required to wet down the ground with water.

12. All animals gathered shall be sorted into holding pens as to age, size, temperament, sex, condition, and whether animals are identified for removal as excess or retained in the HMA. These holding pens shall be of sufficient size to minimize, to the extent possible, injury due to fighting and trampling as well as to allow animals to move easily and have adequate access to water and feed. All pens will be capable of expansion on request of the LCOR/COR/PI. Alternate pens, within the holding facility shall be furnished by the Contractor to separate mares or Jennies with small foals, sick and injured animals, and private animals from the other animals. Under normal conditions, the BLM will require that animals be restrained to determine an animal’s age, sex, and ownership. In other situations restraint may be required to conduct other procedures such as veterinary treatments, restraint for fertility control vaccinations, castration, spaying, branding, blood draw, collection of hair samples for genetic testing, testing for equine diseases, application of GPS collars and radio tags. In these instances, a portable restraining chute may be necessary and will be provided by the government. Alternate pens shall be furnished by the Contractor to hold animals if the specific gathering requires that animals be released back into the capture area(s) following selective removal and/or population suppression treatments. In areas requiring one or more satellite traps, and where a centralized holding facility is utilized, the contractor may be required to provide additional holding pens to segregate animals transported from remote locations so they may be returned to their traditional ranges. Either segregation or temporary marking and later segregation will be at the discretion of the LCOR/COR/PI. The LCOR will determine if the corral size needs to be expanded due to horses staying longer, large number of foals captured, or other circumstances that would warrant a larger pen.

C.6 FEEDING AND WATERING

a. Adult WH&Bs held in traps or temporary holding pens for longer than 12 hours must be fed every morning and evening and provided with drinking water at all times other than when animals are being sorted or worked.

b. Dependent foals must be reunited with their mares/jennies at the temporary holding facility within four hours of capture unless the LCOR/COR/PI authorizes a longer time or foals are old enough to be weaned. If a nursing foal is held in temporary holding pens for longer than 4 hours without their dams, it must be provided with water and good quality weed seed free hay.

c. Water must be provided at a minimum rate of 10 gallons per 1,000 pound animal per day, adjusted accordingly for larger or smaller horses, burros and foals, and environmental conditions, with each trough placed in a separate location of the pen (i.e. troughs at opposite ends of the pen) with a minimum of one trough per 30 horses. Water must be refilled at least every morning and evening when necessary.

d. Good quality weed seed free hay must be fed at a minimum rate of 20 pounds per 1,000 pound adult animal per day, adjusted accordingly for larger or smaller horses, burros and foals.

1. Hay must not contain poisonous weeds or toxic substances.

2. Hay placement must allow all WH&B’s to eat simultaneously.

e. When water or feed deprivation conditions exist on the range prior to the gather, the LCOR/COR/PI shall adjust the watering and feeding arrangements in consultation with the onsite veterinarian as necessary to provide for the needs of the animals to avoid any toxicity concerns.

C.7 TRAP SITE

A dependent foal or weak/debilitated animal must be separated from other WH&Bs at the trap site to avoid injuries during transportation to the temporary holding facility. Separation of dependent foals from mares must not exceed four hours unless the LCOR/COR/PI authorizes a longer time or the decision is made to wean the foals.

C.8 TEMPORARY HOLDING FACILITY

a. All WH&B’s in confinement must be observed at least twice daily during feeding time to identify sick or injured WH&Bs and ensure adequate food and water.

b. Non-ambulatory WH&B’s must be located in a pen separate from the general population and must be examined by the

LCOR/COR/PI and/or on-call or on-site veterinarian no more than 4 hours after recumbency (lying down) is observed.

Unless otherwise directed by a veterinarian, hay and water must be accessible to an animal within six hours after recumbency.

c. Alternate pens must be made available for the following:

1. WH&Bs that are weak or debilitated

2. Mares/jennies with dependent foals

3. Aggressive WH&B’s that could cause serious injury to other animals.

d. WH&B’s in pens at the temporary holding facility shall be maintained at a proper stocking density such that when at rest all WH&B’s occupy no more than half the pen area.

e. It is the responsibility of the Contractor to provide security to prevent loss, injury or death of captured animals until delivery to final destination.

f. It is the responsibility of the Contractor to provide for the safety of the animals and personnel working at the trap locations and temporary holding corrals in consultation with the LCOR/COR/PI. This responsibility will not be used to exclude or limit public and media observation as long as current BLM policies are followed.

g. The contractor will ensure that non-essential personnel and equipment are located as to minimize disturbance of WH&Bs.

Trash, debris, and reflective or noisy objects shall be eliminated from the trap site and temporary holding facility.

h. The Contractor shall restrain sick or injured animals if treatment is necessary in consultation with the LCOR/COR/PI and/or onsite veterinarian. The LCOR/COR/PI and/or onsite veterinarian will determine if injured animals must be euthanized and provide for the euthanasia of such animals. The Contractor may be required to humanely euthanize animals in the field and to dispose of the carcasses as directed by the LCOR/COR/PI, at no additional cost to the Government.

i. Once the animal has been determined by the LCOR/COR/PI to be removed from the HMA/HA, animals shall be transported to final destination from temporary holding facilities within 48 hours after capture unless prior approval is granted by the LCOR/COR/PI. Animals to be released back into the HMA following gather operations will be held for a specified length of time as stated in the Task Order/SOW. The Contractor shall schedule shipments of animals to arrive at final destination between 7:00 a.m. and 4:00 p.m. unless prior approval has been obtained by the LCOR. No shipments shall be scheduled to arrive at final destination on Sunday and Federal holidays, unless prior approval has been obtained by the LCOR. Animals shall not be allowed to remain standing on gooseneck or semi-trailers while not in transport for a combined period of greater than three (3) hours. Total planned transportation time from the temporary holding to the BLM facility will not exceed 10 hours. Animals that are to be released back into the capture area may need to be transported back to the original trap site per direction of the LCOR.

C.9 CAPTURE METHODS THAT MAY BE USED IN THE PERFORMANCE OF A GATHER

C.9.1 Helicopter Drive Trapping

a. The helicopter must be operated using pressure and release methods to herd the animals in a desired direction and shall not repeatedly evoke erratic behavior in the WH&B’s causing injury or exhaustion. Animals must not be pursued to a point of exhaustion; the on-site veterinarian must examine WH&B’s for signs of exhaustion.

b. The rate of movement and distance the animals travel must not exceed limitations set by the LCOR/COR/PI who will consider terrain, physical barriers, access limitations, weather, condition of the animals, urgency of the operation (animals facing drought, starvation, fire, etc.) and other factors.

A. WH&B’s that are weak or debilitated must be identified by BLM staff or the contractors. Appropriate gather and handling methods shall be used according to the direction of the LCOR/COR/PI as defined in this contract.

B. The appropriate herding distance and rate of movement must be determined the LCOR/COR/PI on a case-by-case basis considering the weakest or smallest animal in the group (e.g., foals, pregnant mares, or horses that are weakened by body condition, age, or poor health) and the range and environmental conditions present.

C. Rate of movement and distance travelled must not result in exhaustion at the trap site, unless the exhausted animals were already in a severely compromised condition prior to the gather. Where compromised animals cannot be left on the range or where doing so would only serve to prolong their suffering, the LCOR/COR/PI will determine if euthanasia will be performed in accordance with BLM policy.

c. WH&B’s must not be pursued repeatedly by the helicopter such that the rate of movement and distance travelled exceeds the limitation set by the LCOR/COR/PI. Abandoning the pursuit or alternative capture methods may be considered by the LCOR/COR/PI in these cases.

d. The helicopter is prohibited from coming into physical contact with any WH&B regardless of whether the contact is accidental or deliberate.

e. WH&B’s may escape or evade the gather site while being moved by the helicopter. If there are mare/dependent foal pairs in a group being brought to a trap and half of an identified pair is thought to have evaded capture, multiple attempts by helicopter may be used to bring the missing half of the pair to the trap or to facilitate capture by roping. In these instances, animal condition and fatigue will be evaluated by the LCOR/COR/PI or on-site veterinarian on a case-by-case basis to determine the number of attempts that can be made to capture an animal.

f. Horse captures must not be conducted when ambient temperature at the trap site is below 10ºF or above 95ºF without approval of the LCOR/COR/PI. Burro captures must not be conducted when ambient temperature is below 10ºF or above 100ºF without approval of the LCOR/COR/PI. The LCOR/COR/PI will not approve captures when the ambient temperature exceeds 105 ºF.

g. The contractor shall assure that dependent foals shall not be left behind. Any animals identified as such will be recovered as a priority in completing the gather.

h. Any adult horse or burro that cannot make it to the trap due to physical limitations shall be identified to the LCOR/COR/PI by the pilot or contractor immediately. An inspection of the animal will be made to determine the problem and the LCOR/COR/PI and/or veterinarian will decide if that animal needs to be humanely euthanized.

C.9.2 Roping

a. The roping of any WH&B must be approved by the LCOR/COR/PI prior to the action.

b. The roping of any WH&B will be documented by the LCOR/COR/PI along with the circumstances. WH&Bs may be roped under circumstances which include but are not limited to the following: reunite a mare or jenny and her dependent foal; capture nuisance, injured or sick WH&Bs or those that require euthanasia; environmental reasons such as deep snow or traps that cannot be set up due to location or environmental sensitivity; and public and animal safety or legal mandates for removal.

c. Ropers should dally the rope to their saddle horn such that animals can gradually be brought to a stop and must not tie the rope hard and fast to the saddle, which can cause the animals to be jerked off their feet.

d. WH&Bs that are roped and tied down in recumbency must be continuously observed and monitored by an attendant at a maximum of 100 feet from the animal.

e. WH&Bs that are roped and tied down in recumbency must be untied within 30 minutes.

f. If the animal is tied down within the wings of the trap, helicopter drive trapping within the wings will cease until the tied-down animal is removed.

g. Sleds, slide boards, or slip sheets must be placed underneath the animal’s body to move and/or load recumbent

WH&Bs.

h. Halters and ropes tied to a WH&B may be used to roll, turn, and position or load a recumbent animal, but a WH&B must not be dragged across the ground by a halter or rope attached to its body while in a recumbent position.

i. All animals captured by roping must be marked at the trap site by the contractor for evaluation by the on-site/on-call veterinarian within four hours after capture, and re-evaluation periodically as deemed necessary by the on-site/on-call veterinarian.

C.10 HANDLING

C.10.1 Willful Acts of Abuse.

The following are prohibited:

a. Hitting, kicking, striking, or beating any WH&B in an abusive manner.

b. Dragging a recumbent WH&B across the ground without a sled, slide board or slip sheet. Ropes used for moving the recumbent animal must be attached to the sled, slide board or slip sheet unless being loaded as specified in Section C 9.2.h

c. Deliberate driving of WH&Bs into other animals, closed gates, panels, or other equipment.

d. Deliberate slamming of gates and doors on WH&Bs.

e. Excessive noise (e.g., constant yelling) or sudden activity causing WH&Bs to become unnecessarily flighty, disturbed or agitated.

C.10.2 General Handling

a. All sorting, loading or unloading of WH&Bs during gathers must be performed during daylight hours except when unforeseen circumstances develop and the LCOR/COR/PI approves the use of supplemental light.

b. WH&Bs should be handled to enter runways or chutes in a forward direction.

c. WH&Bs should not remain in single-file alleyways, runways, or chutes longer than 30 minutes.

d. With the exception of helicopters, equipment should be operated in a manner to minimize flighty behavior and injury to WH&Bs.

C.10.3 Handling Aids

a. Handling aids such as flags and shaker paddles are the primary tools for driving and moving WH&Bs during handling and transport procedures. Contact of the flag or paddle end with a WH&B is allowed. Ropes looped around the hindquarters may be used from horseback or on foot to assist in moving an animal forward or during loading.

b. Routine use of electric prods as a driving aid or handling tool is prohibited. Electric prods may be used in limited circumstances only if the following guidelines are followed:

1. Electric prods must only be a commercially available make and model that uses DC battery power and batteries should be fully charged at all times.

2. The electric prod device must never be disguised or concealed.

3. Electric prods must only be used after three attempts using other handling aids (flag, shaker paddle, voice or body position) have been tried unsuccessfully to move the WH&Bs.

4. Electric prods must only be picked up when intended to deliver a stimulus; these devices must not be constantly carried by the handlers.

5. Space in front of an animal must be available to move the WH&B forward prior to application of the electric prod.

6. Electric prods must never be applied to the face, genitals, anus, or underside of the tail of a WH&B.

7. Electric prods must not be applied to any one WH&B more than three times during a procedure (e.g., sorting, loading) except in extreme cases with approval of the LCOR/COR/PI. Each exception must be approved at the time by the LCOR/COR/PI.

8. Any electric prod use that may be necessary must be documented daily by the LCOR/COR/PI including time of day, circumstances, handler, location (trap site or temporary holding facility), and any injuries (to WH&B or human)

C.11 MOTORIZED EQUIPMENT

C.11.1 Loading and Unloading Areas

a. Facilities in areas for loading and unloading WH&B’s at the trap site or temporary holding facility must be maintained in a safe and proper working condition, including gates that swing freely and latch or tie easily.

b. The side panels of the loading chute must be a minimum of 6 feet high and fully covered with materials such as plywood or metal without holes that may cause injury.

c. There must be no holes, gaps or openings, protruding surfaces, or sharp edges present in fence panels or other structures that may cause escape or possible injury.

d. All gates and doors must open and close properly and latch securely.

e. Loading and unloading ramps must have a non-slip surface and be maintained in a safe and proper working condition to prevent slips and falls. Examples of non-slip flooring would include, but not be limited to, rubber mats, sand, shavings, and steel reinforcement rods built into ramp. There must be no holes in the flooring or items that can cause an animal to trip.

f. Trailers must be properly aligned with loading and unloading chutes and panels such that no gaps exist between the chute/panel and floor or sides of the trailer creating a situation where a WH&B could injure itself.

g. Stock trailers shall be positioned for loading or unloading such that there is no more than 12” clearance between the ground and floor of the trailer for burros and 18” for horses. . If animals refuse to load, it may be necessary to dig a tire track hole where the trailer level is closer to ground level.

C.11.2 Transportation

a. General

1. All sorting, loading, or unloading of WH&Bs during gathers must be performed during daylight hours except when unforeseen circumstances develop and the LCOR/COR/PI approves the use of supplemental light.

2. WH&Bs identified for removal should be shipped from the temporary holding facility to a BLM facility within 48 hours.

3. Shipping delays for animals that are being held for release to range or potential on-site adoption must be approved by the LCOR/COR/PI.

4. Shipping should occur in the following order of priority; 1) debilitated animals, 2) pairs, 3) weanlings, 4) dry mares and 5) studs.

5. Total planned transport time to the BLM preparation facility from the trap site or temporary holding facility must not exceed 10 hours.

6. WH&Bs should not wait in stock trailers and/or semi-trailers at a standstill for more than a combined period of three hours during the entire journey.

b. Vehicles

1. All motorized equipment employed in the transportation of captured animals shall be in compliance with appropriate State and Federal laws and regulations applicable to the humane transportation of animals. The Contractor shall provide the CO annually, with a current safety inspection (less than one year old) for all motorized equipment and tractor-trailers used to transport animals to final destination.

2. Only tractor-trailers or stock trailers with a covered top or overhead bars shall be allowed for transporting animals from trap site(s) to temporary holding facilities, and from temporary holding facilities to final destination(s). Sides or stock racks of all trailers used for transporting animals shall be a minimum height of 6 feet 6 inches from the floor. Single deck tractor-trailers 40 feet or longer shall have two (2) partition gates providing three (3) compartments within the trailer to separate animals. Tractor-trailers less than 40 feet shall have at least one partition gate providing two (2) compartments within the trailer to separate the animals. Compartments in all tractor-trailers shall be of equal size plus or minus 10 percent. Each partition shall be a minimum of 6 feet high and shall have a minimum 5 foot wide swinging gate. The use of double deck tractor-trailers is prohibited. Only straight deck trailers and stock trailers are to be used for transporting WH&B’s.

3. WH&B’s must have adequate headroom during loading and unloading and must be able to maintain a normal posture with all four feet on the floor during transport without contacting the roof or overhead bars.

4. The width and height of all gates and doors must allow WH&B’s to move through freely.

5. All gates and doors must open and close easily and be able to be secured in a closed position.

6. The rear door(s) of stock trailers must be capable of opening the full width of the trailer.

7. Loading and unloading ramps must have a non-slip surface and be maintained in proper working condition to prevent slips and falls.

8. All partitions and panels inside of trailers must be free of sharp edges or holes that could cause injury to

WH&B’s.

9 The inner lining of all trailers must be strong enough to withstand failure by kicking that would lead to injuries.

10 Partition gates in transport vehicles shall be used to distribute the load into compartments during travel.

11 Surfaces and floors of trailers must be cleaned of dirt, manure and other organic matter prior to the beginning of a gather.

12 Surfaces and floors of trailers shall have non-slip surface, use of shavings, dirt, and floor mates.

c. Care of WH&B’s during Transport Procedures

1. WH&B’s that are loaded and transported from the temporary holding facility to the BLM preparation facility must be fit to endure travel per direction of LCOR/COR/PI following consultation with on-site/on-call veterinarian.

2. WH&B’s that are non-ambulatory, blind in both eyes, or severely injured must not be loaded and shipped unless it is to receive immediate veterinary care or euthanasia.

3. WH&B’s that are weak or debilitated must not be transported without approval of the LCOR/COR/PI in consultation with the on-site veterinarian. Appropriate actions for their care during transport must be taken according to direction of the LCOR/COR/PI.

4. WH&B’s shall be sorted prior to transport to ensure compatibility and minimize aggressive behavior that may cause injury.

5. Trailers must be loaded using the minimum space allowance in all compartments as follows:

a. For a 6.8 foot wide; 24 foot long stock trailer 12 to 14 adult horses;

b. For a 6.8 foot wide; 24 foot long stock trailer 18 to 21 adult burros

c. For a 6.8 foot wide; 20 foot long stock trailer 10 to 12 adult horses can be loaded

d. For a 6.8 foot wide; 20 foot long stock trailer 15 to 18 adult burros

e. For a semi-trailer

1. 12 square feet per adult horse.

2. 6.0 square feet per dependent horse foal.

3. 8.0 square feet per adult burro.

4. 4.0 square feet per dependent burro foal

6. Considering the condition of the animals, prevailing weather, travel distance and other factors or if animals are going down on trailers or arriving at their destination down or with injuries or a condition suggesting they may have been down, additional space or footing provisions may be necessary and will be required if directed by the LCOR/COR.

7 The LCOR/COR/PI, in consultation with the receiving Facility Manager, must document any WH&B that is recumbent or dead upon arrival at the destination. Non-ambulatory or recumbent WH&B’s must be evaluated on the trailer and either euthanized or removed from the trailers using a sled, slide board or slip sheet.

8 Saddle horses must not be transported in the same compartment with WH&B’s.

C.12 EUTHANASIA or DEATH

Euthanasia Procedure during Gather Operations

1. An authorized, properly trained, and experienced person as well as a firearm appropriate for the circumstances must be available at all times during gather operations. When the travel time between the trap site and temporary holding facility exceeds one hour or if radio or cellular communication is not reliable, provisions for euthanasia must be in place at both the trap site and temporary holding facility during the gather operation.

2. Euthanasia must be performed according to American Veterinary Medical Association euthanasia guidelines (2013) using methods of gunshot or injection of an approved euthanasia agent.

3. The decision to euthanize and method of euthanasia must be directed by the LCOR/COR/PI who must be on site and may consult with the on-site/on-call veterinarian. In event and rare circumstance that the LCOR/COR/PI is not available, the contractor if properly trained may euthanize an animal as an act of mercy.

4. All carcasses will be disposed of in accordance with state and local laws and as directed by the LCORCOR/PI.

5. Carcasses left on the range should not be placed in washes or riparian areas where future runoff may carry debris into ponds or waterways. Trenches or holes for buried animals should be dug so the bottom of the hole is at least 6 feet above the water table and 4-6 feet of level earth covers the top of the carcass with additional dirt mounded on top where possible.

C. 13 COMMUNICATIONS

a. The Contractor shall have the means to communicate with the LCOR/COR/PI and all contractor personnel engaged in the capture of wild horses and burros utilizing a VHF/FM Transceiver or VHF/FM portable Two-Way radio.

b. The Contractor shall obtain the necessary FCC licenses for the radio system.

C.14 SAFETY AND SECURITY

a. All accidents involving animals or people that occur during the performance of any task order shall be immediately reported to the LCOR/COR/PI.

b. It is the responsibility of the Contractor to provide security to prevent unauthorized release, injury or death of captured animals until delivery to final destination.

c. The contractor must comply with all applicable federal, state and local regulations.

d. Fueling operations shall not take place within 1,000 feet of animals or personnel and equipment other than the refueling truck and equipment.

e. Children under the age of 12 shall not be allowed within the gather’s working areas which include near the chute when working animals at the temporary holding facility, or near the pens at the trap site when working and loading of animals.