Sol_140L0625Q0001.pdf

140L0625Q0001

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

10/03/2024

1 62

DENVER FEDERAL CENTER

BLDG. 85

POB 25047

BLM DBS SUPPLIES AND SERVICES - NOC

Denver CO 80225-0047

11/15/2024

774 278-3998Yvette Daltorio

10/08/2024 1400 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Period of Performance: 10/14/2024 to 11/15/2024

This is a Combined Synopsis/Solicitation for Invasive Annual Grass Herbicide Treatment as detailed below:

00010 Invasive Annual Grass Herbicide Treatment services within the Vale OR District.

The contractor shall provide all labor, equipment and resources required to complete treatment in accordance with the Statement of Work.

Product/Service Code: F004 Product/Service Description: NATURAL Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 62

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140L0625Q0001

RESOURCES/CONSERVATION- FOREST/RANGE FIRE

REHABILITATION (NON-CONSTRUCTION)

Delivery: 11/15/2024

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

1 - COMBINED SYNOPSIS/SOLICITATION

2 - CONTRACT CLAUSES

3 - LIST OF DOCUMENTS,EXHIBITS AND OTHER ATTACHMENTS

4 - PROVISIONS

1 - COMBINED SYNOPSIS/SOLICITATION

(i) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6 and subpart 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

(ii) The solicitation, number 140L0625Q0001, is issued as a request for quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-07 effective 09/30/2024.

(iv) This is a 100% small business set-aside. The associated North American Industry Classification System (NAICS) code is 115310 with a small business size standard $11.5M.

(v) Line-item numbers, including options are as follows:

00010 Invasive Annual Grass Herbicide Treatment Services within the Vale OR District.

(vi) The Contractor shall provide all resources, personnel, equipment, supplies, and materials necessary for chemical handling, to include the chemicals, the surfactants, and the water needed to provide the services at the locations specified

(vii) Date of performance is Date of Award to November 15, 2024

There are multiple places of performance within the Vale OR district, please refer to the statement of work for specifics. The Government reserves the right to award one or more contracts, but not more than three contracts (one award per burn area) from this combined synopsis/solicitation based upon vendor capacity to perform the required work for each burn area within the required period of performance. Vendors are encouraged to submit quotations to perform all or just one or two of the specific burn areas.

By submitting a quotation, the vendor confirms they have the capacity and resources necessary to perform the work within the required period of performance.

(viii) The provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition as does the addenda to the provision detailed in section 4 provisions.

(ix) The provision at 52.212-2, Evaluation-Commercial Products and Commercial Services applies to this acquisition as does the addenda to the provision detailed in section 4 provisions. The evaluation criteria to be included in paragraph (a) of the provision are:

Factor 1: Technical Capability Factor 2: Past Performance Factor 3: Price

(x) Offerors shall ensure that provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services is up to date in the System for Award Management (SAM) and that NAICS code 115310 is listed in the provision.

(xi) The clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition and is incorporated by reference in this solicitation.

(xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive

Orders-Commercial Products and Commercial Services, applies to this acquisition. Additional FAR clauses cited in the clause are applicable to this acquisition as documented in section 2 clauses.

(xiii) See section 2, section 3 attachments and section 4 for additional contract requirement(s) and terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices.

(xiv) A Defense Priorities and Allocations System (DPAS) rating does not apply to this acquisition.

(xv) Quotations shall be submitted electronically via email to Contracting Officer Elisa Horrach, ehorrach@blm.gov, and Contract Specialist Yvette Daltorio, ydaltorio@blm.gov. All quotations are due October 8, 2024 by 2:00PM Eastern Daylight Time (ED). Quotations will only by accepted electronically via the email addresses provided above. All questions related to the solicitation shall be submitted in writing by October 4, 2024 by 2:00PM ED to the contracting officer and contract specialist noted above.

(xvi) For information regarding the solicitation, please contact the contracting officer and contract specialist identified in (xv) above.

STATEMENT OF WORK

INVASIVE ANNUAL GRASS HERBICIDE TREATMENTS

(Vale District Emergency Stabilization and Rehabilitation) 09/27/2024

1.0 SCOPE

1.1 INTRODUCTION: The Department of the Interior (DOI), Bureau of Land Management (BLM), National Operations Center is seeking vegetation treatment services on three selected areas administered by the Vale District BLM. The work consists of applying herbicides on each area burned by wildfire on public lands within the Vale District Office during calendar year 2024. All three (3) areas require site-wide applications for a species common to all. There are three (3) specific treatments identified as Blocks A through C. Treatments on all Blocks A through C will be required to be completed during the correct ecological timeframe appropriate for the target species and herbicide and no later than November 15, 2024, to meet the objective of pre- and post-emergent suppression of target species for each block. Successful control of target species is required to prepare clean seedbeds for seedings planned one-year post-treatment.

Location and descriptions of all the treatments blocks are detailed below in section 1.3.

1.2 APPLICABLE DIRECTIVES: The contractor must hold current Oregon Commercial Applicator Licenses (and federal, if required) for the application of pesticides in the weed control category appropriate for the application and application equipment type proposed. It shall be the responsibility of the contractor to assure all applicator, equipment, and company licenses required for treatments in the State of Oregon (and federal, if required) are current.

1.3 LOCATION AND DESCRIPTION: Location and vicinity maps showing the three (3) blocks are provided as an attachment to this Statement of Work (SOW). The files include location and vicinity maps for the wildfire location and project areas. Actual acres shall be computed from Global Positioning System (GPS) information. The contractor shall not treat areas outside of the identified work areas identified in this SOW and SOW Attachments.

Block A: FY24 Cow Valley Fire 7 Ounce Invasive Annual Grass (IAG) Treatment requires an application for the control of IAGs on public lands on a large portion of Cow Valley Fire ESR area following the wildfire. The total treatment area for this project consists of approximately 39,096 acres with a water usage requirement of 5 gal per acre and Plateau herbicide requirement at 7 oz per acre, Grounded adjuvant at 16 oz per acre, and Quest adjuvant at 3 pints/100 gallons. (See Attachment 1 Map) mailto:ehorrach@blm.gov mailto:ydaltorio@blm.gov

The following is priority of the treatment acres to be completed based off priority ranking, starting at Priority 1.

Priority 1 - 13,583 acres Priority 2 - 7,083 acres Priority 3 - 6,874 acres Priority 4 - 9,218 acres Priority 5 - 2,338 acres

Block B: FY24 Durkee Fire 7 Ounce IAG Treatment requires an application for the control of IAGs on public lands on a large portion of Durkee Fire ESR area following the wildfire. The total treatment area for this project consists of approximately 34,937 acres with a water usage requirement of 5 gal per acre and Plateau herbicide requirement at 7 oz per acre, Grounded adjuvant at 16 oz per acre, and Quest adjuvant at 3 pints/100 gallons. (See Attachment 2 Maps)

The following is priority of the treatment acres to be completed based off priority ranking, starting at Priority 1.

Priority 1 - 21,015 acres Priority 2 - 7,370 acres Priority 3 - 6,400 acres Priority 4 - 1,151 acres

Block C: FY24 Hole in the Ground Fire IAG Treatment requires an application for the control of IAGs on public lands on a large portion of the Hole in the Ground Fire ESR area following the wildfire. The total treatment area for this project consists of approximately 25,917 acres with a water usage requirement of 5 gal per acre and Plateau herbicide requirement at 7 oz per acre, Grounded adjuvant at 16 oz per acre, and Quest adjuvant at 3 pints/100 gallons. (See Attachment 3 Maps)

The following is priority of the treatment acres to be completed based off priority ranking, starting at Priority 1.

Priority 1 - 8,229 acres Priority 2 - 7,441 acres Priority 3 - 3,825 acres Priority 4 - 6,422 acres

2.0 ACRONYMS AND GLOSSARY

Adjuvant - An inert material added to a pesticide formulation or tank mix to increase the effectiveness of the active ingredient.

Base (reference, control) Station - A GPS receiver set up at a known location; that is, a point whose Universal Transverse Mercator (UTM) coordinates and elevation are known

BLM - Bureau of Land Management

Chemical (herbicide) treatments - Application by Commercial Pesticide Operator/Applicator, licensed by Department of Agriculture (with Agriculture Herbicide Category), of BLM-requested herbicides to herbaceous or woody plants, as designated by the BLM, using industrial standard application equipment.

COR - Contracting Officer's Representative

DOI - Department of the Interior

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

ESR - Emergency Stabilization and Rehabilitation

GPS - Global Positioning System

IAG - Invasive Annual Grass - Non-native aggressive grass with potential to cause significant economic losses.

Noxious Weeds - Plants found on the State of Oregon Noxious weed list at https://www.oregon.gov/oda/programs/weeds/pages/aboutweeds.aspx, which may change annually.

PAR - Pesticide Application Record - A legally required record of herbicide application that is filled out within 24 hours of treatment. It includes what herbicide and how much was used, what weeds were sprayed, dates and times of application, names of applicators, etc. (See SOW Attachment A - Sample Pesticide Application Record).

PI - Project Inspector on behalf of the BLM / Department of Interior

PUP - Pesticide Use Proposal - A BLM document that summarizes the intentions of the herbicide application including targeted species, allowable herbicide rates, sensitive resources, and mitigation measures for proposed projects.

SOP - Standard Operating Procedures - See Attachment 4 - BLM Standard Operating Procedures and Mitigation Measures for Applying Herbicides

UTM - Universal Transverse Mercator - A mapping coordinate grid system based upon one of many different mapping projections. Note: The BLM in Eastern Oregon uses the projected coordinate system UTM, Datum NAD 1983 (Conus), Zone 10 or 11. The data is displayed in meters easting and northing.

WUI - Wildland-Urban Interface - The line, area, or zone where structures and other human development meet or intermingle with undeveloped wildland or vegetative fuels.

3.0 SOW ATTACHMENTS

Attachments 1-3 Priority Maps for all required treatment locations

Attachment 4 BLM Standard Operating Procedures and Mitigation Measures for Applying Herbicides

Attachment 5 Sample Pesticide Application Record

4.0 TECHNICAL REQUIREMENTS

4.1 The contractor shall comply with all applicable Federal, State and Local regulations, as well as the BLM Pesticide Use Proposal (PUP)(s).

4.2 The contractor shall provide all resources, personnel, equipment, supplies, and materials necessary for chemical handling, to include the chemicals, the surfactants, and the water needed to provide the services at the locations specified herein using the required BLM specified herbicides at the required rate stated in this SOW with the appropriate application equipment and delivery methods in accordance with the appropriate directives, regulations, and policies.

4.3 All herbicide treatments shall be conducted following herbicide label directions, the SOW, and Attachment 4, BLM Standard Operating Procedures and Mitigation Measures for Applying Herbicides, Approved BLM Pesticide Use Proposal (PUP), and all other policies and guidelines pertaining to their use.

The Government will provide the PUP to the contractor within one week of application at a pre-work meeting to be coordinated with the Project Inspector (PI) and or COR. All herbicides and adjuvants used at the time of application must be listed on the approved project PUPs.

https://www.oregon.gov/oda/programs/weeds/pages/aboutweeds.aspx

4.4 The contractor shall coordinate a pre-work conference meeting within 2 business days of award. The contractor shall present a copy of its proposed performance plan for Government acceptance. The contractor's plan shall include how the work will be accomplished, including but not limited to, pattern testing. The Government will determine at that time if the contractor may proceed with work based on the proposed plan. If the performance plan is not accepted at the meeting, the contractor shall provide its revisions for Government acceptance within 3 business days of the pre-work conference meeting. This cycle shall continue until the contractor's plan is determined acceptable by the Government.

4.5 The contractor shall control the spray pattern while safely and evenly contouring over uneven, broken, steep and rocky terrain, maintaining consistent application of herbicide. Spray strips shall be distributed in such a manner as to secure a high uniformity of herbicide distribution to cover all acres with the designated rate.

4.6 The Government may require, at any time, that the contractor perform a demonstration that the application equipment is calibrated and will evenly distribute the designated spray at rates specified in the SOW and PUP(s). Checks may be achieved through a pattern test or use of water sensitive cards at the project site. However, project-wide, due to its mode of action on IAGs, results from imazapic herbicide treatments will not become obvious until the growing season following treatment, generally late April - early June. Where skips, excessive swath widths, i.e., striping, or other obvious insufficient applications occur that result in sublethal target species death are documented to be >1% of the project area as determined from GPS tracking data or during on the ground inspections by the COR/PI, retreatment of the insufficiently treated area(s) will be required at no extra cost (for labor, equipment, herbicides, etc.) to the Government. Obvious striping (sublethal death of target species) from excessive swath widths results in poor post-seeding success/increased seeding expense to the Government in sublethal target-species-death strips, therefore, such areas may require entire area where strips are present to be retreated at no cost to the Government.

4.7 Daily PARs and a final PAR, referenced in Section 9.0 Deliverables, shall be accompanied by detailed maps (both paper and electronic) showing track lines, including daily printouts and files from the previous day. Electronic files of treatments shall be compatible with ArcPro. A required template for the PAR will be provided by the BLM upon award.

4.7.1 The contractor shall provide the data in a standard format (NAD83 for zone 10 or 11 North in UTM or latitudes/longitudes in decimal degrees). At a minimum, the data shall contain applicator's name and address, State of Oregon applicator's license number, date of application, beginning and ending times of application, weather conditions (temperature, climatic conditions, wind speed and direction, and relative humidity), product used, and any adjuvants added, application rate, application type, and number of acres treated.

4.8 Shapefiles of treatments shall be compatible with ArcPro. The contractor shall be able to receive the BLM provided digital data (ArcPro shapefiles) and use it accordingly to provide accurate track logs of work completed.

4.9 Any refuse, debris or garbage generated by the contractor or crew members shall be cleaned up and removed from the project site by the contractor and disposed of legally offsite before final payment is made.

4.10 PERIOD OF PERFORMANCE: The timing of work shall take into consideration the potential target species, elevation, seasonal climate, aspect, and habitat of the project area. For this requirement, the period of performance is from Date of Award to November 15, 2024. Blocks A, B, and C have a required completion date no later than November 15, 2024 to assure pre- and post-emergent control of target species.

4.11 ACCESS TO PROJECT AREAS:

Block A: Cow Valley Fire - For the west side of fire area, access would be through Westfall, OR to Bully Creek Road, on gravel, to the fire perimeter. For southern access of the fire area, access would be from Vale, OR west 5.4 miles on Graham Blvd to Bully Creek Road to the reservoir, continue 6.5 miles on gravel to Cottonwood Mountain Lookout Road to access multiple gravel and dirt roads within the fire perimeter for this zone. For northeast access of the fire area, access would be north, 18 miles, on US Hwy 26 from Vale, to 14th Avenue West to Gum Creek Road, on gravel to Thorn Flat pasture.

Block B: Durkee Fire - For the northwest polygon of the treatment area, access would be from Vale, north 26 miles on US Hwy 26 to Malheur Reservoir Road, 8 miles on gravel, to Willow Creek Road, 1.7 miles to Mormon Basin Cutoff Road to access multiple gravel and dirt roads within the fire perimeter for this zone.

The northeast zone can be accessed from Huntington, OR to 5 miles west on the Huntington Hwy to Durbin Creek Road to access multiple gravel and dirt roads within the fire perimeter. The southwest zone can be accessed from Vale, OR to 5 miles.

Block C: Hole in the Ground Fire - To west side of fire area, access would be Hwy 95 to Arock Road, on gravel, 25 miles to Bogus Road and dirt roads throughout the fire perimeter. For east side of the fire area, access would be 32 miles west from Hwy 95, on gravel, to Jordan Craters Road and dirt roads throughout the fire perimeter.

4.12 UNIQUE FEATURES OF PROJECT AREA:

Block A: Cow Valley Fire and Block B: Durkee Fire project areas are mountainous and steep in many of the treatment areas. Treatment areas span approximately 11 miles of the length and down both flanks of Cottonwood Mountain into the valley on the Cow Valley fire. Both sides of the mountain are cut by canyons.

Both fires are broken up by several ridges and canyons with elevational ranges from 5,900' to 3,100'. Drops from ridge tops to valley floors are as great as 900' which requires speed control and ability to contour into and out of canyons to get even coverage across all acres and alleviate excessive fall from boom to target species. Even flatter terrain changes quickly and can abruptly fall into 300' to 500' canyons.

Block C: Hole in the Ground Fire project area has uneven, broken terrain with rolling hills that drop off into 500' canyons with elevational ranges from 5,100' to 3,800'. The area has exclusion areas for water features and private lands, as well as a special use area in Hole in the Ground associated with lava flows.

Contouring into and out of the canyons and speed control will be required to maintain even coverage and restrict excessive fall from boom to target species.

4.13 BLM will only have one staff member available to oversee and monitor (PI) the compliance of the spraying projects as well as mix/load operations. To benefit BLM oversight, while maintaining safety, the contractor shall make every effort to stage as close to the project area as possible while complying with all applicable federal, state, and local regulations and appropriate land use permitting procedures applicable to their operations.

5.0 CONTRACTOR FURNISHED ITEMS

5.1 GENERAL: The contractor shall provide all labor, transportation, tools, and equipment necessary to perform the requirements of this contract. This includes accessing and transportation of water to the project site for application. The contractor should be aware water sources may be long distances away from treatment or loading sites. The contractor shall be responsible for obtaining reliable water sources for the project. The contractor shall furnish the necessary qualified mechanics for maintenance of equipment and shall furnish all materials (fuel, etc.) and service required for operations of equipment and vehicles.

APPLICATION EQUIPMENT: Industry standard application equipment shall be used. The equipment shall be equipped with nozzles that produce a coarse spray to minimize drift and achieve uniform coverage.

Equipment designed to minimize drift and/or a drift control agent may be added at the recommended label rate but must be approved by the COR prior to use. The contractor shall use high flow rate nozzles to apply the highest practical spray volume and the lower spray pressures recommended for the nozzle. When higher flow rates are needed, the contractor shall use higher flow rate nozzles instead of increasing pressure. The contractor shall use the minimum number of nozzles that provide uniform coverage. The contractor shall use a nozzle type that is designed for the intended application. The contractor shall minimize drift as practicably as possible. The contractor shall not use nozzles producing a mist droplet spray.

5.1.1 The contractor shall ensure all equipment utilized for the project is maintained in optimal condition at all times to ensure there are no delays in completing the project requirements.

5.1.2 The applicator shall have the ability to uniformly deliver the designated gallons per acre (as stated in the task order) with a Boom/Nozzle configuration (including controlled pressure and nozzle orientation) that will provide a controlled droplet application.

5.2 The contractor shall provide a communication system so that contractor personnel engaged in the project at different locations can communicate at all times with each other and so that BLM PI is provided at all times with an effective, reliable two-way communication in real time so that PI(s) may communicate with the contractor at any time to discuss performance matters. [If contractor chooses to use BLM-compatible radios, by DOI policy, BLM radios must be P25-compliant VHF-FM. Transceiver must provide selection of narrowband analog (12.5kHz) or narrowband digital (12.5kHz) operation on a minimum of 100 channels.]

5.3 MIXING/LOADING FACILITIES- The contractor must comply with all applicable federal, state, and local regulations and appropriate land use permitting procedures applicable to their operations.

5.4 HERBICIDE AND ADJUVANTS: For this requirement, the contractor shall utilize Plateau herbicide, Grounded, and Quest for invasive annual grasses treatments over the entire Block A - Cow Valley Fire 7 Ounce IAG 39,096 acres; the entire Block B - Durkee Fire IAG 34,937 acres; and the entire Block C - Hole in the Ground Fire IAG 25,917 acres. Total acres equaling 99,950 acres.

Products other than those specified will not be acceptable for this requirement, except if Plateau is not available in sufficient quantities. Panoramic 2SL is an appropriate substitution if Plateau is in short supply.

Dry formulations of imazapic will not be considered.

6.0 GOVERNMENT FURNISHED ITEMS

6.1 At the time of award, the Government will furnish detailed GPS coordinate data of the unit boundaries, in the form of shapefiles created in ArcPro, as well as the BLM approved PUP(s).

7.0 SECURITY AND SAFETY

7.1 Any hazards that would pose a danger to contractor's personnel or operating equipment shall be identified and mitigated by the contractor prior to commencing operations.

7.2 EQUIPMENT: The contractor may leave their equipment at the work site. However, the contractor shall be responsible for the equipment if it is lost, stolen, vandalized or damaged. The contractor is advised that vandalism of equipment may be anticipated in all areas of operation. Therefore, it is suggested that a watchman service for equipment security be provided during all periods of no activity on the project, to include overnight, regardless of location.

7.3 SAFETY: The contractor shall immediately notify the PI or COR of any spills, leaks, or accidents, as quickly as possible, no later than within 24 hours of occurrence.

7.4 AIRSPACE COORDINATION: Within the project area there are military training routes (MTRs). It is the contractor's responsibility to contact Flight Service Station(s) (FSS) to coordinate their activities if their application equipment is aerial in nature. From OPM-35 - [In areas of military airspace it is acceptable to describe coordination agreements with military airspace scheduling or range control authorities and that it is the contractors' responsibility to coordinate their activities with the scheduling office or Range Control.

Close coordination is necessary to ensure compliance with applicable airspace coordination agreements that states have with military authorities.]

8.0 CONTRACTOR QUALIFICATIONS

8.1 The quoter's key personnel shall include a minimum of two (2) experienced and licensed herbicide applicator and minimum of four (4) qualified pesticide mixing and loading staff, as well as, but not limited to mechanics and truck drivers. All key personnel shall be able to successfully perform the requirements of this SOW.

8.2 The contractor and each applicator shall be licensed in the application and handling of herbicides in Oregon and shall have a Commercial Pesticide Applicators License which allows application on public rangelands (Agriculture Herbicide Category). If the status of any of these licenses change at any time due to suspensions, expirations, or any other reason, the contractor shall contact the PI and or Contracting Officer immediately.

8.3 A foreman shall be present on site, either as applicator or other contractor personnel during all applications. The foreman shall effectively and efficiently address on-the-ground issues and accurately communicate project progress by providing accurate track logs with the PI or COR.

8.4 As well as the commercial applicator's license, the contractor's applicator(s) shall have current Oregon Department of Agriculture, and Federal, if required, issued applicator(s) license(s) appropriate for each type of application equipment they utilize. It shall be the responsibility of the contractor to assure all applicator and company licenses required for treatments in the State of Oregon are current at the time of RFQ response. Proof of licensing shall be provided with RFQ response. See https://www.oregon.gov/oda/programs/Pesticides/Licensing

8.5 The contractor, applicator, and ground crew shall know the requirements of the contract including technical requirements and application locations.

8.6 The contractor shall be able to perform a minimum production rate of 2,500 acres sprayed per day (5 gallons/acre application).

8.7 The contractor shall maintain an adequate work force to ensure timely completion of the work.

8.8 If the contractor chooses to sub-contract, sub-contractors must meet all requirements in SOW as prime contractor, including small business certification.

9.0 DELIVERABLES

Deliverable Name Deliver To Due Date/Frequency Accuracy Daily Pesticide Application Record and accompanying flight and map information - see section 5.4.9

PI and COR via email

Daily submissions to include flight, map, and any other accompanying information.

100% https://www.oregon.gov/oda/programs/Pesticides/Licensing

Final Pesticide Application Record and accompanying flight and map information - see section 5.4.9

PI and COR via email

Final compilation of all Daily PARs and any other pertinent information, as specified by the COR, due within 48 hours of task order completion. This shall include flight, map, and any other accompanying information.

100%

2 - CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities. (APR 1984)

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)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (NOV 2021)

52.242-13 Bankruptcy. (JUL 1995)

52.242-15 Stop-Work Order. (AUG 1989)

52.242-17 Government Delay of Work. (APR 1984)

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

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

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

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

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

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

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

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

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American;

and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) [Reserved]

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (MAY 2024)

(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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services: [Contracting Officer check as appropriate.]

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

[X] (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

[X] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[ ] (6) [Reserved]

[X] (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

[ ] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

[ ] (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition.

(DEC 2023) (Pub. L. 115-390, title II).

[ ] (ii) Alternate I (DEC 2023) of 52.204-30.

[X] (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C.

6101 note).

[X] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[ ] (14) [Reserved]

[ ] (15) 52.219-3, Notice of HUBZone…