Sol_140L0722Q0003.pdf

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OFFEROR

LDB

BOISE ID 83705

3948 DEVELOPMENT AVE

BLM ID-BOISE DIST OFC(IDB00)

0004276356 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

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RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/25/2022 1500 MD

05/05/2022

2083843317Nikki Bachman (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L0722Q0003

5. SOLICITATION NUMBER

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

1 65 0040569144OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

BOISE ID 83705-5389

3948 DEVELOPMENT AVE

BLM-ID BOISE DISTRICT OFFICE*

15. DELIVER TO

BOISE ID 83705

3948 DEVELOPMENT AVE

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VETERAN-OWNED

SMALL BUSINESS

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BLM ID-BOISE DIST OFC(IDB00)

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24.

AMOUNT

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UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Legacy Doc #: BLM Delivery: 07/15/2022 Period of Performance: 06/15/2022 to 07/15/2022

00010 Spring 2022 Yellow Starthistle Herbicide Application Product/Service Code: F001 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- AERIAL

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HEREIN, IS ACCEPTED AS TO ITEMS:

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Nikki Bachman

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STANDARD FORM 1449 (REV. 2/2012) BACK

24.

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23.

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22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

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ITEM NO.

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32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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65 2 of

SOLICITATION NO: 140L0722Q0003

TITLE: BDO Yellow Starthistle Herbicide Application Page 3

INFORMATION TO PROSPECTIVE QUOTERS

This is a combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Firm, fixed-price quotes are requested under Request for Quotation (RFQ) Solicitation number 140L0722Q0003. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2022-04. This solicitation is set-aside for small business under North American Industry Classification System (NAICS) code 115310. The Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $20.5 Million.

No Site Visit will be held

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

Due Date: Wednesday, May 25, 2022 3:00 pm, MDT Quotes will be accepted via Email at nbachman@blm.gov. Offerors must be registered and active in the System for Award Management (SAM) database found at https://www.sam.gov.

In accordance with this Solicitation Section 4 - Solicitation Provisions

See FAR 52.212-2 Evaluation - Commercial Items

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

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

❏ Is the unit price legible?

❏ Is the extended price correct?

❏ Have you initialed any changes or erasures?

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

https://www.sam.gov/

TITLE: BDO Yellow Starthistle Herbicide Application Page 4

TABLE OF CONTENTS

Section 1: Solicitation/Contract Form See Standard Form 1449

Section 2: Contract Clauses 16

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

Section 4: Solicitation Provisions 49

TITLE: BDO Yellow Starthistle Herbicide Application Page 5

SECTION 1: BID SCHEDULE

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

GOVERNMENT BID SCHEDULE

BDO YELLOW STARTHISTLE HERBICIDE APPLICATION

Line Item

Number Description

Est.

Quantity

Unit of

Issue Unit Price

Total Cost

0001 Yellow Starthistle Application 6/15/2022 – 7/15/2022 200 Acre

0002 Aminopyralid Herbicide Purchase 11 Gallon 0003 Spray Wet Surfactant Purchase 2.5 Gallon

BDO BLM Spring 2022 Yellow Starthistle Herbicide Application TOTAL – ALL or NONE

Total Estimated Acres: 200

Pre-Work Meeting: 6/01/2022

Approximate Application Start Date: 6/15/2022 Approximate Application End Date: 7/15/2022 Performance Time: Spray start dates will be determined depending on spring weather and phenological stage of target species. Contractor will be required to complete item 0001 in 1 calendar day from date of actual spray initiation. For more information, see detailed specifications.

The contractor will be required to start work within three days after notification from the Contracting Officer Representative.

Contractor will be required to purchase items 0002 Aminopyralid and 0003 Spray Wet Surfactant prior to application date ranges in items 0001.

Note: This Solicitation is “All or None”

TITLE: BDO Yellow Starthistle Herbicide Application Page 6

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

See Section J for additional attachments to include project specifications and drawings.

Item 0001 – Spring 2022 Yellow Starthistle Herbicide Application

1. Target Species: Yellow Starthistle, Centaurea solstitialis

2. Application Method: Appropriate to meet required project Period of Performance times.

Application Target Start Dates: Between June 15 and July 15, 2022.

3. Approximate Total Acreage: 200

Approximately 200 acres will be sprayed within the Yellow Starthistle Project Area identified on the map.

The 200 acres will consist of numerous, non-contiguous, treatment polygons, which will be identified by the Contracting Officer’s Representative (COR). Individual treatment polygons will range in size from approximately 5 acres up to 50 acres. These areas will be identified and updated shape files will be provided by the government prior to the commencement of spraying operations.

Contractor will be required to being spraying within 3 days of being notified by COR of appropriate target application dates within the specified target start date range.

4. Location of Work Sites as Shown on Work Vicinity Map: The project is located approximately 22 miles east of Payette, Idaho in Payette County.

The project will be implemented on federal lands administered by the Bureau of Land Management’s (BLM) Four Rivers Field Office.

Average elevation varies between project units and ranges from approximately 2,800-3,500 feet.

The access road from Payette to the project area is paved and improved gravel road maintained by the County.

The project area is approximately 1.5 miles by .7 miles in size.

5. Equipment/Materials to be supplied by the Contractor: All herbicide, adjuvants, and carrier shall be supplied by the contractor. All necessary equipment shall be supplied by the contractor. All equipment and materials supplied by the contractor shall be sufficient to meet specifications of the contract.

6. Loading Facilities: Use of any loading area on federal, state, or private land shall be arranged by and at the discretion and risk of the contractor. If the contractor wishes to use BLM land, this must be approved in advance by the Contracting Officer’s Representative.

7. Work Crew Requirements: Work crew for handling and mixing of chemical and loading equipment shall be furnished by the Contractor.

8. Herbicide used and Rate of Application:

Aminopyralid: 7 ounces per acre of Aminopyralid Spray Wet Surfactant: one quart per 100 gallons of water carrier.

Water: minimum of 5 gallons per acre

TITLE: BDO Yellow Starthistle Herbicide Application Page 7

9. Remarks and Other Requirements: Application will take place between the dates of June 15 and July 15, 2022. The timing of the treatments will need to be kept flexible in order to meet to maximize the effects on target species and minimize non-target impacts. Apply the spray solution in properly maintained and calibrated equipment capable of delivering the desired volume. Controlling drift is the responsibility of the Applicator.

0004 – Aminopyralid Purchase – See below.

0005 – Adjuvant Purchase – See below.

The contractor shall provide any of the formulations listed below for each herbicide (Aminopyralid and surfactant). All chemical will be supplied in either 1.0 gallon jugs or 2.5 gallon jugs. No chemical is to be supplied in barrels. These herbicides and adjuvants are on the Bureau of Land Management’s approved herbicide and adjuvant lists. These chemicals are rangeland approved. Substitutions will not be allowed. Make sure that the formulations match the specified EPA numbers or in the case of Adjuvants, match the Brand Name Manufacturer.

Chemical must be purchased and the contractor’s possession prior to June 15, 2022. The Government can be invoiced at that time for that pay item. The chemical will be stored by the contractor and available prior to the estimated start date. This shall be verifiable by the government through submission of invoice and label, or site visit.

Aminopyralid (11 gal.) Milestone by Dow 62719-519 Nonionic Surfactant (2.5 gal.) Spray Wet by Simplot WA Reg. 7001-08033

1.0 GENERAL

1.1 The purpose of this contract is to secure services for herbicide spray application. The Contractor shall furnish all labor, equipment, water carrier, tools, materials, supervision, supplies, equipment, and incidentals; and perform all work necessary to complete the application in accordance with these specifications and the Detailed Specifications in this contract, and the Herbicide Label(s).

1.2 The Contractor’s applicators shall hold a current Idaho Commercial Applicator’s License in the state of Idaho. Proof of license must be presented to the Contracting Officer before any award of Contract will be made.

1.3 The Contractor shall stop operation if inclement weather conditions (sustained wind greater than 6 mph or wetting rain) occur during the spraying operation.

1.4 All loading or material transfer sites shall be at least 100 feet away from any perennial or intermittent streams or other water sources.

1.5 Applicator Logs

A. The Contractor’s applicators shall maintain a daily Pesticide Application Record (PAR).

B. The PAR shall adhere to Idaho State Department of Agriculture record keeping requirements.

C. The daily PAR shall be signed by the applicator(s) and turned into the Project Inspector upon completion of the contract.

1.6 The Government will pay for treatment spraying by the acre upon submission of proper invoices, after

TITLE: BDO Yellow Starthistle Herbicide Application Page 8 acreage is determined to have been sprayed by using the computer generated shapefile from a GPS Differential Guidance/Tracking System.

1.7 The Contractor shall conform to the herbicide label and applicable State of Idaho and federal regulations when applying herbicides. All safety precautions shall be followed (See Section 7.0 - Safety).

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

2.0 LOCATIONS

2.1 The Government will provide work location maps for the site(s) to be treated with herbicide.

2.2 Work sites will not be marked by the Government.

2.3 The Government will provide GPS perimeter data of the boundaries of all sites that are to be treated with herbicides.

3.0 CHEMICALS

3.1 The Contractor WILL supply herbicide and adjuvants as directed in the Detailed Specifications.

3.2 The Contractor WILL supply water necessary to complete the specifications of this contract.

3.3 The contractor shall adhere to the herbicide application rate the Government has determined for each site.

The rate will be within the product label’s specifications.

3.4 Adjuvants

A. Adjuvants (drift agents, surfactants, pH buffers, etc.) may be used in addition to what is specified in the Detailed Specifications, with approval by the COR. It is always the contractor’s responsibility to control drift, whether or not the use of a drift control agent is specified.

B. The contractor shall adhere to all handling and use requirements listed on the adjuvant label. If additional adjuvants are used it is the contractor’s responsibility to ensure that they are compatible with all other chemicals being used.

C. All adjuvants shall be handled as chemicals. (See Section 7.0 - Safety).

E. No additional payment will be made to the Contractor for the use of Contractor furnished adjuvants not specified in the Detailed Specifications. These expenses shall be included in the unit price bid per acre for herbicide spraying.

4.0 EQUIPMENT

4.1 General - The Contractor shall spray designated areas in conformance with these specifications, the Detailed Specifications, state of Idaho regulations, and the herbicide label. Unless otherwise specified, the Contractor shall furnish all equipment, labor, supplies, and materials required to complete the job.

The Contractor shall furnish properly outfitted equipment with applicators experienced in applying herbicides in varied and rough terrain. The Contractor shall service and repair their equipment as necessary to maintain satisfactory progress on work. Contractor is responsible for all costs incidental to equipment mobilization and demobilization associated with the project.

TITLE: BDO Yellow Starthistle Herbicide Application Page 9

4.2 Equipment

A. The Contractor shall furnish sufficient equipment to satisfactorily spray the designated areas in the time specified as required in the Detailed Specifications. Equipment shall be capable of traveling at appropriate speed to give proper control and distribution of herbicide.

B. Base of Operations - The Contractor shall provide such loading facilities as may be required for competent performance of contract. Use of any loading area shall be arranged by and at the discretion and risk of the Contractor, and the Government shall not be held responsible for any loss, mishap, or accident due to conditions of any loading facility used. Any applicable fees for loading facilities are the responsibility of the Contractor. If Contractor wishes to use BLM land, this must be approved in advance by the Contracting Officer’s Representative. The Contractor must obtain permission from the state/county if roads will be utilized as landing sites. The Contractor shall provide appropriate warning signs for traffic if roads are used as loading sites.

C. The Contractor may leave its equipment at the work site, however, the Contractor shall be responsible for the equipment if it should be lost, stolen, vandalized or damaged. The Contractor is advised that vandalism of equipment may be a concern at the work site. 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.

D. Dust abatement - Any material used for dust abatement, other than water, shall be approved by the Contracting Officers Representative prior to use.

E. Flight Hazards – If Contractor aircraft(s) are utilized, hazards such as the presence of power lines or anemometer towers on the work site and military operations areas (MOA) or restricted flight areas on or near the work site are the responsibility of the Contractor to identify. All appropriate precautions shall be taken by the Contractor. It is the Contractor's responsibility to make arrangements with the appropriate military personnel to get permission to operate within a restricted flight area or MOA.

4.3 Spray equipment

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

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

C. Booms - Contractor shall furnish non-rust booms. The distance of the outermost nozzles on the boom must not exceed 3/4 the length of the wingspan or rotor if aircraft is utilized.

4.4 Work Crew

A. Applicators - Shall be furnished by the Contractor and shall meet certification requirements of

Idaho Regulations for this type of work.

Applicators must hold a current Idaho Commercial Applicator’s License. Proof of license must be presented to the Contracting Officer before any award of Contract will be made.

B. Work crew - Shall be furnished by the Contractor for handling and mixing the herbicide and loading the equipment. For aerial application Mixers and Loaders shall hold a Mixer/Loader certification of training. The Contractor shall furnish the necessary qualified mechanics for

TITLE: BDO Yellow Starthistle Herbicide Application Page 10 maintenance of equipment and shall furnish all fuel, oil, and service required for operation of equipment and vehicles. All expenses relating to maintenance and operation of equipment shall be included in the unit price bid per acre for herbicide spraying.

4.5 Project Layout

A. Requirement – A GPS Differential Guidance System. Contractor shall be required to utilize this

Differentially Corrected Global Positioning System (DGPS) for electronic guidance/tracking. For aerial application system will be- capable of utilizing ArcGIS shapefiles created by the government and given to the contractor on a standard USB memory drive.

B. On the ground flaggers and an auto-flagger system can supplement the DGPS system, but not substitute for it.

4.6 Differentially Corrected Global Positioning System (DGPS) A. Tracking/Guidance - DGPS is required for tracking, and data collection. The Contractor shall provide all guidance equipment, materials, computers, printers, personnel, and services required for the system to be used. The system shall be sufficiently sensitive to provide immediate deviation indications (real-time).

The DGPS system must be capable of determining a differentially corrected location with an error of no more than one to two meters in the horizontal plane. The tracking/guidance system shall be capable of updating current position at a rate of a minimum of one time per second. Differential correction must cover the complete operational area. During operation, differentially corrected signal must be accurately recorded at least 90% of the operational time. Differential correction may be provided by a portable differential station, FM radio fixed towers, or satellite.

Software provided with DGPS must be designed for parallel offset in increments equal to the assigned swath width of the application equipment.

4.7 Equipment Requirements:

A. Software: Software provided with DGPS must be designed for parallel offset in increments equal to the assigned swath width of the application equipment.

B. Project Log: Must be capable of a minimum rate of one-second logging intervals. Full record includes position, time, altitude or elevation, speed, track, application system on/off, job name/number, and differential correction status. The computer program must be capable of calculating and show total acres treated during the application and also capable of downloading to a computer for analysis and review. The project log must show and differentiate between spray-on and spray-off when viewed on a computer monitor or printer. Export files of each project log shall be provided and must be compatible with ArcGIS system on a standard USB memory stick.

The Contractor may provide software that is compatible and which will enable the files to convert into viewable files for ArcGIS. The contractor must, upon request by the COR or Project Inspector, be able to supply project log data on a USB memory drive for review at any time during the contract. The Contractor will provide project log data at the end of each day’s application. The Contract will not be considered complete until the data has been reviewed and deemed complete with no skips in the sprayed areas. The DGPS system must be capable of zooming in on any portion of the treatment to view a specific area with greater detail.

C. Hardware:

1. Visual Display Monitor and Control Keypad: (1) Capable of displaying swath width over

TITLE: BDO Yellow Starthistle Herbicide Application Page 11 project path: (2) mounted in a location that will allow the applicator to view the screen;

(3) have a method to display nested polygons to indicate sensitive or no-spray areas within or adjacent to treatment blocks: (4) have a feature that allows the applicator to return to the exact location of application shutdown and complete application without omitted or doubled treated areas: (5) be able to input reference waypoints (A-B line): (6) have a feature which alerts applicator when they are about to enter or exit a specific treatment block or an exclusion area within a block.

2. Course Deviation Indicator (CDI): The course deviation indicator or course deviation light must have the capability to display both cross-track error and intercept angle to desired heading. Cross-track error shall be adjustable down to (1) foot.

3. Memory: Must be capable of storing up to 10 hours of continuous project log data.

5.0 EXECUTION OF WORK

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

5.2 Priority of Work - Units will be sprayed in the order as directed by the COR. Each unit shall be completed prior to moving to the next unit unless otherwise agreed to by the COR.

5.3 Environmental Conditions

A. Work Period - Spraying Operations will be permitted only during daylight hours. The

Contractor will have personnel on project site prior to commencing daily application, during application, and will notify COR or Project Inspector of changing weather conditions. It is the contractor’s responsibility to have personnel monitoring the weather and site conditions within each unit, and not just at loading sites. The COR or Project Inspector will allow Contractor to continue or stop application if weather factors dictate. The COR or Project Inspector will give the permission to start, approximately one (1) hour from notification of conditions, depending on location of project from the Boise District Office. The Contractor will be allowed to work seven days per week including Saturdays and Sundays.

B. Wind - The Contractor shall follow the Label Section on Spray Drift Management - Wind. Wind speeds for aerial applications shall not exceed sustained 6 mph. Local wind can influence wind patterns. Every applicator should be familiar with local wind patterns and how they affect drift.

It is the contractor’s responsibility to have personnel monitoring the weather and site conditions within each unit, and not just at loading sites.

C. Relative Humidity - Refer to the product label when making applications in low relative humidity conditions. Measurements can be obtained from local National Weather Service. It is the contractor’s responsibility to have personnel monitoring the weather and site conditions within each unit, and not just at loading sites.

D. Site Conditions - No treatment spraying will be allowed if conditions do not meet the label requirements. It is the contractor’s responsibility to have personnel monitoring the weather and site conditions within each unit, and not just at loading sites.

TITLE: BDO Yellow Starthistle Herbicide Application Page 12

5.4 Spraying

A. Coverage - The entire surface within the designated boundaries of the project area shall receive uniform coverage with the herbicide except for areas excluded by the Government. Areas excluded from the spraying operation within the designated boundaries, will not be included in the acreage computed for payment. Any areas not covered by Contractor shall be reapplied or compensated by suitable contract adjustment, at the option of and at no additional cost to the Government. (See section 5.7 Field Quality Control and Section 5.10 Completion of Contract)

B. Land Patterns - Project sites include varying land patterns. State and/or private land can be surrounded by BLM lands or BLM lands may be surrounded by private and state lands.

Contractor shall be capable of applying herbicide to small irregular shaped areas in difficult terrain with varied elevations and avoiding lands not owned by the BLM or that are not included in this contract.

C. Terrain - Project sites are located in hilly to steep terrain of differing elevations. Contractor shall be capable of applying herbicide in contouring patterns as influenced by topography. Contractor shall be capable of distributing the herbicide in varying elevations while maintaining applicable above ground level application height based on varied terrain below (not at one fixed height for all varying terrain). Contractor WILL NOT BE allowed to apply the herbicide at one fixed height above ground level in varying terrain contours and elevation.

D. Rate of Spraying - Herbicide shall be applied at the application rate per acre according to the work data sheet. The carrier for the chemical will follow the amount specified in this contract but will not be less than label limits for aerial or ground application. Contractor will be required to demonstrate that they can provide adequate and uniform coverage. Contractor shall furnish mixing equipment, suitable work crew, and perform mixing operation. Spray formulation shall be thoroughly mixed according to the Label and distributed over entire area. Distribution of herbicide shall not vary more than ten percent (10%) above or below the average distribution of herbicide per acre from that specified.

E. Application Paths - Shall be patterned to secure a uniform distribution of herbicide. Contractor must insure that there will be straight and regular paths of application. The Contractor must keep spray applications within the perimeter of the Government provided shapefile. Irregular paths or areas sprayed outside of the perimeter will result in immediate stoppage of work. Corrective action shall be taken immediately by the Contractor to insure evenly spaced, straight, and regular application paths and complete coverage of areas included in the spraying job. NO overlapping or stripping shall be allowed.

F. Swath Width: Effective swath width shall not exceed the maximum for adequate coverage of supplied spraying equipment.

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

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

TITLE: BDO Yellow Starthistle Herbicide Application Page 13

I. Buffer Zones: The Contractor is required to follow herbicide label instructions for minimum buffer zones. The Contractor will maintain the greater of 100ft or the label recommended minimum buffer zone from all sensitive areas, streams, ponds, other waterways and agricultural areas.

5.5 Cultural Considerations – Because cultural resources may be present in the area, ground-based project activities and any other action that causes disturbance of the ground’s surface shall be limited to those areas approved by the BLM. The Contractor shall insure that he, his employees, or his representatives do not collect or disturb historic or prehistoric artifacts in accordance with the Archeological Resources Protection Act (43 CFR 7). Should the condition of the cultural resources in the area be altered during treatment due to unauthorized activity by the Contractor or his employees, the Contractor shall be responsible for all costs of mitigating the cultural resources involved. If deterioration of the archeological sites is found to be occurring during treatment, work on the project shall be terminated until a data recovery plan is prepared and completed in accordance with the National Historic Preservation Act (36 CFR 800). The contractor shall immediately bring to the attention of the Contracting Officer any and all cultural resources including, but not limited to, historic and prehistoric sites or artifacts, buried artifacts, and buried features such as fire pits, burials, and house floors discovered as a result of treatment operations. The Contractor shall immediately suspend all activities in the immediate vicinity that might harm the object(s), notify the Contracting Officer, and shall leave such discoveries intact until instructed to proceed by the Contracting Officer.

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

5.7 Field Quality Control

A. Tests for Uniformity: The Government representative may make tests to determine uniformity of herbicide application. Randomly spaced water sensitive cards or equivalent will be utilized.

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

5.8 Work stoppages - The Contractor agrees to work diligently to complete the application of the herbicide.

Partial work days will be counted as full days of performance time.

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

5.10 Completion of contract - The Contract will be considered completed and payment due when all areas furnished to the Contractor by the Government have been sprayed to the standards specified above and all GPS data has been provided to the government. Test for uniformity will be made at the time of spraying, and final completion of the contract will be determined by these tests.

5.11 Risk damages - The Contractor shall assume all risks in connection with performance of the contract and shall be liable for and save Government harmless on account of any damages to persons or property in connection with the prosecution of the work, including the applicator or other employees of the Contractor.

TITLE: BDO Yellow Starthistle Herbicide Application Page 14

6.0 MEASUREMENT AND PAYMENT

6.1 Method of Measurement

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

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

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

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

6.2 Basis of Payment:

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

7.0 SAFETY

7.1 Transportation of herbicides - The Contractor shall be responsible for the transport of chemical herbicides used to fulfill the specifications of this contract to the Contractor’s loading site. The Contractor shall secure herbicide containers in mixing area to prevent spillage. The Contractor will be responsible for its protection from loss or damage due to weather, rodents, insects, theft, or any other hazard.

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

7.3 Storage of herbicides - The Contractor will be responsible for the storage of all chemical.

7.4 Mixing and application of herbicides:

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

B. By law, the application of an herbicide, either directly or through drift, must not expose workers or other people. The Contractor shall be aware and cautious of any environmental hazard present during herbicide application. Upon completion of herbicide application, the Contractor shall

TITLE: BDO Yellow Starthistle Herbicide Application Page 15 thoroughly clean equipment and dispose of waters, residues, rinses, and unused herbicides only according to EPA and Idaho State regulations. All empty herbicide containers will be tripled rinsed, labels removed, and punctured by the Contractor after mixing. The Contractor shall be responsible for disposal of the empty boxes, labels, and lids. The Contractor shall be responsible for disposal or recycling of the empty containers.

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

GLOSSARY

ACTIVE INGREDIENT: The chemicals in a herbicide which control the targeted noxious weed species.

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

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

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

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

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

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

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

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

TITLE: BDO Yellow Starthistle Herbicide Application Page 16

SECTION 2 - CONTRACT CLAUSES

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

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

52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (Nov 2021) 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

(Sept 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (Alt I) (Jul 1995) 52.223-6 Drug-Free Workplace (May 2001) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-2 Differing Site Conditions (Apr 1984) 52.242-15 Stop-Work Order (Aug 1989)

2. 52.212-5 Contract Terms and Conditions Required to Implement Statutes Or Executive Orders--Commercial Products and Commercial Services (Jan 2022)

(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 and Other Covered Entities (NOV 2021) (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

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

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

[Contracting Officer check as appropriate.] __ (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. 2402). (Over 250K) __ (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 https://www.acquisition.gov/browse/index/far#

TITLE: BDO Yellow Starthistle Herbicide Application Page 17

(JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

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

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

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

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

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

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

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (SEP 2021) of 52.219-9.

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

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

__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

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

__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

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

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O.13126). (Supplies) XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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

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

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (Over 250K) __ (ii) Alternate I (JUL 2014) of 52.222-35.

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

__ (ii) Alternate I (JUL 2014) of 52.222-36.

TITLE: BDO Yellow Starthistle Herbicide Application Page 18

__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (Over 250K) __ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

XX (35) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (NOV 2021) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) (Over 250K) __ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

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

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

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

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

__ (ii) Alternate I (Jun2014) of 52.223-14.

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

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

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

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

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

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

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

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2021) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

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

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

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

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

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

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021)

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(41 U.S.C. 4505, 10 U.S.C.