Sol_140L0723Q0003.pdf

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CODE 18a. PAYMENT WILL BE MADE BY

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FACILITYCODE

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OFFEROR

LDB

BOISE ID 83705

3948 DEVELOPMENT AVE

BLM ID-BOISE DIST OFC(IDB00)

0004276376 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

03/30/2023 1000 MD

03/01/2023

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

140L0723Q0003

5. SOLICITATION NUMBER

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

1 47 0040602864OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

IDAHO FALLS ID 83401

1405 HOLLIPARK DRIVE

BLM-ID UPPER SNAKE FIELD OFFICE (ID

15. DELIVER TO

BOISE ID 83705

3948 DEVELOPMENT AVE

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EFFECTIVE DATE

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VETERAN-OWNED

SMALL BUSINESS

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BLM ID-BOISE DIST OFC(IDB00)

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EDWOSB

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UNIT PRICE

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UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 06/10/2023 Period of Performance: 06/01/2023 to 06/10/2023

00010 2023 FUEL BREAK HERBICIDE APPLICATION

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

RESOURCES/CONSERVATION- LAND TREATMENT PRACTICES

Continued ...

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HEREIN, IS ACCEPTED AS TO ITEMS:

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Nikki Bachman

. YOUR OFFER ON SOLICITATION (BLOCK 5),

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STANDARD FORM 1449 (REV. 2/2012) BACK

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47 2 of

SOLICITATION NO: 140L0723Q0003

TITLE: IFD Fuel Break 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 140L0723Q0003. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2022-08. 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 $30 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.

Questions Due Date: March 20, 2023 10:00 am MDT

Due Date: March 30, 2023 10:00 am 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: IFD Fuel Break Herbicide Application Page 4

TABLE OF CONTENTS

Section 1: Solicitation/Contract Form See Standard Form 1449

Section 2: Contract Clauses 15

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

Section 4: Solicitation Provisions 30

TITLE: IFD Fuel Break Herbicide Application Page 5

SECTION 1: BID SCHEDULE

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

BID SCHEDULE

FUEL BREAK HERBICIDE APPLICATION CONTRACT

Item

no. Item Description

Estimated Quantity

Unit of Measure Unit Price Total

0001A Herbicide Application 1,143* ac. $ $ 0001B 2,4-D LV6 Herbicide (2 pts/ac) 286 gal. $ $

0001C Metsulfuron methyl Herbicide (1 oz/ac) 1,143 oz. $ $

0001D Fluroxypyr Herbicide (12 oz/ac) 108 gal. $ $ 0001E Silicone Based Surfactant (4 oz/ac) 36 gal. $ $

HERBICIDE APPLICATION (ALL OR NONE) $

*GIS Calculated Quantity

PROPOSED SCHEDULE

Item Description Number of Crews & Each Crew Size

Estimated Quantity Per Day

Estimated Date of Completion

Fuel Break Herbicide Application

– 1,143* acres

_____/_____ _________ Acres _____/_____/_____

PERIOD OF PERFORMANCE: 7 working days ESTIMATED START DATE: June 1, 2023

TOTAL ESTIMATED ACRES: 1,143

Herbicide application along 98 miles of improved and unimproved desert roads resulting in an affected treatment area of 50 feet either side of the designated roads.

Application rate of 2 pints/acre of 2,4-D LV6 + 1 ounce/acre of Metsulfuron methyl + 12 ounce/acre of Fluroxypyr + 4 ounces/acre Silicone Based Surfactant. Carrier (water) will be at the 10-15 gallons per acre rate.

During application, desert roads may not be passable due to muddy or wet conditions.

Contractor will be required to start work within three days after being notified by the Contracting

Officer Representative (COR).

Note: This Solicitation is “All or None”

TITLE: IFD Fuel Break Herbicide Application Page 6

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

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

Item(s) # 0001A-E: Fuel Break Herbicide Application

1. Approximate Acreage: 1,143 acres

2. Location of Work Site as Shown on Work Location Map: The Big Desert Fuel Break project area is located in Bingham, Blaine, Butte, and Power Counties approximately 30 miles west of Blackfoot, Idaho. The project will be implemented along 98 miles of desert roads located on federal land administered by the Bureau of Land Management’s (BLM) Idaho Falls District (IFD), Upper Snake Field Office (USFO), and short segments of State of Idaho and private land (see Area Map). The topography of the project area consists of gently rolling lava plains with associated basalt bluffs and desert playas. Elevations range from 4,600 feet to over 5,300 feet above sea level at the base of Big Southern Butte.

3. Performance Times Allowed:

Base Line Item – 7 Day(s) of Actual Spraying

Detailed Specifications for Herbicide Application

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

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

5. Loading Facilities: N/A

6. Work Crew Requirements: Work crew for handling, mixing, and applying herbicide shall be furnished by the Contractor.

7. Herbicides and Adjuvant to be furnished by the Contractor: 2,4-D LV6, Metsulfuron methyl, Fluroxypyr, & Silicon Based Surfactant.

8. Kind of Herbicides and Adjuvant Requested: (See Attachment No. 1 & 2 for BLM rangeland approved Herbicides & Adjuvants)

2,4-D LV6:

2,4-D LV6 by Alligare, LLC or

2,4-D LV6 by Albaugh, LLC or

2,4-D LV6 by Helena Agri-Enterprises, LLC or

Base Camp LV6 by Wilbur-Ellis Co., LLC

Metsulfuron methyl:

Escort XP by Bayer Environmental Science or

Escort XP by DuPont Crop Protection

Fluroxypyr:

TITLE: IFD Fuel Break Herbicide Application Page 7

Alligare Fluroxypyr by Alligare, LLC or

Vista XRT by Corteva AgriScience or

Vista XTR by Dow AgroSciences

Silicone Based Surfactant:

Phase by Loveland Products, Inc.

Syl-Tac by Wilbur-Ellis Co., LLC

9. Herbicides and Adjuvant to be Furnished by Government: N/A

10. Location of Herbicides and Adjuvant to be furnished by the Government: N/A

11. Rate of Application:

2 pints of 2,4-D LV6 per acre

1 ounce of Metsulfuron methyl per acre

12 ounces of Fluroxypyr per acre

4 ounces of Silicone Based Surfactant per acre

10-15 gallons of water carrier per acre

12. Remarks and Other Requirements: The application will be paralleling improved and unimproved roads. A treatment area of 50 feet either side of the designated roads is the requirement. Due to the contour of the roads and the inability of certain equipment to precisely apply herbicides to the 50-foot treatment area, ground based application will be preferred method. The intent of the application is to treat the vegetated areas directly adjacent to the roadways. Every effort must be made by the applicator to ensure that a majority of the herbicide is applied to the target vegetation within the treatment areas. The timing of the treatment will need to be kept flexible to maximize the effects of the herbicide. The herbicide solution will need to be applied through properly maintained and calibrated equipment capable of delivering the desired volume per acre. The Contractor is responsible for the proper disposal of all mixed herbicide and for the clean-up of any/all spills. Should a spill occur, the Contractor will immediately notify the COR. The Contractor is responsible for applying herbicides in accordance with the Detailed Specifications in this contract, and the Herbicide Label. Controlling drift is the responsibility of the Applicator. BLM pesticide application records need to be filled out daily within 24 hours of application and submitted to USFO at completion of project. BLM pesticide application records will be provided by the Government at the Contractor/Contracting Officer meeting. The Contractor will be required to start work within three days after being notified by the Contracting Officer Representative (COR).

1.0 GENERAL

1.1 The purpose of this contract is to secure services for on-the-ground herbicide application targeting Russian thistle (Salsola kali), annual kocha (Bassia scoparia), as well as other roadside weeds, in addition to native shrubs located within designated fuel breaks. All services will be implemented with on-the-ground equipment such as 4x4 trucks, ATVs, or UTVs. The Contractor shall furnish all labor, herbicides, equipment, tools, materials, supervision, supplies, and incidentals; and perform all work necessary to complete the specifications in this contract.

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

TITLE: IFD Fuel Break Herbicide Application Page 8

Professional Applicator’s License in the Agricultural Pesticide Category before work on this contract.

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

1.4 Applicator Logs

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

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

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

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

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

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

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

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

2.0 LOCATIONS

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

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

3.0 HERBICIDES

3.1 The Contractor will supply all the herbicide necessary to complete the specifications of this contract.

Contractor is responsible for disposal of mixed herbicide.

3.2 The recommended herbicide application rate will be two (2) pints of 2,4-D LV6 + one (1) ounce of Metsulfuron methyl + twelve (12) ounces of Fluroxypyr + four (4) ounces of Silicone Based Surfactant per acre. The herbicide mixture will be applied with 10-15 gallons of water per acre. The contractor shall adhere to the application rate the Government has determined for each site. The rate is within the product label rate.

3.3 Adjuvants

3.3.1 Silicone based surfactants will be used at manufacturer’s recommended rates. The surfactant will be supplied by the Contractor. Contractor is responsible for disposal of mixed surfactant.

3.3.2 Drift agents may be used. If a drift control additive is used, read and carefully observe the cautionary statements and all other information appearing on the additive label. The Contractor http://www.idahofireinfo.com/

TITLE: IFD Fuel Break Herbicide Application Page 9 shall provide the drift agent. Controlling drift is the responsibility of the Contractor.

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

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

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

4.0 EQUIPMENT

4.1 General:

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

4.2 Equipment:

4.2.1 The Contractor shall furnish sufficient equipment to satisfactorily treat the designated area(s) in the time specified as required in the Detailed Specifications. Equipment shall be capable of traveling at moderate speed. Contractor shall have communications with the Government by using cell phones.

4.3 Spray Equipment:

4.3.1 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.

4.3.2 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.

4.3.3 Booms: Contractor shall furnish non-rust booms.

4.4 Work Crew:

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

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

4.4.3 Work crews should be well trained in noxious weed identification in Idaho for all stages of development. Work crews shall be well trained with the use of GPS units. A designated trained crew lead will need to be on-site during the duration of the project to secure project specification compliance.

4.5 Global Positioning System (GPS):

4.5.1 Requirement: A Trimble GPS or equivalent data collection unit that is capable of recording

TITLE: IFD Fuel Break Herbicide Application Page 10 points, lines, and polygons. A data dictionary or geodatabase with required input fields will be provided to the Contractor by the Government for data collection units.

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

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

4.5.4 The Contractor is required to log GPS locations of where treatments occurred.

5.0 EXECUTION OF WORK

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

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

5.3 Environmental Conditions

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

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

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

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

i Winds greater than 10 mph.

ii During rain or snow.

iii Within four hours after rain or snow, unless approved in writing by the COR.

iv When there is obvious surface run-off on work site v Will not be directly applied to water.

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

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

TITLE: IFD Fuel Break Herbicide Application Page 11

5.4 Spraying

5.4.1 On-the-ground treatment grids are required, 50-yard spacing between workers/applicators with 100% coverage of entire project boundary. Herbicide applications will be conducted on all noxious weed species found. See Detailed Specifications.

5.4.2 Rate of Spraying: Herbicide mixture shall be applied as follows: two (2) pints of 2,4-D LV6 + one (1) ounce of Metsulfuron methyl + twelve (12) ounces of Fluroxypyr + four (4) ounces of Silicone Based Surfactant per acre. Contractor will be required to demonstrate that they can provide adequate and uniform coverage at the appropriate application rate. Contractor shall furnish mixing equipment, suitable work crew, and perform mixing operation. Application formulation shall be applied thoroughly according to the Label and distributed over entire plant or infested area. Distribution of herbicide shall not vary more than ten percent (10%) above or below the average distribution of herbicide per acre from that specified.

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

5.4.4 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.

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

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

5.6 Field Quality Control: The Government representative(s) will make periodic site visits to inspect herbicide application. Inspected treatment sites will be selected based upon application data provided by the Contractor and/or previously identified locations where noxious weeds were present and water sensitive cards were placed.

5.6.1 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.

5.6.2 GPS data will be used to create an ArcGIS shapefile to determine treated areas.

5.7 Work stoppages: The Contractor agrees to work diligently to complete the application of the herbicide.

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

5.8 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.

5.9 Completion of contract: The Contract will be considered completed and payment due when all areas furnished to the Contractor by the Government have been treated to the standards specified above, and all applicator logs and GPS treatment data has been received.

TITLE: IFD Fuel Break Herbicide Application Page 12

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

6.0 MEASUREMENT AND PAYMENT

6.1 Method of Measurement

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

6.1.2 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 inspections of the area or a computer-generated shapefile created from GPS data at the option of Government. The shapefile will be used in ArcGIS for final acreage measurement. Acreages will be computed from horizontal distances as shown on maps at the option of Government.

6.1.3 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:

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

7.0 SAFETY

7.1 Transportation of herbicides: The Contractor shall be responsible for the transport of herbicides used to fulfill the specifications of this contract. The Contractor shall secure herbicide containers in mixing area to prevent spillage. Contractor shall be responsible for the herbicide’s protection from loss or damage due to weather, rodents, insects, theft, or any other hazard. Any herbicide damaged or lost while in the custody of the Contractor will be replaced by the Contractor at the Contractors expense.

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 clean-up facilities to contract employees exposed to herbicides or herbicide-contaminated equipment.

7.3 Storage of herbicides: Contractor is required to have locked storage for herbicide concentrate containers and keep herbicide locked-up while unattended.

7.4 Mixing and application of herbicides:

7.4.1 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.

TITLE: IFD Fuel Break Herbicide Application Page 13

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

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

TITLE: IFD Fuel Break Herbicide Application Page 14

GLOSSARY

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

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

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

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

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

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

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

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

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

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SECTION 2 - CONTRACT CLAUSES

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

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

52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.211-6 Brand Name or Equal (Aug 1999) (Supplies) 52.211-18 Variation in Estimated Quantity (Apr 1984) (Supplies) 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (Dec 2022) 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 (Dec 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. 4655). (Over 250K) https://www.acquisition.gov/browse/index/far#

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__ (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.)

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 (OCT 2021) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 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 2022) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (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 (OCT 2022) (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 (OCT 2022) (15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (OCT 2022) (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 (OCT 2022) (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 (OCT 2022) (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 (DEC 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.

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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.

__ (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 (MAY 2022) . (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 (DEC 2022) (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 [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

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

__ (50) 52.225-5, Trade Agreements (DEC 2022) (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. Subtitle A, Part V, Subpart G Note).

__ (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).

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__ (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. 3805).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

XX (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

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

__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (NOV 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.] XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67). (Services Only) XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (Services Only) __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

XX (7) 52.222-55, Minimum Wages Under Executive Order 14026 (JAN 2022).

XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

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

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

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

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(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 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)).

(iii) 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).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

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

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts…