Sol_140L4025Q0040.pdf

140L4025Q0040

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

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

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

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

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

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

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

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

08/04/2025 0044023605

1 63

301 DINOSAUR TRAIL

SANTA FE NM 87508

BLM NM-STATE OFC-SANTA FE(NM916)

10/31/2025

BLM- NM- Albuquerque Dist. Office

100 Sun AVE NE STE 330

Albuquerque

NM 87109

505 372-8814Eleanor Tippeconnie

08/18/2025 1700 MD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Period of Performance: 09/01/2025 to 10/31/2025

00010 ADO - Aerial Herbicide End Product Service Product/Service Code: F001 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- AERIAL

FERTILIZATION/SPRAYING

Delivery: 10/31/2025

12. DISCOUNT FOR PROMPT PAYMENT

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

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

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

SECTION B - SUPPLIES OR SERVICE AND PRICE/COSTS

BID SCHEDULE

ADO – BROADCAST HERBICIDE APPLICATION FOR GRASSLAND RESTORATION AND INVASIVE

PLANT CONTROL

Estimated Unit

Item Description Quantity Unit Price Total

1. Furnish and apply _3,759 Acre $ .00 $ .00

Pelleted Herbicide Application

Brush treatment at 0.5 lbs active ingredient pelleted tebuthiuron per acre.

2. Furnish and apply 2,336 Acre $ .00 $ .00

Pelleted Herbicide Application

Brush treatment at 0.75 lbs active ingredient pelleted tebuthiuron per acre.

**TOTAL BID (All or None):** $

Each treatment map will specify the target species, size of area to be treated (in acres), the location of the site, and include an ArcGIS shape file(s) of all areas to be treated upon request.

* Total Acres available is contingent on per acre bid price and available project funds.

SECTION C – STATEMENT OF WORK

ADO – BROADCAST HERBICIDE APPLICATION FOR GRASSLAND RESTORATION AND INVASIVE

PLANT CONTROL

C.1.0 GENERAL:

C.1.1 Introduction:

The U.S. Bureau of Land Management (BLM) intends to restore native rangeland back to a healthy condition through an end product service contract. Work will involve broadcast application of pelleted herbicide for control of the identified target native plant species. Herbicide shall be contractor supplied and applied as identified in the bid schedule. All surface disturbing activity is prohibited, ground-based application will not be permitted due to the potential to cause resource disturbance.

The contractor shall be required to hold a NMDA commercial agricultural herbicide applicator license and be capable of identifying the target vegetation species.

C.1.2 Location and Boundaries of Projects:

State of New Mexico, as indicated on attached Project Maps. Work type, quantities, locations and boundaries will be shown on the work data sheets and maps provided with each project area. The project area is depicted on the Location and Vicinity Maps and includes 6,095 acres total.

C.1.3 Access to the Work:

Access to the work shall be provided by and at the Contractor’s expense.

Prior to building of access roads across lands under the jurisdiction of the Bureau of Land Management, the Contractor shall obtain approval of the Contracting Officer. Public or private access roads damaged by the Contractor shall be restored, at the Contractor’s expense, to the same condition they were in at the commencement of work. Access construction shall be accomplished with regard for environmental considerations.

C.1.4 Scope:

This contract shall be a rate per acre contract, end product service contract, provide and broadcast apply herbicide as indicated. The services in this contract are designed for restoring native grasslands in New Mexico.

This will include the Contractor providing all labor, equipment, supplies and materials to apply the specified herbicide to control the target species identified in the statement of work. This would include mobilizing, demobilizing and cleanup in remote areas across NM.

C.1.5 Applicable Directives:

All work shall be done in accordance with all federal, state and local laws and regulations to include the herbicide label. The contractor shall be responsible to attain any required permits for the area in which the work will be performed.

C.1.6 Environmental Considerations:

1. Protection of the Site(s): The aesthetic values of the site and surrounding area are of prime importance. The Contractor shall take all care necessary to preserve plant life and other natural features.

2. Equipment and Materials: Travel with equipment and storage of materials will be limited to existing or designated road or trail areas. Any deviation from this stipulation must have prior written approval of the Contracting Officer.

3. Work Camp: The location of any work camp by the Contractor must be approved in advance by the Contracting Officer. Should such a camp be established, the Contractor shall maintain the camp in a sanitary, orderly manner; and, upon vacating the camp, refuse and other signs of occupancy shall be removed or obliterated by the Contractor. In the equipment maintenance areas, special precautions shall be taken to contain spilled fuel, lubrication products, wash water, and chemicals. If the appointed Contracting Officer’s Representative (COR) or Project Inspector (PI) suspects that contractor equipment is contaminated with noxious/invasive weed seeds or vegetative structures capable of reproducing, they may be asked to decontaminate the equipment prior to entering or exiting the camp/batching/loading site(s).

4. Operations and Storage Areas: Operations of the Contractor (including storage of materials, project office, camping area, and equipment parking) on Government premises shall be confined to areas approved by the Contracting Officer. The surrounding landscape shall not be disturbed. In the event that it is disturbed, the Contractor shall restore that area at the Contractor's expense. Government premises adjacent to the project location will be made available for use by the Contractor without cost whenever such use will not interfere with other Government activities.

5. During periods of inclement weather or drought, operations shall be suspended when, according to the judgment of the Contracting Officer, they have the possibility of unduly harming the surface or having a negative effect on the herbicide application.

C.1.7 References:

1. Referenced Specifications/Standards with Abbreviations and/or Acronyms:

Wherever the following acronyms are used in these specifications or in the drawings, they are to be construed the same as the respective expressions represented. Copies of the referenced specifications/standards referred to herein may be procured by the Contractor, from the following:

E.P.A. Environmental Protection Agency 401 M. Street Washington, D.C. 20460

C.1.8 Certification:

Furnish 3 copies of written certification from the supplier of the Contractor-furnished herbicide that it conforms to the Government requirements.

C.1.9 Protection:

The Contractor shall protect section corners, bench marks, well markers and other survey markers and stakes, from damage or removal. In case of destruction or removal by the Contractor, they will be replaced by the Government and the actual cost for replacement will be deducted from payments due to the Contractor.

C.2.0 CONTRACTOR-FURNISHED ITEMS:

C.2.1

The Contractor shall deliver Contractor-furnished herbicide in original unopened containers, as specified. The herbicide to be furnished will be identified in each specific task order and will be one of the types shown in section Section B - BID SCHEDULE.

C.2.2 Source Quality Control:

1. The Contracting Officer may permit the use, prior to sampling and testing, of materials when accompanied by Certificates of Conformance. Materials used on the basis of a Certificate of Conformance may be sampled and tested.

Installation of materials on the basis of Certificates of Conformance shall not relieve the Contractor of the responsibility for incorporating materials which conform to the requirements of the specifications. Material not conforming to those requirements will be subject to rejection, whether in place or not.

2. The form of the Certificate of Conformance provided by the supplier shall be as follows:

a. State that the named product conforms to the contract requirements.

b. Be accompanied by a certified copy of the test results, or certify that such test results are on file with the manufacturer and will be furnished to the Contracting Officer upon request.

c. Provide the name and address of the manufacturer, the testing agency, and the date of tests.

d. Set forth the means of identification which will permit field determination of the product delivered as being the product covered by the certification.

C.2.5 DELIVERY, STORAGE, AND HANDLING:

A. Delivery: Contractor shall protect products incorporated into the work from damage while in transit to the site. Products must be delivered in original unopened containers with the manufacturer's name and brand designation and contents legibly indicated.

B. Storage: Contractor shall provide temporary storage facilities for products. Storage shall comply with the manufacturer's instructions, including protection from inclement weather. The storage area shall permit access for inspection and handling.

C. Handling: The Contractor shall load and unload products protecting them from damage until installation/application on the project.

C.3.0 EQUIPMENT:

A. Equipment:

1. General: The Contractor shall furnish equipment to broadcast apply herbicide to the designated areas in the time specified.

2. Type: Equipment used shall be suitable for applying herbicide at appropriate rates.

B. Pellet Dispersing Equipment:

Equipment shall be equipped to carry pellets with a positive metering device complete with release, shutoff, and spreading device which can be calibrated for the application of pellets at the prescribed rate and uniform pattern.

C. Differentially Corrected Global Positioning System (DGPS) Navigation:

General: DGPS is required for this contract. DGPS shall be used for application guidance and tracking. The contractor shall provide all guidance equipment, materials, computers, printers, personnel, and services required for the system to be used. The guidance equipment shall be capable of accurately guiding the application of herbicides while dispensing at application above the plant canopy, along parallel application lines equal to the designated swath width of the application equipment. The system shall be sufficiently sensitive to provide immediate deviation indications and sufficiently accurate to keep the equipment on the desired application path.

Accuracy: The DGPS system shall be capable of determining a differentially corrected location with an error of no more than one (1) meter on the horizontal plane. The guidance system shall be capable of updating current position at a rate of five (5) times per second. Differential correction must cover the complete operational area. During operation, the 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.

Equipment Requirements:

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

Application Log: Must be capable of:

1. A minimum rate of one-second logging intervals. Full record includes position, time, altitude, speed, track, application system on/off, equipment number, applicator, job name/number, and differential correction status.

2. Calculating and showing total acres treated during the application.

3. Downloading daily, or more often as needed, to an onsite computer for post-application analysis and review. Data from the equipment must be available for submission to the government at all times as requested by the COR/PIs. The application log must show the entire application route from departure of the staging area to return and differentiate between spray-on and spray-off when viewed on a computer monitor or color printer. Export files with swath data and of the swath data incorporated into a single polygon shape file of each application shall be provided and shall be compatible with the ARCPRO system on a standard Universal Serial Bus(USB) drive or through email at the completion of the contracted acres. The contractor shall have the swath data, and the swath generated polygon shape file submitted to the government within two weeks of finishing treatments. The contractor shall have the final swath data, and the swath generated polygon shape file submitted to the government within one week of finishing treatments.

4. Zooming in on any portion of the treatment to view a specific area with greater detail.

Hardware: Shall possess the following features:

Visual display monitor: (1) Capable of displaying swath width over application path: (2) mounted in equipment in a location that will allow the applicator to view the screen with direct or peripheral vision without looking down; (3) may display in real-time or be available for access immediately after application has ceased.

Control Keypad: The keypad shall: (1) be able to input reference waypoints (A-B line): (2) have a feature that alerts the applicator when they are about to enter or exit a specific treatment block or an exclusion area within a block: (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.

Course Deviation Indicator (CDI): The course deviation indicator or course deviation light shall have the capability to display both cross-tract error and intercept angle to desired heading. The CDI must be installed on the application equipment in a location that will allow the applicator to view the CDI with direct or peripheral vision without looking down. Cross-track error shall be adjustable down to one (1) foot.

Memory: Shall be capable of storing up to 12 hours of continuous application log data.

C.3.1 PERSONNEL:

A. Personnel:

All required personnel and equipment to complete the contract shall be furnished by the Contractor. Personnel shall be able to hear and converse with the Project Inspector at the load site and Project Inspector field personnel via BLM radio frequency throughout the duration of the contract and able to monitor secondary frequency such as when working in restricted areas or when multiple operations are underway.

C.3.2 PROJECT CONDITIONS

A. Work Limits: The government may define with conduit and flagging the outer perimeter of areas to be treated and areas within such perimeter which are to be excluded from herbicide application. The government provided shape files will be the final authority on the areas to be treated and excluded unless directed otherwise by the Contracting Officer.

B. Work Hours: Herbicide application will be permitted only during daylight hours.

C. Work Days: Herbicide operations will be permitted on every day of the week and holidays after Notice to Proceed has been issued and must be pursued with diligence until completion of the project within the limits of the herbicide label, the BLM Vegetation Environmental Impact Statement Standard Operating Procedures, and BLM Handbook 9011-1.

D. Work Staging Facilities: The Contractor shall obtain required work staging facilities or work areas to be used. The contractor assumes full responsibility and liability for work areas used.

E. Environmental Conditions: Application equipment will not be allowed to release herbicide within 500 ft. of agricultural crops or 1,320 ft. from residences having plants susceptible to damage from herbicide.

F. Special Requirements: Time is of the essence. Failure to commence actual herbicide operations within five (5) calendar days from date of receipt of Notice to Proceed, weather permitting as determined by the Contracting Officer, will be considered cause for terminating contractor's right to proceed under the contract clauses of this contract. Application shall not be made during rainstorms nor when winds affect application uniformity or when ground surface conditions are unsuitable (snow or ice on ground).

C.3.2 PREPARATION

A. Wind Conditions: Pelleted Herbicide - Application of herbicide shall not be done when the wind is not at a constant velocity or exceeds an average of 15 mph.

B. Application Paths: Irregular paths of application will result in immediate stoppage of work. Corrective action shall be taken immediately by the Contractor to ensure evenly spaced, straight, and regular application paths and complete coverage of areas included in the application job.

The contractor or his applicators may be asked to apply herbicide along the edges of drainages to increase buffer distance if the predominant application path(s) are perpendicular to drainages as an effort to reduce drift into leave-out areas. If field conditions indicate excessive drift into leave-out areas, the contractor or his applicators may be asked to make appropriate adjustments to minimize such drift.

C. Application Hazards: The Contractor shall check the operating areas for any obstructions or hazards to the personnel or equipment prior to herbicide application.

D. Restricted Areas: The Contractor shall comply with any restrictions and shall obtain clearance to enter any prohibited or restricted areas. Radio contact shall be maintained with agency field personnel and personnel responsible for control of restricted areas.

C.3.3 APPLICATION

A. General: All herbicide applications shall be done in accordance with the Specimen Label for the herbicide being used. The entire surface within the designated boundaries of the project area shall receive uniform coverage with the herbicide except areas excluded by the Government. Personnel may be asked during treatment to not treat certain areas of the shape file polygons, as directed by the COR/PI field personnel. These acres not treated within the treatment polygons may be added onto other polygons close to areas to be treated in the contract to make the treated acres match the acres that were contracted for. Areas excluded from the herbicide operation within the designated boundaries will not be included in the acreage computed for payment if actual treatment has not occurred.

B. Rates of Application: Specified herbicides shall be distributed at the rate indicated in the work data sheet. Refer to the Work Data Sheet/Bid Schedule for the specific rates of application by project.

C. Application Width: Pelleted Herbicide: Swath width for broadcast application shall be determined by calibration of broadcast application system at pre-work meeting at the staging area. However, because there are many different types of pellet application systems, the system must be calibrated prior to application and may be field verified to ensure the equipment will apply at the specified rate and distribution.

D. Application Strips: Shall be patterned to secure a uniform distribution of herbicide. Such distribution shall not vary more than 5% above or below the average distribution of herbicide per acre.

E. Application Height: Pelleted Herbicide: Shall be low enough to obtain proper distribution and uniform coverage of herbicide above ground level to allow for proper herbicide dispersion. Pellet application shall not be made during a rainstorm, snow, or when the ground is frozen.

C.3.4 PRODUCTS

Materials:

A. The Contractor shall deliver Contractor-furnished pelleted herbicide in original, unopened containers. EPA registered products on the BLM approved list of herbicides.

B. Herbicide shall conform to the following: Spike 20P or generic equivalent 20% by volume pelleted tebuthiuron herbicide shall conform to the following:

Active Ingredient(s):

Tebuthiuron: N-[5-(1,1-dimethylethyl)-1,3,4-thiadiazol-2-y1]-N,N’-dimethylurea .......................................................................................... 20.0% Inert Ingredients .............................................................................. 80.0% Contains 0.2 pounds active ingredient per pound of product.

Contains 5 pounds active ingredient per 25 pound bag.

EPA Reg. No. 62719-121 (or generic equivalent EPA Reg. No. 81927-41;

EPA Reg. No. 83529-170)

C.4.3 FIELD QUALITY CONTROL:

A. Tests for Uniformity: The Contracting Officer will make tests to determine uniformity of herbicide application.

B. Tests for Rate of Application: Rate of herbicide application will be determined from test applications and/or calibration made prior to commencement of spraying operations to establish setting of the distribution mechanism. Test applications and/or calibration checks shall be made as often as necessary to ensure the distribution mechanism is calibrated correctly. Calibration will be within 1% of the requested rate per acre. Project inspectors will be allowed to look into the application equipment to view the data generated from each application for acreage calculations and shape file accuracy.

Project inspectors must be allowed to look into the application equipment before and after each application to determine if the herbicide is being used completely.

C. The contractor shall be able to perform a minimum production rate of

1,000 acres sprayed per day, weather contingent.

D. The contractor shall have the ability and all appropriate equipment to spray very large projects which include landscapes with vast changes in topography from flat to mountainous.

E. The contractor shall control the spray pattern and safely and evenly apply over uneven terrain, contouring at consistent application heights and speed. The contractor shall be able to perform these services on fine-scale detailed projects.

C.4.4 METHOD OF MEASUREMENT

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

B. Measurement: The determination of the acreage of completed work will be made from GPS/GIS calculations from the export files of the contractor as compared to the original shapefiles supplied by the government, the actual amounts of herbicide loaded into the application equipment as applied at the correct rate per acre, along with field observations to insure proper herbicide placement. Area measurements required under this Contract will be measured on a horizontal plane.

C. Remeasurement: Remeasurement of the acreage under this contract will be made upon written request of the contractor. The request for remeasurement must be made in writing within 10 calendar days after completion of 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%.

When the measurements are less than 5%, the results from the first measurement will be used.

C.4.5 BASIS OF PAYMENT

Payment: Payment will be full compensation for the work described above.

Payment will be made on the determination of the acreage of completed work multiplied by the unit price per acre established in the Bid Schedule.

However, final payment will not be authorized until all GIS data has been received and verified. Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

C.5.0 SECURITY AND SAFETY

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

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

C. Hazards - Hazards such as the presence of power lines or anemometer towers on the work sites and military operations area (MOA) or restricted areas on or near the work sites are the responsibility of the contractor. The contractor shall be responsible for making arrangements with the appropriate military personnel to get permission to operate within a restricted area or MOA.

D. Operations within Military Areas- If an “End Product” purchase order project is being conducted within Military areas (MOA, RA, MTR) it is the responsibility of the contractor to coordinate with the Military Scheduling Office/Range Control. Agency staff may inform the contractor of any DOI agreements with Military organizations regarding coordination and may contact the Scheduling Office/Range Control to alert them of the project and general time frames of operations and to provide them with contractor contact information.

E. Unmanned Aircraft Systems- If UAS will be utilized (i.e., Unmanned

Aircraft System) please describe the equipment to be used, compliant with OPM-35 and DOI covered UAS assessment Guide Version 4.0 (see attached).

END OF SECTION

Performance Time: 45 Calendar Days from notice to proceed. Ideally work will be planned to start September/October 2025.

C.6.0 ATTACHMENTS

Attachment 1: Project/Vicinity Maps - See attached PDFs Attachment 2: “Covered UAS” Assessment guide Attachment 3: DOI Operational Procedures Memorandum (OPM) - 35

Page 1 of 3 OAS

V4.0-03/28/2023

U.S. Department of the Interior “Covered UAS” Assessment Guide

Purpose: This guide is intended to provide a clear and easy way to determine whether a candidate UAS meets the definition of a “Covered UAS.” In doing so, it provides Department and bureau leadership with important information necessary to ensure compliance with Secretarial Order (SO) 3379 of January 29, 2020 and follow-on guidance issued via DAS-PRE memorandum issued on October 20, 2022 and Executive Order (EO) 13981. This guide can be shared with prospective parties interested in entering into future contracts, grants, or cooperative agreements to operate UAS on Department-managed lands as a method to determine whether the UAS comply with the requirements of SO 3379 and EO 13981.

Background: SO 3379 and the follow-on DAS-PRE Memorandum issued on October 20th, 2022 requires heads of DOI bureaus and offices to: (1) limit Department funds from being expended for covered UAS,

(2) condition all Department contracts, grants, and cooperative agreements relying on UAS for achieving approved objectives on the requirement that funds will not be expended on covered UAS, (3) condition all parties' operations pursuant to a Department contract, grant or cooperative agreement on the requirement that covered UAS will not be operated on Department-managed lands, and (4) execute their responsibilities under this Order consistent with guidance from the Assistant Secretary for Policy, Management and Budget (AS PMB). On October 20, 2022, in accordance with SO 3379 and EO 13981, AS PMB issued implementation guidance on the definition of “covered UAS."

References:

(1) Secretary’s Order 3379 of January 29, 2020:

https://www.doi.gov/sites/doi.gov/files/elips/documents/signed-so-3379-uas-1.29.2020-508.pdf

(2) Executive Order 13981 https://www.federalregister.gov/documents/2021/01/22/2021-01646/protecting-the-united-states-from-certain-unmanned-aircraft-systems

(3) AS PMB Memorandum: “Covered UAS” under Secretary’s Order 3379 of October 20,2022:

SO Update and OAS-28 Information Bulletin.pdf

Definitions:

UAS - An unmanned aircraft system (UAS) is an “aircraft” as defined in the FAA’s authorizing statutes and is therefore subject to regulation by the FAA. 49 U.S.C. § 40102(a)(6) defines an “aircraft” as “any contrivance invented, used, or designed to navigate or fly in the air.” The FAA’s regulations (14 C.F.R. § 1.1) similarly define an “aircraft” as “a device that is used or intended to be used for flight in the air.”

Because an unmanned aircraft is a contrivance/device that is invented, used, and designed to fly in the air, it meets the definition of “aircraft.” As a UAS is defined and operates as a system that includes the vehicle, ground control station (GCS), payload, and onboard and offboard data processing capabilities, https://www.doi.gov/sites/doi.gov/files/elips/documents/signed-so-3379-uas-1.29.2020-508.pdf https://www.federalregister.gov/documents/2021/01/22/2021-01646/protecting-the-united-states-from-certain-unmanned-aircraft-systems https://www.federalregister.gov/documents/2021/01/22/2021-01646/protecting-the-united-states-from-certain-unmanned-aircraft-systems

Page 2 of 3 OAS the below questions should be answered within this context.

Covered UAS - The term “covered UAS” as defined in EO 13981, and adopted for official use by the Department moving forward, means any UAS that:

I. is manufactured, in whole or in part, by an entity domiciled in an adversary country.

II. uses critical electronic components installed in flight controllers, ground control system processors, radios, digital transmission devices, cameras, or gimbals manufactured, in whole or in part, in an adversary country (as defined by the Department of Commerce and referenced in OPM-11.)

III. uses operating software (including cell phone or tablet applications, but not cell phone or tablet operating systems) developed, in whole or in part, by an entity domiciled in an adversary country.

IV. uses network connectivity or data storage located outside the United States, or administered by any entity domiciled in an adversary country; or

V. contains hardware and software components used for transmitting photographs, videos, location information, flight paths, or any other data collected by the UAS manufactured by an entity domiciled in an adversary country.

Critical Electronic Component - The term “critical electronic component” means any electronic device that stores, manipulates, or transfers digital data. The term critical electronic component does not include, for example, passive electronics such as resistors, and non-data transmitting motors, batteries, and wiring.

“Covered UAS” Questions:

1. Is the UAS manufactured, in whole or in part, by an entity domiciled in an adversary country?

YES NO

2. Does the UAS use printed circuit boards manufactured by an entity domiciled in an adversary country?

3. Does the UAS use flight controller modules manufactured by an entity domiciled in an adversary country

4. Does the UAS use sensors manufactured by an entity domiciled in an adversary country?

5. Does the UAS use radios manufactured by an entity domiciled in an adversary country?

Page 3 of 3 OAS

6. Does the UAS use cameras manufactured by an entity domiciled in an adversary country?

7. Does the UAS use gimbals manufactured by an entity domiciled in an adversary country?

8. Does the UAS (including the GCS) contain hardware and software necessary for collecting, storing, and transmitting photographs, videos, location information, flight paths, or any other data collected by the drones that is traceable by an entity domiciled in an adversary country?

Please Identify:

Critical Electronic Components

Country of Origin Make Model

Flight controller

Ground control system/processor

Radios

Digital transmission devices

Cameras

Gimbal

NOTE: If you answered YES to any of these questions, then you are dealing with a "Covered UAS."

Departmental personnel that have questions regarding what is and what is not a covered UAS should contact their national aviation manager for assistance.

Point of Contact Name:

Agency / Company:

Email & Phone:

United States Department of the Interior Office of Aviation Services

300 E Mallard Drive, Suite 200 Boise, Idaho 83706-3991

DOI OPERATIONAL PROCEDURES MEMORANDUM (OPM) - 35

Subject: Identification of End Product/Service Procurement versus Flight Service Procurement Effective Date: January 1, 2023 Last Updated: August 10, 2020 Expiration Date: December 31, 2023

1. Summary of Changes.

No changes.

2. Purpose. This OPM establishes policy and procedures to identify the proper procurement method for specific projects as either end product/service contracting or flight service contracting.

3. Introduction. End Product Contracts are not aircraft flight service contracts.

They are used to acquire a product for the Department (i.e., per-acre, per-unit or per-area, or per head basis). The intent of this type of procurement is for the contractor to supply all personnel and equipment in order to provide a "service" or "end-result." Many contractors utilize aircraft (including UAS) to meet the performance objectives of End Product contracts for activities such as: animal capture, seeding, spraying, survey, photography, etc. Since these are not flight services contracts, the AQD does not perform any acquisition service. End Product contracts are administered by the bureau procurement units. Contracting officers, procurement specialists, and aviation managers at all levels must be aware of the requirements outlined within this OPM. Understanding the differences between end product contracts and flight service contracts is important in order to avoid placing the Department with operational control when it is not appropriate. Attempting to exert any influence on certain aspects of the operation conducted under an end product contract exposes the Department to risks that would be appropriately managed under a flight services contract. If the provisions of 353 DM 1.2A (3) and this OPM are met, the aircraft will be operated as a civil aircraft and the aviation management principles normally required for aircraft under DOI operational control do not apply. End product contracting and administration guidance can be found in Appendix 1.

4. Authority. This policy is established by the Director, Department of the Interior, Office of Aviation Services (OAS) in accordance with the provisions of Departmental Manual 112 DM 12, 350 DM 1; and Secretarial Order 3322 dated August 23, 2012.

OPM - 35

5. Definitions. This OPM has adopted the criteria within 49 CFR 175.5 to define

Operational Control.

A. Operational Control. An aircraft is under the exclusive direction and control of a government when the government exercises responsibility for:

1) Approving crewmembers and determining that they are qualified to operate the aircraft;

2) Determine the airworthiness and directing maintenance of the aircraft; and

3) Dispatching the aircraft, including the times of departure, airports to be used, and type and amount of cargo to be carried.

B. Civil Aircraft. See 14 CFR 1.1.

C. Public Aircraft. See 14 CFR 1.1.

D. Dispatch. To assume operational control through the use of specific times of departure, airports to be used, amounts of people and cargo to be moved, intended time of arrival and/or flight following. Dispatching does not include the specification of windows of opportunity for maximum effect for seeding, spraying, animal capture, or aerial photography.

6. Policy.

A. As stated in 353 DM 1.2A, all "flight services" shall be acquired through DOI AQD with exceptions listed. Transactions to acquire an "end product "or "service" other than "flight services" shall meet all criteria listed in 353 DM 1.2A(3). The following contain examples of flight services projects versus end product projects:

1) Seeding project. The using bureau requires the contractor to wear PPE (operational control, flight service). The same project is completed with no government involvement other than verifying the spread rate of the seed (end product contract).

2) Horse gather. The bureau has a helibase manager on site to manage the heliport (operational control, flight service). Same project with the contractor delivering horses to a bureau-designated location and no government personnel involved other than the inspection of the horses (end product contract).

3) Animal capture, net gun. The bureau has a biologist on board the aircraft (DOI personnel on board, flight service). Same project with all contract personnel and animals delivered to a bureau-designated location (end product contract).

4) Data collection and Photogrammetry. The bureau requires the contractor to utilize a small fixed wing aircraft (or UAS) equipped with camera ports to complete the project or specifies a specific route of flight (operational control). Same project with the bureau requesting data and photo collection only as the final product with no mention of how they are collected (end product contract).

B. The following table provides some guidance to identify whether a project should be contracted as either an End Product or Flight Service procurement. If the answer is YES in any block under a project, it is a flight service that must be procured through DOI AQD.

PROJECT

Ph ot og ra ph y or re m ot e se ns in g

A pp lic at io n of pr od uc t

(s pr ay /se ed

A ni m al in ve nt or y

A ni al ca pt ur e (n et gu n da rt

A ni al he rd in g/

Y ou r p ro je ct

Requirement/recommendation to utilize aviation assets

Set pilot standards Direct aircraft maintenance Dispatch aircraft (including Flight Following)

Helibase manager Aircraft manager Directed Use of PPE DOI personnel on board Public aircraft Other aircraft and pilot requirements

Walker Craig Acting Director, Office of Aviation Services

Attachments:

Appendix 1: Guidance for End-Product Contracting

Appendix 1

Guidance for End-Product Contracting

End Product Contract Specifications

Appendix 1 - Page 1

Specifications in the contract must only describe the desired quantity or quality of the service or contracted end-result. Contracting officers, procurement specialists, and aviation managers at all levels must be aware of these requirements. DOI contracting officers and resource specialists must consult with their bureau aviation managers if the acceptable language guidelines do not address a specific project requirement or the contract solicitation does not follow the guidelines in OPM-35. End Product contracts where contractors could conceivably utilize aircraft should be reviewed by the bureau aviation manager to ensure that specifications and language do not unintentionally imply or determine aircraft operational control.

The following list describes acceptable contract language for end-product contracts.

● No contract language describing aircraft or pilot capabilities, standards, requirements or aircraft specific payment provisions.

● The area of work should be described in terms of: location, scale of area, general topography, elevation, slope, vegetation, and accessibility by roads or off-road vehicles, land use restrictions for mechanized equipment, etc.

● Airspace Coordination - In areas of military airspace it is acceptable to describe coordination agreements with military airspace scheduling or range control authorities and that it is the contractors’ responsibility to coordinate their activities with the scheduling office or Range Control. Close coordination is necessary to ensure compliance with applicable airspace coordination agreements that states have with military authorities.

● Aviation Regulations - Acceptable Language: "The Contractor must comply with all applicable federal, state and local regulations and land-use permitting procedures."

● Aircraft Equipment Specifications - Acceptable Language: Delete all reference to aircraft/equipment. Suggested example clause: "...Contractor is required to demonstrate to the government that the equipment can capture the imagery and/or data as specified in the project description."

● Radio/Communication Requirements - Acceptable Language: "Contractor must provide a communication system so that contractor personnel engaged in the project at different locations can communicate at all times with each other, and so that government Project Inspectors may communicate with the contractor at any time to discuss performance matters." (The government VHF-FM radio system may have to be described.)

● Transporting, Passengers and Equipment - Acceptable Language: "Only approved contractor personnel, contractor equipment and government-provided equipment required for performance ... will be transported by contractor vehicles, trailers, animals or equipment."

Appendix 1 - Page 2

● Safety Hazards - Acceptable Language: "Any ground or aerial hazards that would pose a danger to Contractor’s personnel or operating equipment must be identified and mitigated by the Contractor prior to commencing operations".

● Aircraft Use Reporting - Acceptable Language: Do not mention or require flight hour/aircraft usage reports.

Operational Control: During the performance of End Product contracts, DOI will not exercise operational control of the aircraft in any way. DOI will not direct the contractor as to flight profiles, flight following, landing areas (except for areas that are off limits due to land management restrictions), use of personal protective equipment, etc. DOI personnel assigned to administer End Product contracts will have no aviation management responsibility or authority. Any directions to the contractor must be in terms of the service or end-result being specified; e.g. desired imagery quality, number and disposition of animals surveyed, etc. It is acceptable to inform military airspace scheduling authorities or range control that the contractor plans on performing work during specified time periods and provide the military authorities the contractor contract information. DOI dispatchers will not perform the airspace scheduling service for the contractor. DOI personnel must not become involved in any way with aircraft ground operations such as take-off and landing areas, loading, fueling, etc. They can however, be on site for other support activities such as setting ground control, scale bars, etc. or collection of data for ground truthing to aid in the overall data collection aspects.

Use of Foreign Built UAS: All end-product contracts that could possibly utilize UAS should have a clause that prohibits the use of designated UAS in the fulfillment of that contract. These clauses should; 1. Condition all Department contracts, grants, and cooperative agreements relying on UAS for achieving approved objectives on the requirement that funds will not be expended on Designated UAS, and 2. Condition all parties' operations pursuant to a Department contract, grant or cooperative agreement on the requirement that Designated UAS will not be operated on Department-managed lands. At the time of issuance of this OPM the Department has determined that a "designated UAS" is one that is either manufactured in China or by a Chinese company or a UAS that contains Chinese componentry. Additional definitions may be issued in the future. Bureau personnel should consult their national aviation managers if they have questions regarding UAS use in end-product contracts.

Aircraft Use Reporting: Since aircraft utilized by the contractor under DOI end-product contracts are operating entirely within the applicable 14 CFR as a civil aircraft, and procurement is not through AQD, the Bureau will not submit any billing invoice to AQD in conjunction with End Product contracts. Any flight time incurred by the contractor will not be recorded or reported as DOI or Bureau aviation statistics.

Aircraft Incidents and Accidents: Although aircraft utilized by the contractor under End Product contracts are operating entirely within the applicable 14 CFR as a civil aircraft, mishaps should be reported in accordance with 49 CFR 830. To continue to promote aviation safety, the Bureau will report aviation incidents or accidents incurred by these contractors to OAS. These events should be noted in the Contract Daily Diary and reported through channels as normally required for End Product contracts.

Appendix 1 - Page 3

Reconnaissance/Observation Flights: Before, during or after the performance of an End Product contract it may be necessary for Bureau employees to aerially survey or inspect the project area. When flights transporting DOI personnel are required, an AQD aviation "flight service" procurement (completely separate from the End Product contract) is required. Aircraft and pilots must have current OAS approvals for the intended mission and a current DOI contract or Aircraft Rental Agreement must be in place. When a DOI procurement is utilized all DOI and Bureau aviation management policy, procedures and requirements must be applied.

Operations within Military Airspace: If an "End Product" contract project using aircraft is being conducted within Military Airspace (MOA, RA, MTR) it is the responsibility of the contractor to coordinate with the Military Airspace Scheduling Office. DOI Contracting Officers and CORs should inform the contractor of any DOI agreements with the Military organizations regarding airspace. The Bureau may contact the Scheduling Office to alert them of the project and general time frames and provide contractor contact information.

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Location MapNo warranty is made by the Bureau of Land Management as to the accuracy, reliability, or completeness of these data for individual use or aggregate use with other data, or for purposes not intended by BLM. Spatial information may not meet National Map Accuracy Standards. This information may be updated without notification.

For Internal Use Only Prepared by Rio Puerco Field Office, 6/5/2025 PCS:NAD 1983 UTM Zone 13N Scale: 1:18,313,204

Starr Community ADO Pelleted Tebuthiuron Treatment

Starr Community 00004

Service Layer Credits: World Topographic Map: Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS World Hillshade: Esri, NASA, NGA, USGS, FEMA

Ephemeral/ Intermittent

NMDOT Roads

TMP GPS Roads

USGS The National Map Roads

RPFO Allotment Boundaries

Bureau of Land Management

Spike20p Treatment Area

14.4kV Powerline

- 38' Tall

0 0.5 10.25 Miles

2025 Treatment Area= 795 acres

Lindrith , NM Lat/Long: 36.2914064,-107.0561544 Distance from treatment area: 26 miles Northeast

Grants/Milan, NM Lat/Long: 35.1672778,-107.9020556 Distance from treatment area: 83 miles Southwest

Map Reference Point 107.2472297°W 36.0214773°N

T3S R4E

T4S R4E

T2S R4E

T3S R5E

T4S R5E

T4S R6E

T3S R6E

T2S R5E

CHUPADERA

ARROYO

19361

CEDAR PASS

01327

HARLESS

RANCH

01251

CHUPADERA

WASH

01310

PRAIRIE

SPRINGS

01291

MESA

WELL CANYON

01284

BINGHAM

01282

SIERRA

LARGA

01260

EAST WELL

01330

WHITE SAGE

01301

COYOTE

SPRING

01266

R-5107H

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716 Acres

Acres

275 Acres

Acres

240 Acres

Acres

88 Acres

95 Acres

Area 1 610 Acres

Area 2 1434 Acres

Area 3 920 Acres

-106.470857 33.998113

Texas Parks & Wildlife, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, Carrizozo

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No warranty is made by the Bureau of Land Management as to the accuracy, reliability, or completeness of this map or the data displayed for individual use or aggregate use with other data.

0 0.9 1.8 Miles

0 1 2 Kilometers¯

6/26/2025

Bureau of Land Management Socorro Field Office

901 South Highway 85 Socorro, New Mexico 87801

575-835-0412

Reference Point

Treatment Area

Grazing Allotments

WSMR Flight Crash Grid

WSMR Airspace

Overhead Electric

Area of Critical Envirinmental Concern (BLM Natl ACEC)

Public Land Survey System (PLSS) Township

Bureau of Land Management (BLM)

State

Private or Unknown

Sand Sage Treatment - Overall ADO Pelleted Tebuthiuron Herbicide

Sand Sage - 0.50 a.i.

2964 Total Acres

26+ Miles east of Socorro,NM in WSMR Airspace - May Restrict Public Access

R5E

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ARROYO

19361

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01310

MESA WELL

CANYON

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W sm r P R ou te

Ws mr S R out e 3

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275 Acres

491 Acres

240 Acres 95 Acres

-106.399001 34.071353

Copyright:© 2013 National Geographic Society, i-cubed, Texas Parks &…