Sol_140L4324Q0038.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

LHA

PORTLAND OR 97204

1220 SW 3rd Avenue, 12th Floor

BLM OR-ST OFC PROC MGMT BR(OR952)

0004276587 CODE 16. ADMINISTERED BYCODE

X

X

X

115112

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORLHA

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

02/14/2024 1200 PS

02/06/2024

(503)808-6739Kevin Cochran (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L4324Q0038

5. SOLICITATION NUMBER

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

1 70 0040649912OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

COLTON OR 97017

27004 S SHECKLY RD

HORNING SEED ORCHARD

BLM, Horning Seed Orchard

15. DELIVER TO

PORTLAND OR 97204

1220 SW 3rd Avenue, 12th Floor

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$9.5

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

BLM OR-ST OFC PROC MGMT BR(OR952)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Contracting POC: Kevin J Cochran, kjcochran@blm.gov, 503-808-6739

VENDOR POC: ________________________________

VENDOR TELEPHONE: __________________________

VENDOR EMAIL ADDRESS: ______________________

VENDOR UEI NUMBER: _________________________

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Matthew Duane

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

TOTAL OFFER AMOUNT: $________________________

Delivery: 05/17/2024

00010 Horning Ground Insecticide

Product/Service Code: F005

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST TREE PLANTING

Period of Performance: 02/19/2024 to 05/17/2024

00020 Tyrrell Ground Insecticide

Product/Service Code: F005

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST TREE PLANTING

Period of Performance: 02/19/2024 to 05/17/2024

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

70 2 of

GROUND INSECTICIDE APPLICATIONS (Tyrell & Horning Orchards) SOLICITATION NO. 140L4324Q0038

BLM NORTHWEST OREGON DISTRICT, NORTHWEST, OREGON Page 3 of 70

SERVICES AND PRICES

This requirement is for one(1) Firm Fixed Price Commercial Services Contract for Ground Insecticide Applications for the Tyrell and Horning Seed Orchards in Lorane & Colton, Oregon.

BASE

Tyrell Orchard

Item no. Item Description Quantity Unit of

Measure

Unit Price Total

0001 Esfenvalerate Application to canopy of small conifer trees

(approximately 8-20ft height)

1st application - Contractor provides water.

1,395* TREE $_________ $___________

0002 Esfenvalerate Application to canopy of small conifer trees

(approximately 8-20ft height)

2nd application - Contractor provides water.

1,395* TREE $_________ $___________

Tyrell Total Items 0001-0002 $

*Estimated Quantity

Horning Orchard

Item no. Item Description Quantity Unit of

Measure

Unit Price Total

0003 Esfenvalerate Application to canopy of medium conifer trees – western hemlock and western red cedar

(approximately 20-30ft height). 1 application only.

370* TREE $_________ $___________

Horning Total Items 0003 $

* Estimated Quantity

PERIOD OF PERFORMANCE: See Deliveries or Performance section.

(End of Supplies/Services and Prices/Costs)

BLM NORTHWEST OREGON DISTRICT, NORTHWEST, OREGON Page 4 of 70

STATEMENT OF WORK

TYRRELL SEED ORCHARD

PERFORMANCE PERIOD: Tyrrell: March 18th through May 3rd, 2024

1.0 GENERAL

1.1 Description of Project – The Bureau of Land Management (BLM) requires services for two (2) spring

2024 applications of esfenvalerate insecticide on 7- to 32-year-old orchard-grown Douglas-fir trees.

1.2 Location of Project – Insecticide application will be at the BLM Tyrrell Seed Orchard, 26411 Siuslaw

River Road, Lorane, Oregon.

1.3 Access to Project Area

1.3.1 Access to all spray sites is by gravel surfaced road. Contractor shall use vehicles that are adequate to complete the work identified.

1.3.2 Gate keys may be supplied to the Contractor after the contract is awarded, upon Contractor request.

The keys shall be returned to the Contracting Officer’s Representative (COR) in a usable condition before final payment is made. The Contractor shall be charged $100.00 for each key lost or returned in an unusable condition.

1.4 Unique Features of the Project Area - Aspect is varied, with mostly gentle slopes less than 12%;

however, slopes up to 25% are present. Initial tree spacing was approximately 20 feet x 20 feet and/or

10 feet x 20 feet. However, with roguing, thinning and mortality over the years, remaining trees can be some distance from each other. Tree heights are generally less than 25 feet in younger orchards, but up to 90 feet in older orchards.

1.5 Timing – The first insecticide application, for Douglas-fir cone gall midge, must be completed when

Douglas-fir flowers are receptive, insects are present, and weather conditions permit. The second insecticide application, for Douglas-fir seed chalcid, must be completed when Douglas-fir flowers are two-three weeks old, insects are present, and weather conditions permit. Spraying in past years of the first application has taken place as early as March 29th and as late as April 22nd. The second application will follow approximately 2-3 weeks after the first application. The Government will determine optimum timing for the projects and notify the Contractor approximately 18 hours prior to each projected application.

2.0 DEFINITIONS

Acre – 43,560 square feet area.

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

No-Application Zones – Areas outside of application areas over which turns/access are not permitted by the operator. Riparian concerns are the primary reason for designating these areas. (See maps.)

Critical Boundary – An application boundary that requires the use of special spray techniques to minimize drift from the intended areas. Riparian concerns are the primary reason for designating this type of boundary. (See maps.)

BLM NORTHWEST OREGON DISTRICT, NORTHWEST, OREGON Page 5 of 70

Damaged Orchard Tree - Severance of the main tree stem or a major injury to the tree bole affecting more than one-half the circumference of the cambium.

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

Label – All written, printed or graphic matter on or attached to pesticide containers or as a separate document as required by law.

Rate – The amount of active ingredient or acid equivalent applied per unit area or other treatment unit.

Orchard or Orchard Unit - A group of genetically improved trees selected from a specific area used for producing seed for reforestation material and genetic testing.

Traffic Cones – Bright, fluorescent-orange rubber cones commonly seen in highway construction zones.

Tree - An individual member of a particular clone.

3.0 CONTRACTOR-FURNISHED ITEMS

3.1 The Contractor shall provide spill kits, fire extinguishers, and all necessary tools, equipment, labor, transportation, and materials necessary to accomplish insecticide applications except for the insecticide and adjuvant which the Government will furnish. If the Contractor requests, the

Government will supply water for the projects with the following conditions:

A. If the rate of application requires less than 1,000 gallons of water, the Government can supply water in a mounted tank with a pump. (See Attachments regarding Tyrrell for Rates of Application and

Mix Ratios.)

B. If the rate of application requires greater than or equal to 1,000 gallons of water, the

Government can supply water in open-topped holding tanks and the Contractor is required to provide the pump. (See Attachments regarding Tyrrell for Rates of Application and Mix Ratios.)

3.2 Other Requirements

3.2.1 The Contractor shall maintain an adequate work force to ensure timely completion of the work.

3.2.2 The Contractor shall attend a pre-work conference and present a written performance plan acceptable to the Government which includes how the work will be accomplished.

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

3.2.4 The Contractor shall have a current Oregon commercial pesticide operator's license. The person designated by the Contractor as applicator must perform in that capacity and have a current Oregon commercial pesticide applicator's license. Contractor’s applying pesticides by aircraft shall have a current aerial applicator’s license. The Contractor shall provide copies of the operator’s, applicator's, and if pertaining, aerial applicator’s licenses to the Government at the pre-work conference. Persons who are not licensed applicators shall not use restricted-use pesticide. Esfenvalerate is a restricted-use pesticide. https://www.oregon.gov/oda/programs/Pesticides/Licensing/Pages/LicenseTypes.aspx

3.2.5 The Contractor, applicator, and ground crew shall know the requirements of the contract including technical requirements and orchard unit locations and shall be English literate enough to ensure https://www.oregon.gov/oda/programs/Pesticides/Licensing/Pages/LicenseTypes.aspx

BLM NORTHWEST OREGON DISTRICT, NORTHWEST, OREGON Page 6 of 70 adequate communication with the COR or with the Project Inspector (PI). The Contractor shall comply with all applicable Federal, State and Local regulations.

3.2.6 The Contactor shall submit a signed, daily written log or Pesticide Application Record (PAR) to the

COR upon completion of work, and it shall contain: applicator's name and address, State of Oregon applicator’s license number, date of application, beginning and ending times of application, weather conditions (temperature, climatic conditions, wind, and relative humidity), product used, and any adjuvants added, application rate, application type, and number of acres treated. The Contractor will be responsible for reporting this application information to the Oregon Department of Agriculture

Pesticide Use Reporting System (PURS), if applicable.

4.0 GOVERNMENT-FURNISHED ITEMS

The Contractor assumes liability for damage or loss of Government-Furnished items.

a. Maps of application units

b. Keys for access to locked gates as described in 1.3.2 identified in this section

c. Esfenvalerate insecticide

d. A spreader-sticker adjuvant

e. Water, if requested by Contractor, (and Pump, if less than 1,000 gallons of water needed)

f. Government hand-held communication radio to the ground crew

5.0 SPECIFIC TASKS

5.1 The Contractor shall apply esfenvalerate insecticide twice at approximately a two- to three-week interval to designated tree canopies in seed production orchards. Some orchards have tree canopies of approximately 7-25 ft. in height.

5.2 The Contractor shall transport the Government supplied esfenvalerate insecticide and spreader-sticker adjuvant from the orchard office compound to the application sites, where Contractor mixing shall occur. Any pesticide damaged or lost while in the custody of the Contractor will be replaced by the

Government and actual cost to the Government for replacement will be deducted from payments due the Contractor. All unused pesticide shall be returned to the Government by the Contractor upon completion of work.

5.3 The Contractor shall not mix/load in the office compound. The Contractor shall not mix/load within

300 feet of a stream or water source. Areas are suggested for pesticide mixing/loading, based on terrain, access to application areas, and adequate stream buffers, though the Government makes no warranty as to the areas’ condition or suitability to the Contractor. Please see Attachment maps.

5.4 The Contractor shall assure that equipment used for mixing and application will not leak pesticide into the water or soil. Any leaks and/or spills are the responsibility of the Contractor and shall be cleaned up and disposed of in accordance with Federal regulations at the Contractor’s expense.

5.5 All application equipment shall be clean and free from residue prior to any mixing of pesticides.

5.6 The Contractor shall apply esfenvalerate at a rate of approximately 0.001 lb. active ingredient (a.i.)

per tree using 2.0 gal. of water/tree. (Please see Attachment - Rates of Ground Application.Tyrrell). A

BLM NORTHWEST OREGON DISTRICT, NORTHWEST, OREGON Page 7 of 70 lesser volume of the described rates is acceptable per tree if entire coverage of the foliage with the mixture can be met.

5.7 If the Contractor is applying pesticide from the ground, the Contractor shall apply and disperse evenly the insecticide into the tree canopy to the height of tree. The Contractor shall spray the entire canopy

360° coverage for all selected trees except those located in the two perimeter rows of each orchard.

When spraying trees within two tree rows from the edge of treatment unit perimeters (for high pressure hydraulic spray equipment), spraying shall be done by directing the nozzle towards the center of the treatment unit, minimizing the chance for drift outside the designated treatment areas. Please see Attachment – Tyrrell Map Showing Directional Spray from the Ground.

5.8 The Contractor is responsible for calibration of spray equipment to ensure proper application rates and an even distribution of the insecticide.

5.9 A median droplet size of 200 to 800 microns shall be applied to minimize drift.

5.10 Pesticide application must be in compliance with the label.

5.11 The COR or PI will monitor weather and determine when environmental conditions are conducive for application to occur. Spraying shall be limited to periods when wind speeds are less than six (6) mph, temperatures are less than 70° F, and relative humidity is greater than 50%. In addition, applications shall not occur during periods of wind turbulence, when precipitation or fog is occurring or is imminent, or during inversions or within 72-hours of predicted precipitation that would result in runoff and measurable increases in streamflow. The Contractor shall not apply pesticides if winds blow toward flowing streams.

5.12 The Government shall mark with pink surveyors flagging hung from a branch, the trees selected for application from the ground, unless each tree in an orchard is to be sprayed.

5.13 The Government shall place traffic cones near spray unit boundaries to act as a guide for the applicator. The actual spray boundary of a unit is the canopy dripline of trees. Critical boundaries will be marked in the same manner but with traffic cones at closer spacing, approximately 50-feet apart.

5.14 Application shall be parallel to critical boundaries and the no-application zones (see maps).

Operations and transportation with pesticide will not be permitted over streams or water bodies. The

Contractor shall not spray pesticide on roads or in ditches.

5.15 The Contractor shall incorporate spray techniques to minimize drift along critical boundaries which complies with BLM Manual 9011.1, Chapter 2, Section 11-a (to be provided to Contractor upon request).

5.16 During operations, the COR or PI will communicate with the Contractor’s crew via government furnished hand-held communication radios.

5.17 Contractor shall keep to the orchard unit spray order as agreed at the pre-work conference. If changes are necessary during the project, the Contractor must notify the COR immediately and vice versa.

Because Government workers will be in or near orchard units to prepare for monitoring, any change in orchard unit spray order without adequate notification could result in a health hazard to these workers.

5.18 The Contractor’s applicator may not proceed to the next orchard to spray until notified by the COR or

PI that Government workers are cleared from the intended spray unit. There is normally a period of downtime between application on different orchard units, and the COR or PI will notify the applicator

BLM NORTHWEST OREGON DISTRICT, NORTHWEST, OREGON Page 8 of 70 via the applicator’s ground crew as to the time to begin application on the next unit. In certain instances, proceeding immediately to the next orchard unit in the spray order may be allowed only if the COR or PI has given permission.

5.19 The Contractor shall apply rinsate, meeting label requirements, to areas designated by the COR. The

Contractor shall triple-wash all empty pesticide containers and be responsible for container disposal.

5.20 Contractor-furnished application equipment shall be capable of physically marking or electronically mapping application routes to ensure that pesticide is applied evenly and completely and at the specified rates.

5.21 It is the Contractor's responsibility to check all work sites for hazards.

5.22 Spraying operations may not commence until one half hour to two hours (½ - 2 hours) after sunrise and may have to stop one half hour to two hours (½ - 2 hours) before sunset because of Marbled

Murrelet restrictions.

6.0 MEASUREMENT AND PAYMENT

6.1 Applications shall be measured by the number of trees sprayed.

6.2 Payment will be made at the contract unit price for each contract unit sprayed. No additional payment will be made if rework is necessary or if operations are suspended waiting for favorable weather which may mean another day.

6.3 Distribution of the pesticide application shall not vary more than 10% above or below the average distribution of pesticide per contract unit from that specified.

6.4 A charge of $1,607.00 per damaged tree will be assessed for any orchard tree found damage by the

Contractor. See 2.0 for definition of a damage orchard tree.

BLM NORTHWEST OREGON DISTRICT, NORTHWEST, OREGON Page 9 of 70

Tyrell Seed Orchard Application Mix Ratio

BLM NORTHWEST OREGON DISTRICT, NORTHWEST, OREGON Page 10 of 70

(End of Statement of Work – Tyrrell Seed Orchard)

BLM NORTHWEST OREGON DISTRICT, NORTHWEST, OREGON Page 11 of 70

STATEMENT OF WORK

HORNING SEED ORHARD

PERFORMANCE PERIOD: Horning: Feb 19th through May 17th, 2024

This is a contract for pesticide application in conifer tree orchards. The quantities listed above are estimated quantities anticipated to be ordered by the Bureau of Land Management throughout the contract.

Offerors shall enter a unit price for each sub-item listed above, and then multiply the unit price by the estimated quantity to obtain the total amount.

OPTION FOR INCREASED QUANTITIES: This contract allows for increased or decreased quantities not to exceed 20% of the total contract price. The additional quantities shall be similar in all characteristics to those set forth in the contract.

SITE VISIT

Offerors or quoters are urged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

1.0 GENERAL

1.1 Scope of Work – Apply insecticide (esfenvalerate) in project units in compliance with the terms and specifications contained herein.

1.2 Location of Work –The work sites are located at Walter Horning Seed Orchard, 27004 S. Sheckly Rd., Colton, Oregon (Attachment 4, Horning Seed Orchard Vicinity Map).

1.3 Access to Project Area – Access to project areas is by gravel surfaced roads using a two-wheel drive vehicle. Driving in orchard units may require a four-wheel drive vehicle, tractor, UTV, or ATV depending on environmental conditions.

1.3.1 Gate keys may be supplied to the Contractor after the contract is awarded. The keys shall be returned to the Contracting Officer’s Representative (COR) in a usable condition before final payment is made. The Contractor shall be charged $100.00 for each key lost or returned in an unusable condition.

1.4 Features of the Project Units – Horning: Orchard aspects are varied, with mostly gentle slopes less than

15%. Initial tree spacing was approximately 20 feet x 20 feet. However, with roguing, thinning and mortality of trees over the years, remaining trees can be some distance from each other. Orchard unit locations can be found 0n the Horning Map .

1.5 Timing for western hemlock and western red cedar (one application) – Insecticide application must be completed when cone flowers are receptive, insects are present, and weather conditions permit. The Government shall determine optimum timing for the project and notify the Contractor 18 hours prior to projected application.

Timing for Douglas-fir (two applications) – The first insecticide application, for Douglas-fir cone gall midge, must be completed when Douglas-fir flowers are receptive, insects are present, and weather conditions permit. The second insecticide application, for Douglas-fir seed chalcid, must be completed when Douglas-fir flowers are two-

BLM NORTHWEST OREGON DISTRICT, NORTHWEST, OREGON Page 12 of 70 three weeks old, insects are present, and weather conditions permit. Spraying in past years of the first application has taken place as early as March 29th and as late as April 22nd. The second application will follow approximately

2-3 weeks after the first application. The Government will determine optimum timing for the projects and notify the Contractor approximately 18 hours prior to each projected application.

The Government shall determine spraying order for each orchard unit and clones within each orchard unit.

Spraying may occur over multiple days depending on the three conditions above. Spraying will likely occur during

3 timing periods in relation to the tree species of the orchard (western redcedar, western hemlock, Douglas-fir).

Horning: Spraying in past years has taken place as early as April 2nd and as late as May 2nd for Douglas-fir, late

March-early April for Western Hemlock, and February-Early March for Western Redcedar.

1.6 The Contractor shall not be allowed to camp at Horning Seed Orchard.

2.0 DEFINITIONS

Acre – 43,560 square feet area.

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

Clone – A tree that is genetically identical to a parent tree from which it was derived. In an orchard setting, a clone is several trees that are genetically identical to each other. In addition, an orchard will have many different clones of trees with each clone exhibiting different characteristics.

Damaged Orchard Tree - Severance of the main tree stem or a major injury to the tree bole affecting more than one-half the circumference of the cambium.

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

Label – All written, printed or graphic matter on or attached to pesticide containers or as a separate document as required by law.

Orchard or Orchard Unit – A group of genetically improved trees selected from a specific area used for producing seed for reforestation material and genetic testing.

Rate – The amount of active ingredient or acid equivalent applied per unit area or other treatment unit.

Traffic Cones – Bright, fluorescent-orange rubber cones commonly seen in highway construction zones.

Tree – An individual member of a particular clone.

3.0 CONTRACTOR-FURNISHED ITEMS

3.1 Property and Services – The Contractor shall provide all necessary tools, equipment, labor, transportation and materials necessary to accomplish insecticide application except for those items specified under 4.0, Government-Furnished items. The Contractor assumes liability for damage or loss of Government-Furnished items.

3.2 Crew Requirements

BLM NORTHWEST OREGON DISTRICT, NORTHWEST, OREGON Page 13 of 70

3.2.1 The Contractor shall be responsible for the crew knowing and performing the requirements of the contract.

All applicators must follow Oregon Department of Agriculture pesticide regulations and possess a current ODA commercial pesticide applicator license.

3.2.2 The supervisor must be English literate. Should the supervisor fail to adequately perform these duties, the

Government has the right to request replacement of that crew supervisor.

3.2.3 The supervisor(s) may be required by the COR to be non-working if the quality of work is not satisfactory.

3.3 Other Requirements

3.3.1 The Contractor shall attend a pre-work conference before starting work.

3.3.2 The Contractor shall comply with all applicable federal, state and local laws and regulations. The contractor and crew will follow all regulations set forth by the Oregon Department of Agriculture related to their commercial applicator license. The contractor will follow the pesticide label.

3.3.3 The Contractor will assure that equipment used for mixing and application will not allow leaking of pesticide into the water or soil. Any leaks and/or spills are the responsibility of the Contractor and shall be cleaned up and disposed of in accordance with Federal regulations at the Contractor’s expense. The Contractor is responsible for calibration of spray equipment to ensure proper application. All application equipment shall be clean and free from residue prior to any mixing of pesticides.

3.3.4 All boxes, bags, any other refuse, debris, or garbage left by the Contractor shall be cleaned up as each unit is completed. All such materials shall be properly disposed of off-site by the Contractor before final payment is made.

4.0 GOVERNMENT-FURNISHED PROPERTY

4.1 The following materials will be issued to the Contractor near the project units or at the seed orchard office as needed:

a. Esfenvalerate (a restricted use pesticide)

b. R-56 or Antero EA surfactant

c. Horning: Access to water for mixing. The Contractor should arrive with clean water in its tender.

4.2 Upon daily completion or termination of work, all unused Government-furnished materials shall be returned to the point where they were delivered.

5.0 SPECIFIC TASKS

5.1 Inclement Weather Conditions

5.1.1 The COR shall monitor weather and determine when environmental conditions are conducive for application to occur. Spraying shall be limited to periods when wind speeds are less than six (6) mph, temperatures are less than 70° F, and relative humidity is greater than 50%. In addition, application shall not occur during periods of wind turbulence, saturated soils, snow or ice, when precipitation or fog is occurring or is imminent, or during inversions, or within 72 hours of predicted precipitation that would result in runoff and measurable increases in streamflow.

5.2 Proper Esfenvalerate Application

BLM NORTHWEST OREGON DISTRICT, NORTHWEST, OREGON Page 14 of 70

5.2.1 The COR will inspect trees and inform the contractor when work can begin. The COR will instruct the applicator on an orchard spraying sequence. Application is only to occur on live trees.

5.2.2 Two application rates have been assigned by orchard, 0.19 oz formulated product/tree in water at 2gal/tree for young orchards or 0.388 oz formulated product/tree in water at 4gal/tree for older orchards. These rates are the maximum rates for trees, if less product provides complete coverage of foliage, then a lower rate is acceptable.

Application rates by orchard can found in Horning Ground Spray Calculations.

5.2.3 Application methods are limited to these ground-spraying systems: a high-pressure hydraulic sprayer or hydraulic sprayer with a handheld wand. Sprayers mounted on ATV/UTVs, trucks or tractors are permitted.

5.2.4 The contractor must use a vehicle which can traverse orchard units to specific tree locations. A two wheel-drive drive truck may not meet these requirements, depending on moisture levels and soil conditions.

5.2.5 The contractor will spray the entire canopy, 360° coverage to a height of at least 40ft.

5.2.6 When spraying trees within two tree rows from the edge of treatment unit perimeters (for high pressure hydraulic spray equipment), spraying will be done by directing the nozzle towards the center of the treatment unit, minimizing the chance for drift outside the designated treatment areas.

5.2.7 Mixing and application activities will take place at the BLM Horning Seed Orchard near Colton, Oregon.

Horning: Orchard staff (COR) will designate a mixing area upon arrival. The Contractor shall provide a spill kit and fire extinguisher, which will be present at the mixing/loading site(s).

5.2.8 The contractor will be responsible for the proper off-site disposal of empty pesticide containers.

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Horning Seed Orchard Application Mix Ratio

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(End of Statement of Work – Horning Seed Orchard)

(End of Statement of Work)

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INSPECTION AND ACCEPTANCE

The following clause is incorporated by reference:

Clause Title Date

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984

Inspection will be made during pesticide application. The Government will visually inspect mixing and loading operations, as well as compliance with stipulations related to application of the product.

Unsatisfactory Work Quality - Based on inspection results, if work quality is unacceptable, the Contracting

Officer(CO) will immediately issue a notice of noncompliance to the Contractor and instruct the Contractor to improve the quality of the work. If the quality of the work is not raised to an acceptable level after written notification, the CO may terminate the contract for cause if unacceptable performance ensues.

(End of Inspection and Acceptance)

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DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The contract shall commence from date of award for a period up to 90 days. The contract shall commence upon Government notification to start work.

ESTIMATED START WORK DATES:

Horning Seed Orchard – February 19, 2024

Tyrrell Seed Orchard – March 18, 2024

F.2.0 PROGRESS PLAN

At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details its proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule must reflect a work progress rate equal to the available amount of contract performance time.

The following clause is incorporated by reference:

52.242-15 STOP WORK ORDER AUG 1989

The following clauses are provided in full text:

(End of Deliveries or Performance)

BLM NORTHWEST OREGON DISTRICT, NORTHWEST, OREGON Page 19 of 70

CONTRACT ADMINISTRATION DATA

The following local clauses are provided in full text:

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The

Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System

(CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/. The CPARS

User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/. Contractor

Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating ''No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

https://www.cpars.gov/ https://www.cpars.gov/ https://www.cpars.gov/ https://www.cpars.gov/

BLM NORTHWEST OREGON DISTRICT, NORTHWEST, OREGON Page 20 of 70

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the

Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30- day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for

Government use supporting source selection actions after it has been finalized.

(End of clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

(APR 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice

Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable

Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions –

Commercial Products and Commercial Services included in commercial products and commercial services contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

1. Invoice billed according to contract line items and rates.

3. If final payment is billed, the last invoice shall state “FINAL”.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The

Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP

Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the

Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

(End of Contract Administration Data) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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SPECIAL CONTRACT REQUIREMENTS

1.0 ACCESS

In the event of a site/facility closure, the Contractor shall not perform or make deliveries to the site/facility until it is reopened by the Government, unless otherwise instructed by the Contracting Officer or their designated representative.

2.0 WORK HOURS

Unless otherwise specified in Section C, Specifications, work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or Federal holidays unless authorized by the COR.

3.0 ENVIRONMENTAL INTERRUPTION OF WORK

3.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for all environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

3.2 Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species

Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species, identified under BLM Manual 6840, are discovered to be present in or adjacent to the project area.

4.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA

4.1 Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.

4.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the

Contracting Officer immediately in writing giving the location and nature of the findings.

4.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract

Clauses Section of this contract.

4.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.

5.0 ENVIRONMENTAL IMPACT

All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13

October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control

Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ);

the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control

Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16

BLM NORTHWEST OREGON DISTRICT, NORTHWEST, OREGON Page 22 of 70

U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the

Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the

United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the

Government for all such liability.

6.0 HAZARDOUS MATERIALS

Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.

Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR

1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.

7.0 GREEN PROCUREMENT REQUIREMENTS

In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:

• U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm.

• USDA Biobased product listings published at www.biopreferred.gov.

• Energy Star® product listings published at www.energystar.gov/products.

• FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-product-categories

Contractor shall comply with all reporting requirements stated in the applicable clause(s):

• 52.223-1 Biobased Product Certification

• 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

• 52.223-4 Recovered Material Certification

• 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items

• 52.223-15 Energy Efficiency in Energy Consuming Products

• 52.223-17 Affirmative Procurement of EPA Designated Items in Service and Construction Contracts

8.0 RESTORATION OF RESOURCES

8.1 Cleanup - The Contractor is responsible for cleaning up all camp and worksites before leaving the area.

Final payment or other alternative deemed feasible may be withheld until the Contractor has complied with this requirement.

8.2 Site and Access Roads – Site and public or private access roads damaged by the Contractor shall be restored to the same condition they were in at the commencement of work, at the expense of the Contractor.

http://www.epa.gov/cpg/products.htm http://www.bioprefferd.gov/ http://www.energystar.gov/products http://energy.gov/eere/femp/covered-product-categories http://energy.gov/eere/femp/covered-product-categories

BLM NORTHWEST OREGON DISTRICT, NORTHWEST, OREGON Page 23 of 70

9.0 UNAUTHORIZED PERSONNEL

The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

10.0 OREGON FARM/FOREST LABOR CONTRACTOR'S LICENSE

If the State of Oregon requires an Oregon Farm/Forest Labor Contractor's License, then the contractor awarded this contract and all first-tier subcontractors shall be required to obtain and maintain, during the term of this contract, such a license. Contractors not having a current license will be required to furnish evidence of having obtained such license within ten (10) days after receipt of written notification of contract award. Failure to obtain, keep and maintain a current license during the term of this contract or the extension thereof shall be a basis for termination for default.

Information on obtaining this license may be obtained from:

Bureau of Labor and Industries Contact: Licensing Unit

Wage and Hour Division Telephone: (503) 373-1463

3865 Wolverine St. NE; E-1 Fax: (503) 373-7636

Salem, OR 97305-1268

11.0 FIRE DANGER SEASON

If the COR allows the Contractor to continue work during periods of declared fire danger or season, the

Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR and outlined in the attachment at the end of this section.

The following clause is provided in full text:

1510-52.222-70 MIGRANT SEASONAL AGRICULTURAL WORKERS PROTECTION ACT REGISTRATION

MAINTENANCE

(a) As set forth in Title 29, Part 500 of the Code of Federal Regulations, Migrant and Seasonal Agricultural Worker

Protection, the Contractor shall maintain all necessary U.S. Department of Labor registrations during the performance period of this contract. Failure to maintain a valid registration is grounds for termination of this contract.

(b) In compliance with the Migrant and Seasonal Agricultural Worker Protection Act, the Contractor shall provide the following to meet minimum safety and health standards for housing employees when camping on Federal lands:

(1) A shelter to provide protection from the elements. Where heat adequate for weather conditions is not provided, other arrangements should be made to protect the workers from the cold.

(2) Sanitary facilities for storing food. Ice chests or coolers, with ice supply made from potable water replenished as necessary, to meet the requirement for storage of…