Sol_140L5720Q0040.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

LUA

SALT LAKE CITY UT 84101

440 WEST 200 SOUTH, SUITE 500

BLM UT-STATE OFC ADM SVCS BR(UT952)

CODE 16. ADMINISTERED BYCODE

X

X

115112

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORLUA

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/11/2020 1700 ET

08/28/2020

801-539-4040Vicki Meier (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L5720Q0040

5. SOLICITATION NUMBER

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

1 60 0040498751OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

AS INDICATED ON MAPS

TOOELE COUNTY, UTAH

BLM LANDS IN

15. DELIVER TO

SALT LAKE CITY UT 84101

440 WEST 200 SOUTH, SUITE 500

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

BLM UT-STATE OFC ADM SVCS BR(UT952)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

PURCHASE AND AERIAL APPLICATION OF OPEN RANGE G

HERBICIDE - BLM-UT LOFGREEN AND EAST ONAQUI

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This document incorporates provisions and clauses in

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Vicki Meier

. 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 FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

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:

REF.

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. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

effect through the Federal Acquisition Circular

(FAC) 2005-83. Solicitation number 140L5720Q0040

¿ Purchase and Aerial Application of Open Range-G

Herbicide in Tooele County, UT is issued as a request for quotation (RFQ). Firm fixed-price offers are requested under this RFQ. The RFQ is for full and open competition for all business vendors under the North American Industry

Classification (NAICS) Code NAICS 115112 (Soil

Preparation, Planting, and Cultivating) with a size standard of $8.0M Gross Annual Receipts or lower. However, successful vendor must be a licensed distributor of OR-G Herbicide and set up to apply it aerially.

Successful vendor must be registered with System for Award Management (SAM) found at https://www.sam.gov/portal/public/SAM/ to be considered eligible for award. The System for

Award Management (SAM) is the Official U.S.

Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. There is NO fee to register for this site.

The following documents are contained in this package:

* Specifications

* Maps

* Vendor Response Form

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

60 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 60

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140L5720Q0040

* Clauses and Provisions

* Wage Determinations

* Brand Name Justification

* Pesticide Use Plan

Any correspondence concerning this requirement shall reference 140L5720Q0040 - Open Range-G in

Tooele County in the subject line and shall be sent to the Contracting Officer: Vicki Meier, vmeier@blm.gov, 801-539-4040.

Legacy Doc #: BLM

Period of Performance: 10/01/2020 to 12/01/2020

00010 Purchase and aerial application of Open Range-G according to the attached statement of work, maps, wage determinations, and contract clauses

Product/Service Code: F001

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- AERIAL

FERTILIZATION/SPRAYING

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

Sponsored by GSA

FAR (48 CFR) 53.110

140L5720Q0040 Purchase and Aerial Application of Open Range-G Herbicide 08/28/2020

Contents Statement of Work Map – Tooele County Map – East Onaqui Vendor Response Form Section 2 – Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.204-13 System for Award Management Maintenance (OCT 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-22 Alternative Line Item Proposal (JAN 2017) 52.232-1 Payments (APR 1984) 52.232-11 Extras (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.237-3 Continuity of Services (JAN 1991) 52.242-15 Stop-Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984) 52.212-4 Contract Terms and Conditions -- Commercial Items (OCT 2018) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Mar 2020) 52.252-4 Alterations in Contract (APR 1984) DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet Payment Platform

(IPP) (APRIL 2013)

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

Section 4 – Solicitation Provisions 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (JAN 2017) 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) 52.204-17 Ownership or Control of Offeror (JUL 2016) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation. (NOV 2015) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (AUG 2018) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Dec 2019) 52.204-20 Predecessor of Offeror (July 2016) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.212-2 Evaluation -- Commercial Items (Oct 2014) 52.212-3 Offeror Representations and Certifications--Commercial Items (Mar 2020) 52.219-1 Small Business Program Representations (Oct 2014) 52.222-25 Affirmative Action Compliance (APR 1984) 52.252-3 Alterations in Solicitation (APR 1984)

Wage Determinations Brand Name Justification Pesticide Use Proposal

SECTION B

STATEMENT OF WORK

TITLE: Tooele Co. Fuels Open Range G Aerial

Part 1: Background

The West Desert District Bureau of Land Management is seeking to apply Open Range-G (OR-G) chemical herbicide via aerial application on identified areas of Lofgreen and East Onaqui in Tooele

County, Utah. The intent is to reduce the cover of annual invasive grass within reseeded areas in previously treated areas.

Open Range – G is the only allowable chemical herbicide to be used for this contract.

Part 2: Scope

2.01 Locations: Lofgreen in Tooele County, Utah and East Onaqui in Tooele County, Utah.

A. Lofgreen: This project is located on Bureau of Land Management (BLM) lands in Tooele County, Utah near the town of Vernon, Utah. Elevations range from 5,550 to 6,250 feet. A vicinity map is attached showing the site.

B. East Onaqui: This project is located on Bureau of Land Management (BLM) lands in Tooele County, Utah near the town of Rush Valley, Utah. Elevations range from 5,800 to 7,400 feet. A vicinity map is attached showing the site.

2.02 Acreage: 2,529 (Lofgreen: 1,995 acres; East Onaqui: 534 Acres)

2.03 Performance Period: October 1 – December 1, 2019

Part 3: Objective

3.01 Project Objectives:

A. Achieve greater than 90% coverage chemical herbicide on identified polygons;

B. Application Rate should be within 10% of 11.25 lb/acre (or equivalent) across all identified polygons;

C. Limit drift of chemical herbicide to 0 ft. on non-BLM Lands and within 30 ft. on BLM lands, except where identified.

Part 4: Tasks

4.01 Herbicide Rate: Open Range - G herbicide will be applied at 11.25 lb/acre (or equivalent). The contractor is responsible for supplying all herbicide.

4.02 GPS Technology: The aircraft must be equipped with a global positioning system that is used to establish lines for 100% coverage.

4.03 Timing: The contractor will be expected to begin spraying by 7:00 a.m. to avoid windy conditions and minimize drift. The government reserves the right to postpone the operation if wind speed exceeds 10 miles per hour.

4.04 Technical Requirements: In addition to FAA pilot and aircraft certifications the contractor must have a signed 2020 OPEN RANGE® G Stewardship Program Certificate from Wilbur-Ellis. The contractor must have the following Equipment Requirements:

A. Fixed Wing:

• Aircraft must use Transland Meterate

• Aircraft must use Variable Rate Rotary Gate from Turbine Conversions (STC

#ST03554CH); Formerly known as the Duke system

B. Rotary Wing:

• Aircraft must use Isolair 4500 Series Broadcaster (STC #SR01429SE)

C. Ground Application:

• Ground application must use either Valmar ground driven or Valmar Airflo spreaders

4.05 Applicator Logs

A. The contractor shall maintain a daily written log.

B. This log or record shall be signed by the applicator operator and turned into the Project Inspector upon completion of the contract.

4.06 Differentially Corrected Global Positioning System (DGPS)

A. Requirement - contractor shall be required to utilize a Differentially Corrected Global Positioning

System (DGPS) for electronic navigation. System must be capable of utilizing ArcMap or ARC-

INFO shape files created by the Government and given to the contractor on a Universal Serial Bus

(USB) thumb drive or by email.

(1) Ground flaggers and an auto-flagger system (if aircraft is utilized) can supplement the DGPS system, but not substitute for it.

(2) Differentially Corrected Global Positioning System (DGPS)

Navigation - DGPS is required for tracking, and data collection. The contractor shall provide all guidance equipment, materials, computers, printers, personnel, and services required for the system to be used. The system shall be sufficiently sensitive to provide immediate deviation indications

(real-time).

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

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

B. Equipment Requirements

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

Project Log: Must be capable of a minimum rate of one-second logging intervals. Full record includes position, time altitude, speed, track, application system on/off, job name/number, and differential correction status. The computer program must be capable of calculating and show total acres treated during application and also capable of downloading to a computer for analysis and review. The project log must show and differentiate between spray-on and spray-off when viewed on a computer monitor or printer. Export files of each project log shall be provided and must be compatible with ArcMap or ARC-INFO GIS system on a USB Thumb Drive. The contractor shall provide software that is compatible, and which will enable the files to convert into viewable files for

ArcMap or ARC-INFO GIS.

The contractor shall, upon request by the COR or Project Inspector, be able to supply project log data on a USB Thumb Drive for review at any time during the contract. The Contract will not be considered complete until the data has been reviewed and deemed complete with no skips in the treated areas. The contractor shall email a map with project log data at the end of each day’s application to the COR.

The DGPS system must be capable of zooming in on any portion of the treatment to view a specific area with greater detail.

C. Hardware

Visual Display Monitor and Control Keypad: (1) capable of displaying swath width over project path: (2) mounted in a location that will allow the applicator to view the screen; (3) have a method to display nested polygons to indicate sensitive or no-spray areas within or adjacent to treatment blocks: (4) have a feature that allows the applicator to return to the exact location of application shutdown and complete application without omitted or doubled treated areas: (5) be able to input reference waypoints (A-B line): (6) have a feature which alerts applicator when they are about to enter or exit a specific treatment block or an exclusion area within a block.

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

D. Memory

Must be capable of storing up to 8 hours of continuous project log data.

4.07 Applicators: The contractor’s applicators shall hold a current Utah Professional Applicator License in the Commercial Pesticide Category or a license from a reciprocating state with Utah. The Government will inspect each applicator for their current Utah Professional Applicator’s License before work on this contract.

Part 5: Deliverables and Execution of Work

5.01 Identified in Part 2: Scope, Part 3: Objectives, and Part 4: Tasks;

5.02 Pre-Work Conference - Prior to commencement of work, a meeting may be requested by the Contracting

Officer to be attended by the contractor, the Contracting Officer's Representative (COR), and the Project

Inspector(s). The meeting will be held at the Salt Lake Field Office, or remote virtual meeting, at a time mutually agreeable to the contractor and the Contracting Officer to discuss the work schedule and to familiarize both parties with the responsibilities of each under this contract. At this time a work schedule showing dates, locations, equipment and employees working on this project shall be provided by the contractor to the Contracting Officer or delegated COR.

5.03 Priority of Work - Priority of the line items for each schedule will be determined prior to application start by the Government.

5.04 Environmental Conditions

A. Work Period - Application operations will be permitted only during daylight hours. The contractor shall have personnel on project site prior to commencing daily application and during application.

Contractor shall notify COR or Project Inspector of changing weather conditions prior to commencing and during applications. The COR or Project Inspector will allow contractor to continue or stop application as weather factors dictate. The COR or Project Inspector will give permission to start, approximately one (1) hour from notification of conditions, depending on the location of project from the nearest Field Office of the COR or Project Inspector(s). Because of possible adverse weather conditions in Northern Utah during the period of performance of this contract, the contractor will be allowed to work seven days per week including Saturdays and Sundays.

B. Wind - The contractor shall follow the herbicide label section on Spray Drift Management - Wind.

The contractor’s applicator(s) should be familiar with local wind patterns and how those wind patterns could affect herbicide drift.

C. Site Conditions - No herbicide applications will be allowed if conditions do not meet the herbicide label requirements.

5.05 Application

A. Coverage - The entire surface within the designated boundaries of the project area shall receive uniform coverage with the herbicide except for areas excluded by the Government. Areas excluded from the application operation within the designated boundaries will not be included in the acreage computed for payment. Any areas not covered by contractor shall be reapplied or compensated by suitable contract adjustment, at the option of and at no additional cost to the Government. (See section 5.6 Field Quality Control and Section 5.9 Completion of Contract)

B. Rate of Application - Herbicide shall be applied at the application rate per acre according to Section C

Detailed Specifications (these will be within herbicide label rates). Contractor shall be required to demonstrate that they can provide adequate and uniform coverage.

C. Application Paths - Shall be patterned to secure a uniform distribution of herbicide. Contractor shall insure straight and/or regular paths of application. The contractor shall keep product applications within the perimeter of the Government provided shape file. Irregular paths or areas applied outside of the perimeter will result in immediate stoppage of work. Corrective action shall be taken immediately by the contractor to insure evenly spaced, straight, and/or regular application paths and complete coverage of application areas. Contractor should avoid overlapping and stripping.

D. Swath Width - Effective swath width shall not exceed the maximum for adequate coverage of supplied application equipment.

E. Application Height - Spray boom shall be set at a height to obtain proper distribution and uniform coverage of herbicide on target species. Contractor shall follow herbicide label instructions on Drift

Management to obtain proper boom height.

F. Drift Management - The interaction of many equipment and weather-related factors determines the potential for product drift. The contractor is responsible for considering all these factors when making application decisions. Avoiding product drift is the responsibility of the contractor.

5.06 Environmental Considerations: Access to the work site may be limited due to the winter weather conditions. Public or private roads damaged by the Contractor shall be restored at the Contractors expense to the same condition they were in at the commencement of work.

5.07 Work stoppages - The Government reserves the right to stop aerial application operations at any time when conditions are considered sufficiently unfavorable to warrant stoppage. Stoppage shall continue until operations are again authorized by the Government. Because of the nature of the work, any time for which work is suspended by the Government because of unsuitable application conditions will not be counted against the contract completion time. However, no monetary compensation will be given to the

Contractor by reason of such work suspension. Contractor agrees to work diligently to complete the herbicide application. Flight days where only partial application was accomplished shall be repeated if the Government deems Contractor has not properly covered all polygons and contours required.

5.08 Termination for Convenience of the Government - The Contracting Officer may, by written notice to the contractor, terminate this contract, in whole or in part, when it is in the best interest of the Government.

To the extent that this contract is so terminated, the Government will be liable only for payment in accordance with the payment provisions of this contract for work satisfactorily completed prior to the effective date of termination.

5.09 Completion of Contract - The Contract will be considered completed and payment due when all areas furnished to the contractor by the Government have been applied to the standards specified above.

Test(s) for uniformity may be made at the time of application. The Government will pay for herbicide application by the acre upon submission of proper invoices, after acreage is determined to have been applied by using the computer generated shape file from a GPS Differential Guidance System, and a flow control report is given to the Government for verification of acceptable rate was applied.

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

Part 6: Measurement and Payment

6.01 Method of Measurement

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

B. Measurement - Measurement for payment for spraying will be the actual area, in acres, within the designated boundaries satisfactorily treated in conformance with these specifications. Measurement will be made from either physical surveys of the areas or a computer-generated shape file created in a GPS Differential Guidance System at the option of the Government. The shape file will be used in

ArcMap for final acreage measurement. Acreages will be computed from horizontal distances as shown on maps at the option of the Government.

6.02 Basis of Payment

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

Part 7: Safety

7.01 Transportation of herbicides and adjuvants - The contractor shall be responsible for the transport of herbicides and adjuvants used to fulfill the specifications of this contract to the contractor’s loading site.

The contractor shall secure herbicide and adjuvant containers in mixing area to prevent spillage. The contractor shall load and transport herbicide and adjuvant from the pickup point to the work sites and shall be responsible for its protection from loss or damage due to weather, rodents, insects, theft, or any other hazard. The contractor shall be responsible for removal and disposal of all unused herbicide upon completion of work or termination of the contract.

7.02 Protective Clothing and Equipment - The contractor shall supply protective clothing and equipment to contract workers that guarantee minimal exposure throughout the herbicide application process. The contractor shall follow requirements on protective clothing and equipment which appears on the herbicide and adjuvant labels and/or Safety Data Sheets.

7.03 Storage of Herbicides and Adjuvants - The contractor shall be responsible for the storage of all herbicide and adjuvants.

7.04 Mixing and Application of Herbicides and Adjuvants

A. The contractor shall mix herbicides and adjuvants in accordance with the proportions listed on the herbicide labels.

B. By law, the application of an herbicide, either directly or through drift, must not expose workers or other people. The contractor may need to perform a reconnaissance of a spray unit to ensure no people are present in the unit, prior to commencing spray operations.

The contractor shall be very aware and cautious of any environmental hazard present during herbicide application. Upon completion of herbicide application, the contractor shall thoroughly clean equipment and dispose of waters, residues, rinses, and unused herbicides only according to

EPA and Utah State regulations. All empty herbicide and adjuvant containers shall be triple rinsed and punctured by the contractor after mixing. The contractor shall be responsible for proper disposal of the empty boxes, labels, and lids. The contractor shall be responsible for the proper disposal or recycling of the empty containers.

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

Part 8: Government Provided Equipment

8.01 No Government Provided Equipment

Tooele County Open Range G Treatments

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T 6 S

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112°15'W112°20'W112°25'W112°30'W112°35'W 112°10'W

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°10 'N

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°0' N

0 5 10 Miles¯U.S. DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

No 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.

UTAH

East Onaqui Unit: 534 Acres Lofgreen Unit: 1995 Acres

BLM

Bankhead-Jones Land Use Lands Military Reservations and Corps of Engineers Private State State Wildlife Reserve/Management Area

USFS

Map Created Jul 29, 2020

(when plottted at 8.5" x 11") 1:175,000

West Desert District

Area Enlarged

East Onaqui Open Range G

T:\UT\GisData\ut\sl\projects\Fire\FuelsProjects\East_Onaqui_RA90\arcprojects\20200729_EastOnaqui_CHM_p_LandStatus_8.5x11_OpenRangeG.mxd

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Big Canyon

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Burridge Canyon

Lee Canyon Saint Jeor Canyon

Hellhole Canyon

R 6W

T 6 S

T 7 S

112°29'W112°29.5'W112°30'W112°30.5'W112°31'W112°31.5'W112°32'W112°32.5'W112°33'W

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0 1 2 Miles¯U.S. DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

No 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.

UTAH

Open Range G: 534 Acres

BLM

Private State

Map Created Jul 29, 2020

(when plottted at 8.5" x 11") 1:32,000

West Desert District

Area Enlarged

Vendor Response Form

140L5720Q0040 - Purchase and Aerial Application of OR-G - Tooele County Bureau of Land Management – Utah / West Desert District 08/28/2020

Company Contact Name

Address Phone

City, State, Zip Email Address

DUNS Business Size

Item # Description

Estimated Quantity Unit

Unit Price:

Price per acre Total Price

Open Range-G – Product (11.25 lb per acre) and Aerial Application for Lofgreen and East Onaqui

2,529 acres

Quotes are due by the closing date of this solicitation. Successful vendor must have official designation or authorization from Wilbur-Ellis to apply OR-G aerially.

Qualified vendors may submit quotes to Vicki Meier, vmeier@blm.gov.

Section 2 – Contract Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/browsefar

52.204-13 System for Award Management Maintenance (OCT 2016)

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.204-22 Alternative Line Item Proposal (JAN 2017)

52.232-1 Payments (APR 1984)

52.232-11 Extras (APR 1984)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.237-3 Continuity of Services (JAN 1991)

52.242-15 Stop-Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (JAN 2017)

(a) Definition.

“Internal confidentiality agreement or statement,” “subcontract”, and “subcontractor”, as used in this provision, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of Clause)

52.212-4 Contract Terms and Conditions -- Commercial Items (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights— https://www.acquisition.gov/browsefar

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

destination.

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

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

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

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

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

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

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

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Mar 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

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

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

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

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

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.