B08_Attachment_(1)__Performance_Work_Standard_Herbicide_Treatment_0001.pdf

PERFORMANCE WORK STATEMENT (PWS)

Invasive and Woody Vegetation Herbicide Treatment

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide Herbicide treatment of 1,800 acres of woody vegetation at Shiawassee National Wildlife Refuge and 18 acres at Detroit River International Wildlife Refuge (IWR). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

2. Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Herbicide treatment of up to 1,800 acres of woody vegetation with at Shiawassee National Wildlife Refuge and 18 acres at Detroit River International Wildlife Refuge as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

2.1 Background: At Shiawassee NWR 1,800 acres of woody vegetation will be sprayed from August or early through early November with an aquatic approved glyphosate (e.g., round up custom pro, aquaneat, or equivalent) and a crop oil (e.g., methylated seed oil). At Detroit River IWR 18 acres will be sprayed between August and October with an aquatic approved glyphosate (e.g.,. round up custom pro, aquaneat, or equivalent). Timing will vary based on the tree species, habitat, and phenology of plant based on weather during the growing season. The Service will work directly with the selected contractor and provide maps and an approximate schedule for spraying. The actual days selected to spray will be selected by contractor within the window identified by the Service to account for weather.

2.2 Objectives: The objective of the project is to aerial herbicide treat 1,800 acres at Shiawassee NWR and 18 acres at Detroit River IWR of trees and invasive shrubs to set back succession in a prairie wetland complex and floodplain forests.

2.3 Scope: Services include herbicide treatment of 1,800 acres of woody vegetation at Shiawassee NWR and 18 acres of woody vegetation at Detroit River IWR.. Contractor will provide the herbicide outlined in the background section.

2.4 Period of Performance: Period of performance for 1,800 acres woody vegetation at Shiawassee NWR between August 2024 and early November2025 with an aquatic approved glyphosate (e.g., round up custom pro, aquaneat, or equivalent) and a crop oil (e.g., methylated seed oil), and 18 acres of woody vegetation at Detroit River IWR between August 2024 and October 2025 with an aquatic approved glyphosate (e.g.,. round up custom pro, aquaneat, or equivalent). The Service will work directly with the selected contractor and provide maps and spraying windows based on the target species. Some acres may be re-sprayed during 2025 that were sprayed in 2024, but total acres at Shiawassee NWR will be 1,800 acres treated between August 2024 and early November 2025

2.5 General Information

2.5.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s qualitycontrol program is the means by which he assures himself that his work complies with the requirement of the contract.

2.5.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

2.5.3 Recognized Holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Juneteenth Day Thanksgiving Day Independence Day Christmas Day Memorial Day

2.5.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 7 a.m. and 8 p.m Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

2.5.5 Place of Performance: The work to be performed under this contract will be performed at Shiawassee NWR (1,800 acres) and Detroit River IWR (18 acres).

2.5.6 Type of Contract: The government will award a firm fixed price contract.

2.5.7 Security Requirements: Not applicable

2.5.7.1 PHYSICAL Security: Not applicable

2.5.7.2 Key Control. Not applicable

2.5.7.3 Lock Combinations Not applicable

2.5.8 Special Qualifications: State of Michigan Commercial Pesticide applicator license." The contractor is responsible for ensuring all employees possess and maintain current Information Assurance Technician (IAT) Level I professional certification during the execution of this contract."

2.5.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

2.5.10 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance:

maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates.

The COR is not authorized to change any of the terms and conditions of the resulting order.

2.5.11 Key Personnel: The follow personnel are considered key personnel by the government:

Eric Dunton, Wildlife Biologist, for all herbicide work at Shiawassee NWR and Alexa Blankenship, Biological Science Technician for all herbicide work at Detroit River IWR. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between, 8:00 a.m. to 4: 30p.m, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below: Knowledge of habitat management, plant phenology, and timing of herbicide treatment for effectiveness.

2.5.12 Identification of Contractor Employees: Not applicable

2.5.13 Contractor Travel Contractor will be required to travel CONUS and within the NCR during the performance of this contract to attend meetings, conferences, and training. The contractor may be required to travel to off-site training locations and to ship training aids to these locations in support of this PWS. Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires Government approval/authorization and notification to the COR

2.5.14 Other Direct Costs: This category includes travel (outlined in 1.6.13), reproduction, and shipping expenses associated with training activities and visits to contractor facilities. It could also entail the renting of suitable training venues.

2.5.15 Data Rights: Not applicable

2.5.16 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

2.5.17 PHASE IN /PHASE OUT PERIOD: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

PART 2

DEFINITIONS & ACRONYMS

3. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

4. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: Not applicable

3.2 Facilities: Not applicable

3.3 Utilities: Not applicable

3.4 Equipment: Not applicable

3.5 Materials: Not applicable

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4 CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this

PWS.

4.2 Secret Facility Clearance: Not applicable

4.3. Materials: The Contractor shall provide anti-drift agent, water to fill tank.

4.4. Equipment. Contractor is required to demonstrate to the government that equipment can perform the job as specified in the project description. The Contractor shall furnish and maintain sufficient equipment suitable to perform the work, including, but not limited to, spraying equipment. Spraying equipment to be tentatively utilized for this Contract includes spray rig/boom, as well as all equipment needed for mixing and safe storage of herbicide. The spray rig/boom configuration shall provide controlled droplet application. Skips will not exceed five percent (5%) of area treated. Equipment other than these types must be proposed to and approved by the Refuge Project Coordinator prior to use. All equipment shall be maintained in safe operating condition in accordance with Manufacturer’s recommendations and in accordance with Federal, State, and local requirements. In the event of damage or breakdown, the Contractor is responsible for all repairs or replacements; the Contractor shall provide prompt repairs or alternative equipment at their expense and the Government shall accrue no additional costs.

4.4.1 If using unmanned aircraft systems (UAS) to apply herbicide, the contractor must use only non-covered UAS which are manufactured in whole (including all critical electronic components), by an entity domiciled in a non-adversary country. UAS Models can be vetted by asking the manufacturer to confirm that their system is not covered. The Refuge Project Coordinator reserves the right to deny UAS use if the UAS is not a non-covered UAS.

• Contract funds will not be expended on covered UAS.

• Covered UAS will not be operated on Department managed lands through this contract.

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

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

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

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

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

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

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

PART 5

SPECIFIC

TASKS

5 Specific Tasks:

5.1. Basic Services. The contractor shall provide services for [Aerial treatment of 70 acres of cottonwood between August 30 – September 15, 2021 using Trycera herbicide and an anti- drift agent to reduce off-site drift during the application. Contractor is responsible for monitoring weather conditions to maximize effectiveness of treatment.

Aerial treatment of 140 acres of common buckthorn between October 20- November 15, 2021 using Trycera herbicide and anti-drift agent to reduce off-site drift during application. Contractor is responsible for monitoring weather conditions to maximize effectiveness of treatment.

PART 6

APPLICABLE PUBLICATIONS

6 APPLICABLE PUBLICATIONS (CURRENT EDITIONS) : Not applicable

6.1. Not applicable

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7 Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective (The Service required—usually a shall statement)

Standard Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of Surveillance

PRS # 1.

The contractor shall provide [Aerial treatment of 1,800 acres of woody vegetation at Shiawassee NWR. Using an aquatic approved glyphosate (e.g.,.

round up custom pro, aquaneat, or equivalent), crop oil (e.g., methylated seed oil), anti-drift agent, for application between August 1 and November 15, 2025.

The contractor provided Complete coverage of target area with approved pesticide during window identified in contract]

The Service will monitor effectiveness of herbicide treatment

PRS # 2

The contractor shall provide treatment of 18 acres of woody vegetation at Detroit River IWR. Using an aquatic approved glyphosate (e.g.,. round up custom pro, aquaneat, or equivalent), anti-drift agent for application between August 1 and November 15, 2025.

(See example provided in PRS 1.)

(See example provided in

PRS 1.)

(See example provided in

PRS 1.)

PRS # 3

PRS # 4