A04_SOW_REVISED____AMENDMENT_002_0002.docx

Performance of Work Statement (PWS) Mesquite and Whitethorn Acacia Treatment on San Bernardino National Wildlife Refuge Part 1

GENERAL INFORMATION

1. GENERAL: This is a contract to provide mesquite (Prosopis spp.) and whitethorn acacia (Acacia constricta) species control for the US Fish & Wildlife Service. 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.

1.1 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 mesquite and whitethorn acacia herbicide treatment on approximately 367 acres on the San Bernardino National Wildlife Refuge (NWR) (see Figure 1). All size classes of the target species will receive treatment. The contractor shall perform to the standards in this contract as well as the herbicide label standards.

1.2 Background: San Bernardino NWR seeks to treat via herbicide portions of land that currently contain mesquite and whitethorn acacia. Herbicide to be used is Pronone Power Pellet (Pronone Power Pellet Label) and/ or Spike 20P (Spike20P Label) . The overall goals are to return the areas to open grassland which would reduce the risk of wildlife and resulting damage to habitat, mitigate safety risks to FWS staff and Border Patrol personnel, and to improve access, visibility, and safety for Border Patrol operations. This project also aligns with the objectives outlined in the Refuge’s Comprehensive Management Plan. See the attached KMZ files of the treatment units.

1.3 Objectives:

· Treat all mesquite and whitethorn acacia on approximately 367 acres on the Refuge. These acres are shaded in red on the attached map (Figure 1) and in the KMZ files.

· Application must occur in concordance with product labels specifications, including, but not limited to application timing, methods, rates, and species controlled.

· Application of Spike 20P may occur via drone. If drones are to be utilized, preapproval from Refuge Management must acquired prior to use and drones used must be Blue UAS cleared. Drone use must also be compliant with applicable Federal Aviation Administration and other federal drone use regulations.

· The contractor should access the area only during times preapproved by refuge staff. This preapproval will occur via monthly phone, email, or in-person communication between the contractor and refuge staff. Under extreme wet conditions motorized vehicles will not be allowed access to the project in order to minimize damage to the landscape (typically monsoon season results in extreme wet conditions in July and August, but other severe storms may result in similar temporary conditions during winter months).

1.4 Period of Performance:

The period of performance for this treatment of mesquite and whitethorn acacia may start November 2023. Treatment may occur whenever sufficient rainfall is forecasted (see product label recommendation) and should be fully complete by March 31, 2025.

1.5 Pre-Proposal Site Visit:

Prospective contractors may request a pre-proposal site visit to view the treatment area. Request for the site visit must go directly to the CO and questions not explicitly outlined in the PWS be directed to the CO and not to refuge staff conducting the site visit tour. Request for a site visit must occur a minimum of one week prior to the solicitation closing date.

1.6 General Information: Refuge access roads provide for one-way travel, and most are surfaced with base coarse material to provide vehicle access during all-weather conditions. No road construction will be needed. Contractors may utilize OHVs in project area as needed. All equipment storage and environmental concerns will be addressed during project meetings.

1.60 Recognized Holidays: The Contractor is not required to perform work on these holidays.

New Year’s Day

Memorial Day Juneteenth Independence Day

Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

1.6.1 Hours of Operation: The contractor is responsible for conducting business between the hours of sunrise to sunset, Sunday thru Saturday, except Federal holidays at the Contractor’s option. 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.

1.6.2 Place of Performance: The work to be performed under this contract will be performed at San Bernardino NWR. Job site is approximately 16 miles east of Douglas, Arizona, on a graded dirt road. The nearest facilities are located in Douglas. The refuge lies in a remote area immediately adjacent to the international border of Mexico and the United States and is fenced on all sides by barbed wire fence. Sierra Vista, Arizona is 65 miles west of the refuge and Tucson, Arizona, is 100 miles northwest of the refuge.

1.6.3 Gate Locks: Vehicle access onto the refuge is restricted to refuge personnel, and contractors will be provided a key to the refuge padlock to allow access for this project only. Initial access to the site will be arranged by refuge personnel.

1.6.4 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 Government personnel 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.

1.6.5 Contracting Officer Representative (COR): The (COR) will be Tasha Harden, 520-368-6004. 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.

1.6.6 Key Personnel: The following personnel are considered key personnel by the government: Contract Manager and Site Project Leader. 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 am to 5:00 pm, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.7 Identification of Contractor Employees: All contract personnel attending meetings and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.8 Contractor Travel: Contractor will be responsible for all travel costs and scheduling of travel.

1.6.9 Other Direct Costs: At the contractor’s option, partial payments can be made to cover the cost of equipment and materials obtained by the contractor for this project. Final payment will be made upon Refuge acceptance following total completion of the project by the contractor. Upon completion and acceptance of all work and receipt of a proper invoice, the contractor will be paid the balance of the firm fixed-price of the contract.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1 DEFINITIONS:

i 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.

ii 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.

iii 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.

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

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

vi 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.

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

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

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

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

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

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Utilities: The Government will not provide any utilities for this contract.

3.2 Equipment: The Government will not provide any equipment for this contract.

3.3 Materials: The Government will not provide materials for this contract.

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 Equipment: The Contractor shall furnish all equipment to adequately preform the requested job and is responsible for fueling tanks.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS

The contractor will conduct an initial site visit with refuge staff for access arrangements and to ensure proper identification of the area to be treated. Contractor will then apply the herbicide product (Pronone Power Pellet and/or Spike 20P) to mesquite and whitethorn acacia trees of all sizes and in accordance with the herbicide labels. The contractor will ensure that all vehicles entering the treatment area have been washed of debris and mud prior to entry to avoid spread of invasive species.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1 The Contractor must abide by all applicable Federal and State regulations and laws applicable to this project.

6.2 The contractor must conduct all treatment in accordance with the herbicide product labels (Pronone Power Pellet Label and Spike20P Label).

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

Figure 1. Treatment area (in red).

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