Mussels_Propagation_PWS.pdf

PERFORMANCE WORK STATEMENT (PWS)

Grand Calumet River Giant Floater Propagation

Part 1

General Information

1.0 General. This is a non-personnel services contract to provide propagation services of freshwater mussels. 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 propagation of giant floater freshwater mussels 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.

1.2 Background. The Great Lakes Restoration Initiative is a government program that is directed to preserve and restore the Great Lakes. The Areas of Concern program is a sub-program of the Great Lakes Restoration Initiative which focuses on restoring the Beneficial Uses of Great Lakes resources to areas that have been heavily, adversely impacted by human activity. The US Fish and Wildlife Service and the Indiana Department of Environmental Management have developed a management action for the Grand Calumet River Area of Concern in Lake County Indiana which involves the use of freshwater mussels. The management action will augment the population of giant floater (Pyganodon grandis) that has recently started naturally repopulating the river after the completion of restoration projects. Once the population becomes self-sustaining, it will help reduce eutrophic conditions in the river.

1.3 Objectives. The intent of this Contract is for the Government to receive a target of 6,000 viable giant floaters for the continued restoration of the Grand Calumet River Area of Concern.

1.4 Scope. The Contractor is to make good effort attempts to provide the Government with a target of 6,000 viable giant floater mussels (Pyganodon grandis). The final number of delivered mussels may be reduced, at the Government’s discretion, for circumstances that are beyond the control of the Contractor and cannot be reasonably anticipated and mitigated (e.g. high natural mortality).

1.5 Period of Performance. The period of performance shall begin January 1, 2025 and end no later than September 30, 2028. The period of performance will end upon receipt of the final set of mussels, which may occur before the end date listed in this section.

1.6 General Information.

1.6.1 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 quality control program is the means by which they assure themselves that their work complies with the requirement of the contract.

1.6.2 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).

1.6.3 Recognized Holidays. The following are federally recognized holidays. Work on these days will be at the contractor’s discretion.

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

1.6.4 Hours of Operation. The contractor is solely responsible for determining the appropriate work schedule for adequately providing the services specified in this PWS.

1.6.5 Place of Performance. The work to be performed under this contract will be performed at the facility or facilities determined to be appropriate by the contractor.

1.6.6 Type of Contract. The government will award a Firm Fixed Price type of contract.

1.6.7 Security Requirements. Not applicable

1.6.7.1 Physical Security. Not applicable

1.6.7.2 Key Control. Not applicable

1.6.7.3 Lock Combinations. Not applicable

1.6.8 Special Qualifications. Not applicable

1.6.9 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 and will be scheduled in coordination with the contractor.

1.6.10 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.

1.6.11 Key Personnel. The follow personnel are considered key personnel by the government: 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 10 a.m. to 2 p.m., Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.12 Identification of Contractor Employees. All contract personnel attending meetings, answering Government telephones, 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.

1.6.13 Contractor Travel. The Contractor may engage in limited travel for collection of mussel broodstock and delivery of propagated mussels. This travel will only occur upon mutual agreement of the Contractor and the Government. All travel requires Government approval/authorization and notification to the COR.

1.6.14 Other Direct Costs. Additional direct costs include optional advanced tagging (e.g. Hallprint tags, PIT tags). Prior to delivery of the mussels, the Government may request advanced tagging at a rate agreed upon by both parties. Additional funding will be provided for travel greater than 50 miles from the rearing facility when the travel meets the conditions described in section 1.6.13.

1.6.15 Data Rights. The Government has unlimited rights to all data collected and documents/material produced under this contract. The Contractor may freely use any data collected under the conditions of this contract as long as the Contractor makes no claims of Government endorsement related to the interpretation of those data.

1.6.16 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 they deem necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.17 Phase in /phase out period. No phase in/phase out period is required for the work conducted under this PWS.

Part 2 Definitions & acronyms

2. 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. Government. The agency, bureau, or department of the united states federal government responsible for executing actions pertaining to this contract, providing oversight of the conditions and deliverables of this contract, communicating with the contractor, and reviewing any materials related to this contract.

2.1.7. 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.

2.1.8. Physical Security. Actions that prevent the loss or damage of government property.

2.1.9. Quality assurance. The government procedures to verify that services being performed by the contractor are performed according to acceptable standards.

2.1.10. Quality Assurance Surveillance Plan (GASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.11. Quality Control. All necessary measures taken by the contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.12. Subcontractor. One that enters into a contract with a prime contractor. The government does not have privity of contract with the subcontractor.

2.1.13. 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 CCE Contracting Center of Excellence CFR Code of Federal Regulations COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf FAR Federal Acquisition Regulation KO Contracting Officer OCI Organizational Conflict of Interest 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

3. GOVERNMENT FURNISHED ITEMS AND SERVICES.

3.1. Services. The Government will collect the gravid mussels for propagation, including acquisition of necessary collection permits. Transport to the propagation facility can be conducted by either Government or the Contractor upon mutual agreement at the time of transport but responsibility for ensuring transport will fall on the Government.

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. This includes acquisition of any permits required by the State or local government for the purpose of producing mussels within its jurisdiction.

4.2 Secret Facility Clearance. Not applicable

4.3. Materials. Not applicable

4.4. Equipment. Not applicable

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The Contractor shall provide services for the propagation of giant floater (Pyganodon grandis) freshwater mussels.

5.2. Mussel Propagation. The Contractor shall propagate giant floater mussels. The deliverable target is 6,000 individuals by September 30, 2028. The acceptable number of mussels actually delivered by the completion of the contract may be reduced if circumstances beyond the Contractor’s control impacted propagation and good faith efforts were made by the contractor to reach the target.

5.3. Mussel Rearing. Propagated mussels should be grown out for a time after transformation in order to increase the likelihood of survival. Mussels must have a minimum average size of 5mm upon delivery, with a preferred size of approximately 20mm upon delivery.

5.4. Mussel Tagging. Mussels of sufficient size (approximately 20mm) are to be tagged with glue dots.

5.5 Mussel Transport. District staff will prep juveniles for transfer from the rearing site and may potentially provide transport of juveniles up to 50 miles from the rearing location to the release location. Involvement in transport by the Contractor will be determined by mutual agreement of the Contractor and the Government at the time of delivery.

PART 6

APPLICABLE PUBLICATIONS

6. Applicable publications. Not applicable

6.1. Not applicable.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List.

7.1 Technical Exhibit 1. Performance Requirements Summary

7.2 Technical Exhibit 2. Scope of Work

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.

Propagation of giant floaters

Delivery of a target of 6,000 giant floaters

A minimum of 0 delivered giant floaters may be accepted if the Contractor is able to provide evidence of good faith efforts to provide mussels that were undermined by uncontrollable circumstances that could not reasonably be mitigated (e.g. high natural mortality)

Quarterly reporting by the Contractor on the status of propagated mussels.

Additional event-oriented reporting will be required for any discovered negative trends or catastrophic events.

PRS # 2

Grow out of giant floaters

Grow out to an average size of 20 mm per individual

In the event that contingency operations go into effect and mussels are propagated in the final year of the contract, mussels will be accepted at the size they have grown to at the end of the performance period.

Quarterly reporting by the Contractor on the status of propagated mussels.

Additional event-oriented reporting will be required for any discovered negative trends or catastrophic events.