Attachment_1-_Performance_Work_Statement__Rev1_0003.pdf

Fireline Mastication Bon Secour National Wildlife Refuge/ Gulf Coast Complex

Performance Work Statement

I. GENERAL INFORMATION

1.1 General: This is a non-personal service for the restoration of fire breaks, buffer creation near homes and rehabilitation of a wildfire area along a public trail. Work should be completed using mastication equipment to remove trees and brush on 33.7 acres and using blading equipment to create drivable fire lines on 1 acre on Bon Secour National Wildlife Refuge (BSNWR) (Figure 1 – 4) for a total of 34.7 acres.

Secondarily, if funding allows, 15.7 acres of fire lines and walking trails should be restored using mastication equipment to remove trees and brush (Figure 5). The total acreage, including the primary and secondary areas for treatment, is 50.4 acres.

Bon Secour NWR is heavily used by hikers, birders, and naturalist so these areas are considered sensitive and aesthetically pleasing. Hurricane thrown trees are scattered along the breaks in some areas. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal necessary to perform work services as defined in this Performance Work Statement. The Contractor shall perform to the standards in this contract.

1.2 Introduction: Primarily, the Contractor will restore existing fire breaks using mastication (30.5 acres) and blading equipment (1 acre), masticate one 2.1-acre lot, and masticate one 1.1-acre wildfire area for a total of 34.7 acres. This will assist in the prevention of wildfires from destroying/damaging government and private property. Secondarily, if funding allows, 15.7 acres of fire lines and walking trails should be restored using mastication equipment to remove trees and brush (Figure 5). The total acreage, including the primary and secondary areas for treatment, is 50.4 acres.

1.3 Period of Performance: On or about October 1, 2024, thru September 30, 2025, or 12 months after a contract is signed. This timeframe would account for holidays and weather-days within the contract period and is contingent on funding availability.

1.4 Place of Performance: The work to be performed under this contract will be within the boundaries of the BSNWR Gulf Shores Alabama. This mastication project will be completed to produce an aesthetically pleasing appearance for hikers, birders, and naturalists. BSNWR operations will be run from BSNWR office located at 12295-AL 180 Gulf Shores, AL 36542. Details concerning treatment area are identified in the Scope section of this document.

1.5 Type of Contract: This is a Fixed Price contract/task order.

1.6 Security Requirements: BSNWR is open to the public so contractors will be required to make arrangements with/notify the refuge manager of all work details/days and ensure that public safely is a priority.

1.7 Key Control: Contractor will be required to work with refuge manager for the purpose of egress and ingress to complete contract obligations. Egress and ingress on property other than government owned property is the sole responsibility of the contractor.

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

1.9 Contracting Officer Representative /Government Representative: The COR will be identified by either separate letter or other form of notification. The COR/GR monitors all technical aspects of the contract and assists in contract administration. The COR/GR is authorized to perform the following functions:

assure that the Contractor performs the technical requirements of the contract; conduct 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 and specifications and monitor Contractor performance and notify both the CO and Contractor of any deficiencies 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.

1.10 Key Personnel: The following personnel are considered key personnel by the government: Contract Manager/Administrator, Project Manager/Supervisor. 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 CO.

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 Monday – Friday 7:30 am to 4:00 pm except for Federal Holidays

1.11 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.

II. BACKGROUND

2.1 The mission of the United States Fish and Wildlife Service is working with others to conserve, protect and enhance, fish, wildlife, plants, and their habitats for the continuing benefit of the American people.

An important part of this is the protecting the public from wildland fires. Refuges employ a variety of management techniques to reduce fuels; one priority method is through maintaining fire breaks refuges prioritize treatments based upon the management objectives and public safety; that is, the ability to meet the objectives of the refuge while keeping the public safe at the same time.

III. SCOPE OF WORK

3.1 Objective: Primarily, restore existing fire breaks using mastication (30.5 acres) and blading equipment (1 acre), masticate one 2.1-acre lot, and masticate one 1.1-acre wildfire area for a total of

34.7 while maintaining the aesthetic appearance of the site. Mastication requirements are as follows unless otherwise specified: All dead and down vegetation (regardless of diameter) and all timber and brush with a diameter of six (6) inches and smaller located a minimum of 20 feet from the existing break/trail edge, identified by marked flagging, must be masticated to mineral soil. Live oak trees and Long Leaf pine trees will be an exception to this requirement. Secondarily, if funding allows, 15.7 acres of fire lines and walking trails should be restored using mastication equipment to remove trees and brush (Figure 5). The total acreage, including the primary and secondary areas for treatment, is 50.4 acres.

PRIMARY WORK AREA

3.1.1 Herring House (5.9 acres total) (Figure 2):

3.1.1.1 Masticate one 2.1-acre lot to create a buffer between federal property and a private residence. Has not been recently masticated (Figure 6).

3.1.1.2 Masticate a 20-foot-wide fire break (.1 acre). Was recently masticated in 2023.

3.1.1.3 Masticate a 40-foot-wide fire break (2.7 acres). Was recently masticated in 2023 (Figure 7).

3.1.1.4 After mastication, blade a 15-foot-wide section (1.0 acres) to level the fire break for vehicle accessibility.

3.1.2 Pine Beach Wildfire (1.1 acres total) (Figure 3):

3.1.2.1 Masticate one 1.1-acre wildfire area along the Pine Beach Trail. The area to be treated includes dead standing and dead downed mature slash pines (Figure 8).

3.1.3 Sand Bayou (27.7 acres total) (Figure 4):

3.1.3.1 Masticate a 25-foot-wide fire break (1 acre) to the western side of the existing firebreak only. Was masticated 8+ years ago.

3.1.3.2 Masticate a 40-foot-wide fire break (1.6 acres). Was recently masticated in 2023.

3.1.3.3 Masticate a 50-foot-wide fire break (12.7 acres). One third was recently masticated in 2023 (Figure 9).

3.1.3.4 Masticate 12.4-acre fire break (various widths) to include large piles of dead and downed trees from Hurricane Sally. Remove 1-3 hazard trees as identified with a diameter of over 6 inches. Over 50% has been recently masticated (Figure 10).

SECONDARY WORK AREA

3.1.4 Secondary Work Area (Perdue Unit Option 2) (15.7 acres) (Figure 5):

3.1.4.1 Masticate a 40-foot-wide fire break (15.7 acres). Was not recently masticated.

3.2 Treatment Area: The general location is on BSNWR north and south of AL-180 Gulf Shores Alabama.

Pine Beach Wildfire 30.244448, - 87.824663; Sand Bayou Unit 30.257461, -87.75472, Herring House Buffer 30.250086, -87.802633. Portions or all the above identified units may be treated. The government has the right to move project location to a similar site within the refuge boundary if the original site cannot be accessed or a higher priority project is identified.

3.3 Contractor must comply 100% with the agreed-upon plan of work. Required method of treatment will be by low ground pressure tracked excavator mastication and blading equipment. The government is open to alternative method of treatment with low ground pressure equipment but must be approved prior to commencement of work. All work must be done according to work statement, equipment capability restrictions and any local and state regulations.

3.4 The Contractor shall provide all personnel, labor equipment, supplies, transportation, tools, materials, supervision, and other non-personal services necessary to perform the requirements of this contract and shall plan, schedule, coordinate, and ensure effective performance of required services for the entire duration of contract. Crews must avoid all areas marked as “off limits”; coordinates will be provided to the Project Manager for these locations. Treatment applications shall be performed in such a manner as to protect non-target flora species, the environment, and the public. NOTE: The CO reserves the right to require the Contractor to replace any operating personnel, or equipment used in the performance of this Contract if the personnel, or equipment are violating, or have violated, any state or federal laws; or are unsafe; or for any valid reason. In this event, the Contractor shall as soon as reasonably possible, upon written or verbal notice (to be later reduced to writing) from the CO, provide replacements satisfactory to the CO at no additional cost.

3.5 All personnel and equipment to be used will be appropriately licensed and certificated for the work to be done. The Contractor will be responsible for providing sufficient equipment, fuel, safety items, personnel and their subsistence needs during the project period, as well as checking all work sites for hazards of any type which could affect their ability to accomplish the project.

3.6 The Contractor will provide USFWS with contact information for all ground personnel, vehicles, and equipment, identification information (including make, model, color, name of company, and contact information) at least 48 hours before implementation of the project.

3.7 Public Safety: Public safety must be ensured at all times. In application areas where there is potential for public interaction the refuge shall advise the Contractor of any public use hazards. It shall be the ultimate responsibility of the Contractor to initiate operations GO-NO-GO. Any fines or penalties for damage to public or private property or resultant environmental damage shall be the responsibility of the Contractor.

3.8 The COR/GR must be notified at least 48 hours prior to the start of any operations.

3.9 Only approved low ground pressure equipment will be allowed to operate within the treatment units. No rutting greater than six (6) inches will be permitted at any time.

3.10 The Contractor shall avoid any damage to native flora and fauna outside the designated area or clearly marked areas inside the designated area. The Contractor shall not collect, harass, harm, or molest native flora and fauna. The Contractor shall avoid damage to sensitive archaeological sites. The Contractor shall be responsible for the removal of all trash and treatment-related equipment. The Contractor shall be held liable if damage was determined to be the fault of the Contractor (negligence), the result of improper treatment techniques, or the result of Contractor control activities.

3.11 The COR/GR shall provide technical support concerning species/area treatments for each delineated work area. Under no circumstances shall a non-approved piece of equipment be used without knowledge or permission of the COR/GR. Ground crews accessing the treatment area need be aware that the majority of the acres to be treated contain seasonal wetlands.

3.12 A one day site visit will be scheduled for any vendors. The date for a site visit will be arranged after the project is posted and approximately one week prior to project closing date. Interested vendors can contact Jackie Sablan at Jacqueline_sablan@fws.gov.

IV. APPLICABLE DIRECTIVES

mailto:Jacqueline_sablan@fws.gov

4.1 The Contractor is responsible for acquiring and maintaining all federal, state, and local licenses, certifications, and permits. The only exception to this requirement is that the BSCNWR will provide the Section 7 permit, if required, for endangered species if applicable. A copy of the Section 7 permit will be furnished to the Contractor and all conditions will be followed. Endangered species are known to frequently occur in the treatment area and adhering to the Section 7 permit conditions should require minimal effort.

4.2 The Contractor (or their representatives) will not litter. Litter violations will be handled under Federal Code of Regulations 50CFR27.94 (a), which carries a fine of $100.00 per incident upon conviction.

V. PERFORMANCE REQUIREMENTS

5.1 All vegetation with a diameter at breast height of six (6) inches and smaller must be masticated to mineral soil unless identified by the government.

5.2 The Contractor shall complete the treatment during the specified dates as directed by the COR/GR due to endangered species activity as directed by the refuge biologist and wet soil conditions.

5.3 The Contractor shall coordinate with the Government to determine the date(s) and time(s) of treatment to minimize impacts on other Government activities and so refuge staff has time to close roads and trails in the treatment area prior to treatment beginning. Contractor must have work dates and a plan of work approved by the USFWS 48 hours prior to beginning work, preferably established during a face-to-face pre-work meeting.

5.4 The Contractor shall clean and wash equipment in accordance with Environmental Protection Agency and refuge guidelines to prevent the introduction of exotic flora and fauna onto the refuge. Refuge guidelines require all equipment to be pressure washed prior to entering refuge property. Prior to leaving the worksite for the day, the Contractor shall remove all equipment and materials associated with contract activities on government property unless approval has been granted by the Refuge Manager, COR, or GR and/or a storage site has been identified.

5.5 Contractor is responsible for notifying COR/GR at the time of a hazardous spill and the contractor is responsible for cleaning up any spills that may occur.

5.6 The Contractor shall avoid any damage to native vegetation and wildlife. The Contractor shall be responsible for the removal of all trash and treatment-related equipment. Trash shall be removed daily.

If damage occurs, the Contractor shall be held liable if damage was determined to be because of Contractor negligence, the result of improper treatment techniques, or the result of Contractor control activities.

5.7 The COR/GR shall inform the Contractor of the time schedule as work progresses. However, the CO may halt work at any time upon written notice.

5.8 Weather and site conditions may interfere with the work completion schedule negotiated at the award conference. The CO may halt work at any time upon written notice for conditions beyond the control of the contractor. If this results in significant time lost, the completion date for the project can be re-negotiated by the COR/GR and must be approved by the COR.

VI. WORK TIME/HOURS OF DUTY

6.1 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 7:00 am – 5:00 pm Monday thru Friday except national emergencies, administrative closings, or similar Government directives. Workdays or hours outside these times must be approved by the COR/GR. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW 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.

VII. SUPPLIES, MATERIALS, EQUIPMENT, AND UTILITIES

7.1 As a government agency dedicated to “working with others to conserve, protect and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people,” the U.S. Fish and Wildlife Service strives to incorporate the most ecologically sound and environmentally beneficial technologies, materials, and practices into all aspects of planning and operations. To help achieve this mission and meet Executive Orders (EOs) and Department of the Interior (DOI) planning requirements, the USFWS has implemented strategies to reduce the environmental impacts associated with procurement, lease acquisition, waste prevention and recycling, facility design, construction, operation, and management, contracting and permitted commercial visitor services. These strategies have been collectively referred to as the FWS’s Green Procurement and Waste Prevention & Recycling Program (Greening Program) and are a part of the FWS’s overall approach to environmental management.

VIII. SUPERVISION

8.1 In order to ensure performance and accomplishment of the work as outlined herein, the Contractor shall always provide adequate and competent supervision for all work to be accomplished by the Contractor’s employees. When contract work is in progress, supervisory personnel shall be always available to receive notices, reports, or requests from the COR/GR or his authorized representative. At no time shall CO/COR/GR direct or supervise the activities of the Contractor’s employees.

8.2 On-site Supervision: An on-site supervisor, with the ability to speak and understand English clearly and with the authority to act for the Contractor on a day-to-day basis and to sign inspection reports and all other correspondence on behalf of the Contractor, shall be always present at the work site when contract work is in progress, unless a contractor employee can act on the supervisor’s behalf.

8.3. Supervisory Responsibilities: Supervisory responsibilities shall include, but shall not be limited to, the following: Providing an adequate labor force; this includes the immediate replacement of personnel dismissed for cause or leaving employment of their own volition; Ensuring that Contractor personnel are properly trained to perform their assigned work in a proper, safe, and efficient manner, and ensuring that the proper supplies, materials, and equipment are on hand; Taking action to prevent general carelessness by employees and/or abuse of government property, flora or fauna; Establishing an effective and comprehensive safety program; Indoctrinating employees to report fire, hazardous conditions and damage; Continually ensuring that the conduct of the Contractor’s employees reflect favorably upon the Contractor’s and Fish and Wildlife Service organization(s). If applicable, supervisory personnel are responsible for ensuring that employees fully support and participate in the energy-conservation program within the facilities.

IX. CONTRACTOR PERSONNEL QUALIFICATIONS

9.1 Supervisory Personnel: All supervisory employees engaged in directing the work to be accomplished under this contract shall possess, at least two years’ experience in directing the subject service-type operations in a supervisory capacity for the approximate size/scope of this contract.

X. DELIVERABLES

10.1 Frequent reporting/accounting of overall progress (i.e., 25%, 50%, 75%, and 100%) or as determined by the COR/GR.

10.2 Coordination, application, and wrap-up meetings

10.3 A COR/GR will inspect all areas periodically during the contract period.

10.4 Copies of all invoices (signed by the Contractor Crew Supervisor/GR) can be submitted to the Government at completion times of 25%, 50%, 75%, and 100% complete.

XI. DELIVERABLES SCHEDULE

(This technical exhibit lists any reports or documentation that is required as a deliverable and includes the frequency, # of copies, medium/format and who/where it is to be submitted. A deliverable is anything that can be physically delivered but may include non-physical things such as meeting minutes.)

Deliverable Frequency # Of Copies Medium/Format Submit To

Routine reporting/accounting of progress

25%, 50%, 75%, 100% 1 Hard/soft copy COR/GR/Manager

Daily Progress Report Submitted weekly 1 Hard/soft copy COR/GR/Manager

Coordination, application, and wrap-up meetings

As directed by the

COR/GR

n/a Meeting COR/GR/Manager

XII. Quality Assurance Plan

12.1 The Contractor shall institute a complete quality-control program to ensure that the requirements of this contract are provided, as specified. The overall goal of the program should be to identify and correct any problems that may exist before they are identified by or reported to the COR/GR. This will aid in ensuring the contractor meets time schedules, adheres to standard commercial practices, and complies with Performance Work Statement/contract in an efficient, ethical, and productive manner. As a minimum, the program shall include:

12.2 An inspection system covering all the services required under Section V (Performance Requirements) with a comprehensive checklist to be used to inspect contract performance during scheduled and unscheduled inspections, and the name(s) of the individuals who will be performing the inspections.

12.3 A system for identifying and correcting deficiencies and/or a pattern of deficiencies in the quality or quantity of services provided before the level of performance becomes unacceptable and/or Government inspectors point out the deficiencies.

12.4 A file of all inspections conducted by the Contractor and corrective actions taken (at Contractor’s expense). This should include follow-up inspections to ensure that corrective action was appropriate, complete, and timely. This documentation shall be organized in a logical manner, kept current, and made available to the CO/COR/GR during the term of the contract.

12.5 When notified of a deficiency, items designated as unsatisfactory or below standard shall be re-performed by Contactor at no additional cost to the Government. All corrective action must be completed by the next working day of notification of the deficiency. If not, a deduction may be made (as determined from the applicable month’s invoice). Failure of the Government to notify the Contractor of a deficiency does not relieve the Contractor of the obligation to perform services nor does it relieve the Contractor of the responsibility to ensure that quality control measures are adhered to for contract compliance.

12.6 Comply with work production/work schedule(s) except for Excusable Delays. 100% compliance

12.7 Comply with all work requirements and standards as indicated within the Scope of Work. 100% compliance

12.8 Comply with all contract terms and conditions. 100% compliance

12.9 Must not damage government resources, fish, wildlife, and/or property. 100% compliance

12.10 Maintain safety of workers and work environment at all times. 100% compliance with no deviations

12.11 Ensure all equipment is in good working order during the entire period of performance and safeguard the use and storage of all hazardous chemicals. 100% compliance

12.12 The task shall be considered completed following a thorough final inspection of the delineated treatment area by the COR and only if it is determined that the Contractor treated 100% of the project.

100% compliance

12.13 The Contractor shall be held responsible for non-target damage (to be determined by the COR).

100% compliance

12.14 Inspection of equipment. The CO/CO/GR reserves the right to inspect, at any time upon notice to the Contractor, the Contractor’s procedures, and operating personnel. Inspection, however, shall not relieve the Contractor of any obligations or responsibilities, nor shall it transfer any liability to the Refuge.

12.15 Final payment shall be held until 100% of the project is completed as determined by a final inspection conducted by COR/GR.

12.16 Non-compliance with Performance Work Statement will result in negative performance evaluation/rating.

12.17 A positive performance rating will be given for overall satisfactory work and compliance related to the contract.

XIII. Cultural Survey Statement

Should previously unrecorded cultural resources be encountered, the contractor and/or his/her field director will cease all activities at that specific location and make all reasonable efforts to avoid or minimize damage to the site. The Refuge Manager will be notified immediately. The Office of the Regional Archaeologist will be notified and advised of the nature of the discovery. The Regional Archaeologist may request specific items, such as photographs, a physical description of the remains, and a map(s) depicting the site’s location, to be submitted to his office. Upon review of this information, the Regional Archaeologist will:

• Provide technical advice and assistance for an assessment of the site. Such assistance may consist of, but is not limited to, an archaeological survey which further delineates the site’s parameters, ascertain the presence or absence of intact cultural deposits, determine the site’s periods of occupations, and assess the site’s significance and potential for future research.

• Submit a completed and/or updated site form to the Alabama Master Site Files.

• Recommend ways to protect the site when future management activities occur within or near the site.

Should human remains be encountered in an unmarked grave during this action, all actions will cease at that specific location. The Refuge Manager, the Regional Archaeologist, and the Refuge Law Enforcement Officer will be contacted immediately. The Regional Archaeologist will contact the Alabama Historical Commission (AHC); the Refuge Law Enforcement Officer will notify the County Medical Examiner. If the human remains are deemed to be Native American, then the Seminole Tribe of Florida, the Seminole Nation of Oklahoma, the Poarch Band of Creeks, the Muscogee (Creek) Nation of Oklahoma, the Choctaw Nation of Oklahoma, the Jena Band of Choctaw, and the Mississippi Band of Choctaws will be notified pursuant to the provisions of the Native American Grave Protection and Repatriation Act. Representatives from the AHC and the Regional Archaeologist will provide technical advice for the treatment of the unmarked burial, which may include, but is not limited to, the development and implementation of a site treatment plan to protect the burial location during future management actions, an assessment of site damage, and analysis and subsequent disposition of any recovered human skeletal remains. Should the human remains be deemed part of a crime scene, then jurisdiction and control will be turned over to the pertinent federal, state, and local law enforcement agencies.