Attachment_1-_Performance_Work_Statement__revision1_0002.pdf

Performance Work Statement Invasive Species Treatment at Coldwater River National Wildlife Refuge

Crowder, MS

I. General Information

1.1 General: This is a services contract in which the Contractor shall locate and treat Chinese tallow tree (Triadica sebifera) within the delineated project boundaries on Coldwater River National Wildlife Refuge (NWR) (Figure 1).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. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform work services as defined in this Performance Work Statement except for those items specified as government furnished property services. The Contractor shall perform to the standards in this contract. Failure of the Contractor to perform to the satisfaction of the Contract Officer or Contracting Officer Representative (COR) will be sufficient cause for the termination of the contract by the Government.

1.2 Introduction: The Contractor shall apply the appropriate herbicide and adjuvant to control/treat all Chinese tallow within the delineated project unit on the Coldwater River NWR. The Contractor shall treat 100% of targeted vegetation and shall apply sufficient herbicide to control 95% of all vegetation four

(4) months post-treatment.

1.3 Location of Work Area: The work to be performed under this contract will occur within the boundaries of the Coldwater River NWR (Figure 1), Quitman County, Mississippi. The NWR is located south of Crowder, Mississippi. The delineated project area is 56 acres of forested habitat with drainages and depressional wetlands which have been scouted and received opportunistic herbicide applications.

Figure 1 shows treatment locations from 2023 and 2024. If the total acres treated in the delineated project area have not exhausted the contracted funds, the project area may be extended to include adjacent acres.

Access to the refuge (Latitude: 34.106338, Longitude: -90.136185) is via Dummy Line Road (also called Levee Road) south of Crowder, Mississippi on the Tallahatchie and Quitman County line. From there, the treatment zone may then be accessed through a locked gate by the observation tower, driving on the levees to the east of the tower towards the wood line to the south (Latitude: 34.101891, -90.138567). The treatment area is bordered on the north by a levee, east by a drainage ditch, west by a mowed UTV trail, and the south by a forested wetland. Access within the work site will primarily be by foot traffic only.

1.4 Type of Contract: Firm fixed Price Contract. Work will be billed at by acres completed. Retreatment to meet the minimum contract deliverables standards is at the cost of the Contractor. Contractor shall furnish all labor, equipment, and materials necessary to perform directed removal of target invasive plant species (mechanical, manual, or chemical treatment) within designated areas.

1.5 Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information, and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.5.1 The project area is accessed through the waterfowl sanctuary that is closed to all public use year-round. Activity in this area is limited to habitat management and biological work only. The Contractor is friley Highlight responsible for keeping all gates closed and locking them at the end of each workday. A gate key may be issued to the Contractor and must be returned to the refuge’s Point of Contact at the end of the contract period.

1.6 Key Control: The Contractor shall establish and implement methods of making sure all keys issued to the Contractor by the Government are not lost or misplaced and are not use by unauthorized persons. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall immediately report any occurrences of lost of duplicate keys to the Contracting Officer.

1.6.1 In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.6.2 The Contractor shall prohibit the use of Government issued keys by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.7 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any 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, Contracting Officers Representative (COR), Government/Site Representative (GR/SR), 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 Contracting Officer 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.

1.8 Contracting Officer Representative (COR)/Government/SR Representative (GR/SR): The COR/SR 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, including Government drawings, designs, and specifications;

monitor Contractor performance and notify 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.

II. Background

2.1 Treatment and management of invasive exotic plants has been identified as a priority within the National Wildlife Refuge System. Invasive exotic plants displace native plant communities and native wildlife. Refuges employ a variety of management techniques to control invasive exotic plants, with herbicides being the primary tool employed on Coldwater River NWR. Invasive exotic removal work is performed by refuge staff, independent Contractors, and volunteers. Chinese tallow tree has been listed as a noxious weed in several states, including Mississippi. Its aggressive spread, ability to form dense thickets that outcompete native vegetation, and ability to negatively impact soils makes this species a priority for control.

III. Scope

3.1 Objective: To provide herbicide control and treatment of invasive, exotic plant infestations (Chinese tallow tree) within the delineated project boundaries. Completion of the proposed project will be the first comprehensive treatment of tallow on any portion of Coldwater River NWR.

3.2 Treatment Unit: The overall goal of this effort shall be to treat Chinese tallow trees within the treatment unit or until funding is exhausted in order to restore native habitat and enhance re-growth of native vegetation. The treatment area is a combination of riparian zones, bottomland hardwood forest, and drainage ditch banks. The target species is irregularly distributed within the project area, with large portions of the unit described as having a light infestation. Total acreage treated will depend on the final cost per acre of the awarded contract.

Contractor shall fully survey the project area for non-native plants. U.S. Fish and Wildlife Service (USFWS) staff reserve the right to mobilize the Contractor to any areas provided funding remains on the task order to achieve habitat management goals of the Refuge.

Figure one shows the project area. This area may be expanded if remaining funds are available.

3.3 3 The Contractor shall provide all personnel, labor (i.e. herbicide application), equipment (i.e. GPS units), supplies (i.e. chemicals, herbicides, adjuvant), transportation, tools, materials, supervision, and other non-personal services necessary to perform the requirements of this contract order and shall plan, schedule, coordinate, and ensure effective performance of required services for the entire duration of contract. Treatment applications shall be performed in such a manner as to protect non-target organisms and the environment. NOTE: The Contracting Officer 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 Contracting Officer, provide replacements satisfactory to the Contracting Officer at no additional cost.

3.4 Work performance shall be defined as 100% of identified species infestations to be treated, and a 95% control rate (Acceptance Criteria [AC]) achieved four to six months post-treatment. If the AC is not met, it shall be the responsibility of the Contractor to re-treat areas until the control rate is achieved at no additional cost to the Government (FWS). Note: Treatment locations may change at management’s discretion due to environmental conditions or if there is a need to complete higher priority treatments within the approved work areas. This will not result in a penalty or decrease in funds to the Contractor, as long as performance is acceptable.

3.5 The Contractor shall provide adequate personnel for the purpose of loading and dispersing of the chemicals. The Contractor shall be responsible for all unloading/loading operations. Movement of chemicals, water, and equipment in and around the treatment locations shall be the sole responsibility of the contract applicators. All personnel and equipment to be used shall be appropriately licensed and certificated as appropriate for the work to be done. The Contractor shall be responsible for providing sufficient equipment, fuel (for equipment), safety items, spill response kit, 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 spraying project.

3.6 The Contactor shall only be permitted to use herbicides that have been approved for use on the Refuge through the FWS Pesticide Use Proposal process. No exceptions shall be permitted. Rates applied shall not exceed the highest rate recommended on the label for that treatment.

3.7 The Contractor shall supply equipment to meter chemicals and bark oil mixtures, and shall provide mixing and loading equipment and water. The Contractor must be capable of calibrating equipment to the final application rate specifications. Note: Coldwater River NWR is remote and does not have any water or electric utilities on site.

3.8 The Refuge Manager must be notified at least 48 hours prior to any application of chemical.

3.9 No heavy equipment shall be allowed to operate within the treatment units. During periods of extended wet weather or in areas with saturated soils, equipment cannot cause ruts greater than 6 inches deep. If work is prohibited by the USFWS due to extended wet weather, negotiations may be made to lengthen the contract period.

3.10 The Contractor shall avoid any damage to native vegetation and wildlife other than any identified native vegetation to be treated. The Contractor shall not collect, harass, harm, or molest native plants or wildlife. The Contractor shall avoid damage to sensitive archaeological sites. The Contractor shall be responsible for the removal of all trash and treatment-related equipment (i.e. flagging). 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 In order to most effectively treat non-native, invasive plants, treatment efforts shall occur during the growing season. Access to the project area is via the levees in the closed area. There is limited ATV/UTV and truck access, furnished by the contractors. On-site storage of approved materials/equipment is permitted at the risk of the Contractor – location to be determined and at Refuge Manager’s/COR/SR discretion.

3.12 Each ground crew shall have at least one supervisor who is a licensed herbicide applicator, and shall be responsible for data collection, herbicide application and inventory, herbicide safety procedures, and crew supervision. The ground crew supervisor shall have navigation equipment such as a hand-held Global Positioning System (GPS) unit, to mark areas of treatment for submittal to the Refuge. Under no circumstances shall a non-approved herbicide or combination thereof, be used without knowledge or permission of the COR and an approved pesticide use proposal.

IV. Applicable Directives

4.1 The Contractor and his employees must abide by all applicable local, State, and Federal regulations, publications, manuals, and local policies and procedures related to commercial herbicide application, employee and public safety, work standards, and refuge regulations. This includes 4.2 OSHA, 29 CFR 1910 (as applicable) and all refuge-specific regulations not addressed in the contract (i.e., Contractor is granted exceptions for the use of ATV/UTVs and access to closed areas).

4.2 The Contractor shall be responsible for acquiring and maintaining all federal and local licenses, certification, and permits as required including a Mississippi State Commercial Pesticide Applicator license. Each crew supervisor shall have a valid and current license in the aquatic and/or natural areas categories issued by the State of Mississippi, Department of Agriculture and Commerce. The Contractor shall be required to submit a copy of the licenses to the Contracting Officer prior to the award date.

V. PERFORMANCE REQUIREMENTS

5.1 Supply and apply herbicide according to desired outcomes as per label directions and quantities.

5.1.1 Employ approved Current Control Technologies (CCTs) for controlling identified exotic plant species infestations in the treatment areas. Treated plants shall be cut or left in place at the contractor’s discretion. The Contractor shall have full responsibility for systematically treating the delineated project area(s) indicated by the COR/SR unless the priority is changed by management. The Crew Supervisor shall be responsible for notifying the COR /SR within three weeks of treatment completion so that area can be inspected. Areas not treated, or not responding to treatment shall be required to be retreated at the Contractor’s expense, if it is determined that the Contractor provided inadequate treatment measures. The Contractor shall be responsible for 100% treatment and 95% control (four to six months post-treatment) of all Chinese tallow within the delineated treatment area.

5.1.2 Treatment

5.1.2.1 Coldwater River NWR treatment area: Complete ground treatment of 100% of Chinese tallow tree achieving no less than 95% control four to six months post-treatment. The Contractor shall canvass 100% of the treatment area to ensure 100% treatment.

5.1.2.2 Apply herbicides in such a manner and rate to provide adequate coverage within the designated treatment areas. Herbicide selection and application rates and methods are at the discretion of the Contractor, however all chemicals must be pre-approved and a Refuge Pesticide Use Permit (PUP) issued prior to application and application rates shall be no more than the maximum permitted by label and manufacturer’s specifications. Confirmation of permitted herbicides shall be coordinated with the COR/SR/Refuge Manager, discussed during the Pre-Award teleconference, and approved well in advance of the spraying. The Contractor shall be held liable for the use of any non-approved herbicides or damage occurring from the usage of a non-approved herbicide.

5.1.2.3 Non-Target Damage: The Contractor shall, to the best of his/her ability, avoid non-target damage to native vegetation and avoid disturbance and impacts to native wildlife. Contractor shall not apply herbicides when environmental conditions are out of compliance with label requirements.

5.1.2.4 Handling, Mixing, Chemical Disposal: All herbicides and adjuvants/surfactants shall be handled and stored in accordance with instructions on the EPA registration label. All herbicides shall be mixed and applied in accordance with the label instructions. Unless noted, the Contractor shall be responsible for providing, handling, mixing and disposing of all herbicides and adjuvants/surfactants. The Contractor shall be responsible for providing all mixing water on all USFWS projects. In addition, the Contractor shall ensure that no contamination of any water source occurs, and that emergency spill containment equipment or spill kit shall be present at the worksite and shall be capable of containing all potential herbicide or surfactant spills from contract vehicles or equipment.

5.1.2.5 The Contractor shall perform an initial treatment and a re-treatment, as necessary, to ensure Acceptance Criteria is met.

5.2.1 The Contractor shall coordinate with the Government to determine the date(s) and time(s) of herbicide application to minimize impacts on other Government activities. Contractor must have work dates and a plan of work approved by the USFWS 48 hours prior to beginning work.

5.3 The Contractor shall clean and flush spray equipment in accordance with EPA guidelines. All spray tanks and mixing tanks must be properly cleaned (triple rinsed) prior to arrival because this shall not be allowed on site. Contractor/operator may not flush/rinse out tanks onto the ground after the job is completed. Prior to leaving the worksite for the day, the Contractor shall remove all equipment and materials associated with contract or aerial spraying activities on government property unless approval has been granted by the Refuge Manager, and/or a storage site has been identified.

5.4 Contractor shall be responsible for cleaning up any spills that may occur.

5.5 The Contractor shall avoid any damage to native vegetation and wildlife. The Contractor shall not collect, harass, harm, or molest native plants or wildlife. The Contractor shall be responsible for the removal of all trash and treatment-related equipment. Trash shall be removed on a daily basis. 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.

5.6 Special Conditions

5.6.1 The COR shall inform the Contractor of the time schedule as work progresses. However, the Contracting Officer may halt work at any time upon written notice.

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

VI. Work time/hours of duty

6.1 Work shall not be performed on the following Federal holidays: New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Juneteenth, Fourth of July, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, and Christmas.

6.2 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 7 and 5 Monday thru Friday except Federal holidays, weekends, 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 shall 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 scope of work 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 Government-Furnished Property and Services. The Government will provide the Contractor with the following items:

7.1.1 Facilities: Staging ATV/UTV, light duty truck and landscape style trailer (in combination) for the storage of equipment and herbicides needed to complete the project shall be addressed prior to the start of the project and approval shall be at the discretion of the Site/Refuge Manager. Equipment protection and storage is the responsibility of the Contractor.

There are no on-site amenities (restrooms, water, electricity, etc.). The Contractor will be required to furnish his own sanitary facilities, water and operational necessities.

7.1.2 Utilities: none

7.2 Supplies, Materials, and Equipment: to be provided by the Contractor

7.2.1 All supplies, equipment, parts, and material(s) required to successfully complete this requirement will be provided by the Contractor. All equipment to be used in the performance of work described herein is subject to the approval of the Government Representative (GR).

7.2.2 Only approved four-wheel drive vehicles and/or UTVs may enter and must remain on established vehicle-accessible routes to and from the treatment area.

7.2.3 All equipment used by the Contractor must be cleaned off-site of any soil and plant material prior to entering the refuge. If equipment leaves the work site for any reason it must be cleaned of plant material and soil prior to re-entering the refuge. This requirement is to limit the potential for spread of exotic and invasive plants onto the refuge.

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 always be available to receive notices, reports, or requests from the GR/COR or his authorized representative. At no time shall Government representatives 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 present at the work site at all times 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:

8.3.1 Providing an adequate labor force; this includes the immediate replacement of personnel dismissed for cause or leaving employment of their own volition.

8.3.2 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.

8.3.3 Taking action to prevent general carelessness by employees and/or abuse of facilities or equipment.

8.3.4 Establishing an effective and comprehensive safety program.

8.3.5 Indoctrinating employees to report fire, hazardous conditions, maintenance deficiencies, and graffiti.

8.3.6 Continually ensuring that the conduct of the Contractor’s employees reflect favorably upon the Contractor’s and FWS organization(s).

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 with-in within the past four years, experience in directing the subject service-type operations in a supervisory capacity for the approximate scope of this contract.

X. Deliverables

10.1 Frequent reporting/accounting of overall progress and (to-date) expenditures (i.e. 25%, 50%, 90%) or as determined by the Government/Site Representative.

10.2 Universal Daily Progress Report (U-DPR), to be provided prior to commencement of work, documenting all locations treated in UTMs, habitat types, herbicides and surfactants used and their respective volumes, dates treated, number of applicators, hours worked, targeted species and stems/acreage treated and seedlings pulled, equipment used and hours, etc., which shall be submitted to the FWS Site Manager or his/her designee on a bi-weekly basis (minimum).

10.3 Upon completion of the project, the Contractor shall provide the Site Manager with the total volume of herbicide (for each type) used and the estimated infested acres treated.

10.4 Associated tracks and waypoints collected shall be downloaded as a projected shapefile and provided to the COR/SR of record or their designee. NOTE: Contractor crew supervisor cannot enter the Refuge, unless they have and are proficient with a GPS to navigate.

10.5 Work plan to include schedule.

10.6 A government representative will inspect all areas periodically during the contract period and will perform a final inspection of all areas 30 days following treatments.

10.7 Copies of all task order invoices (signed by the Contractor Crew Supervisor/Site Manager) shall be submitted to the FWS Site Manager and/or R4 ISST as agreed upon by the Government and the Contractor. Invoices shall be submitted no more frequently than monthly.

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 Medium/Format Submit To

Routine reporting/accounting of progress and (to-date) expenditures

25%, 50%, 90%

Hard/soft copy in MS Word or Excel format

Government Representative/Manager

U-DPR Bi-weekly Hard/soft copy in MS Word or Excel format

Government Representative/Manager

GPS/ Track Log As directed by the

COR/SR

Projected shapefile Government Representative/Manager

Daily logs to document work

Recorded daily;

submitted bi-weekly

Hard/soft copy in MS Word or Excel format

Government Representative/Manager

Coordination, application, and wrap-up meetings

As directed by the

COR/SR

Meeting Government Representative/Manager

XI. POINT OF CONTACT

Primary: Amber Floyd, Refuge Manager, North Mississippi Refuges Complex

(662) 226-8286 or amber_floyd@fws.gov

Secondary: Becky Rosamond, Wildlife Biologist, North Mississippi Refuges Complex

(662) 226-8286, becky_rosamond@fws.gov mailto:amber_floyd@fws.gov mailto:becky_rosamond@fws.gov

Figure 1. Map of Coldwater River National Wildlife Refuge in Quitman County, Mississippi, showing prior treatment and detections of Chinese tallow tree (Triadica sebifera) within the proposed project area. Additional acres may be treated with remaining funds following completion of treatment of the proposed project area.