Attachment_1-_Performance_Work_Statement.pdf

Performance Work Statement (PWS)

Understory Shrub Herbicide Treatment for Fuel Reduction and Forest Regeneration – Ninigret NWR (Lewis Tract)

1. GENERAL INFORMATION

The U.S. Fish & Wildlife Service is seeking quotes from qualified and certified contractors for herbicide treatment of mountain laurel (Kalmia latifolia) in the understory of a pitch pine forest restoration site at the Lewis Tract of Ninigret National Wildlife Refuge in Charlestown, Rhode Island (Figure 1). Stands of mountain laurel were previously mulched during forest thinning operations conducted in winter 2026 and during planned operations in winter 2027. The selected contractor will be responsible for two years of herbicide treatment targeting mountain laurel regeneration.

These treatments are intended to promote overall forest health by reducing excessive mountain laurel cover, supporting pitch pine and oak regeneration, and increasing diversity among native species across the restoration site.

The initial herbicide treatment (Year 1) within the mulched area will occur in late summer/fall 2027 and will include mowing dead mountain laurel stems in late fall or early winter, after spraying. A second spot treatment (Year 2) will take place in summer/fall 2028 and will not include mowing dead stems. The total estimated acreage requiring mountain laurel treatment is 35 acres (see Section 1.2).

Contractors shall submit a per‑acre bid price for both the initial and follow‑up herbicide treatments to be conducted between 2027 and 2028.

1.1. Timeframe/Period of Performance: Due to the presence of sensitive species within the project areas, all herbicide treatments targeting mountain laurel must be conducted after the breeding season, between August and October.

1.2. Mountain Laurel Treatment Areas and Access Guidelines

Mountain Laurel Treatment Areas (Figure 2; 35 acres):

There are 35 acres of mountain laurel that were masticated during the winters of 2026 and 2027, and herbicide treatment is needed to control regeneration within these areas.

The 1- to 2‑year‑old mountain laurel regrowth is expected to reach approximately 2–4 feet in height at the time of the initial herbicide application (Figure 3). Ideally, standing dead stems should also be mowed no sooner than three weeks after the initial herbicide application. Mowing of dead stems is not required after the second year of spot treatment. The overall goal of the project is to reduce mountain laurel fuel loads, promote pitch pine and oak regeneration, and encourage a more diverse herbaceous understory.

The project area lies on the Charlestown terminal moraine and is characterized by sandy soils, flat terrain interspersed with rolling to steep ridges, and scattered rocks and erratic boulders. Access to the site is from School House Pond Road, Charlestown, RI 02813 (41.389776, -71.656350). Mountain laurel treatment areas in the interior of the site will require a UTV to access. Treatments will be conducted using a combination of UTV‑mounted boom or gun sprayers and low‑pressure backpack sprayers on foot.

Please note that no water sources are available on-site, and contractors must plan accordingly for herbicide mixing and applications logistics.

2. TREATMENT AREAS, CONTROL GOALS AND HERBICIDES

2.1 Mountain Laural Treatment Performance Goals:

Treatment Performance Goals:

The contractor is expected to achieve the following control benchmarks for invasive plant species treated under this contract:

o Initial treatments should aim for 70–90% control, measured by reduction in live stem density and percent cover.

o Spot treatments in previously treated areas should target up to 95 to 100% control

2.2 Herbicide Selection Procedure: Herbicides must be registered for wetland use. No restricturd use herbicides are allowed. No herbicides can be used on refuge property without prior approval from the refuge project officer. In addition, all carriers and adjuvants must be non-toxic and registered for water applications.

2.3 Minimizing Impacts to Non-Target Species: To ensure safe and effective application of herbicides and minimize off- target impacts, the contractor shall adhere to the following weather-related restrictions:

• Wind Conditions:

Herbicide applications shall not be conducted when sustained wind speeds exceed 10 miles per hour or when gusts exceed 15 mph, unless otherwise approved by the Technical Project Officer. Drift-reducing additives and low-pressure equipment should be used where appropriate to further minimize risk.

North winds are the least preferable and should be avoided if possible.

• Rainfall Conditions:

Herbicide applications shall not occur during active precipitation events or when rain if forecast within 24 hours of treatment, unless the product label specifically allows for shorter rainfast periods. Contractors must monitor local weather forecasts and plan accordingly to avoid herbicide wash-off and reduced efficacy.

Contractors are responsible for adjusting treatment schedules to comply with these restrictions and must coordinate with refuge staff to ensure operations are conducted under suitable conditions.

3. NOTIFICATION OF TREATMENT

3.1. The contractor shall provide advanced notification to the U.S. Fish and Wildlife Service prior to initiating any invasive plant treatment activities. Notification must include:

• Date and Time of planned treatment

• Location(s) of treatment, including specific habitat areas and acreage

• Target species and treatment method(s) to be used

• Herbicide product(s) and application rates

Notification must be submitted at least 48 hours in advance of any treatment activity.

The contractor shall also notify the Technical Project Officer upon completion of each treatment event. All treatments activities must be coordinated with refuge stag to ensure compliance with site access protocols, environmental protection measures, and timing restrictions.

4. HANDLING, MIXING, APPLICATION RATES AND METHODS

4.1. Handling and Mixing: All herbicides will be handled and stored in accordance with instructions on the EPA registration label, and less than 3 years old. All herbicides shall be mixed in accordance with the label instructions so that the desired rate of application can be attained with the Contractor's application equipment. Mixing water is the responsibility of the Contractor. The Contractor is required to provide a secondary containment system around their herbicide mixing area when herbicides are mixed on government property. Spill kit is required to contain any accidental Unused, mixed pesticides will be disposed of in accordance with local, state and EPA guidelines. Spray equipment cleaning will also be accomplished in accordance with these guidelines and must be done off Refuge property. Prior to leaving a worksite for the day, the Contractor shall remove all equipment and unused materials, any waste materials, oil, empty herbicide containers and litter resulting from contract activities on government property at the end of each workday.

4.2. Equipment: No materials or operating supplies are Government furnished. All property and materials required for performing the contract tasks shall be provided by the contractor. The equipment used by the Contractor shall be designed for such work and operated in a safe manner. The equipment will be capable of accurately delivering a predetermined rate per acre dosage of herbicide.

All equipment must be cleaned thoroughly prior to accessing the refuge to prevent introduction or spread of any additional invasive species.

4.3. Rates and Method of Application: Application rates and treatment methods will be included in the bid, based on applicator experience with past effectiveness, in consultation with the refuge biologist.

5. SAFETY AND CERTIFICATION

5.1. Safety Manual: Notwithstanding any other provisions of this contract, the Contractor shall comply with all safety and health requirements as outlined in OSHA Safety Standards to ensure the safe working conditions for themselves and others.

5.2. Hazard Communication: The Contractor shall implement a hazard communication program in accordance with 29 Code of Federal Regulations (CFR) 1910.1200 or

1926.59. The written hazard communication program shall address, as a minimum, the following: training (to include potential safety and health effects from exposure), labeling, current inventory of hazardous chemicals on site, and the location and use of Safety Data Sheets (SDSs).

5.3. Licensing: The Contractor or any employees or sub-contractors performing any of the work under this contract shall possess a valid Rhode Island commercial herbicide applicator's license and shall comply with all Federal, State, and local laws and regulations applicable to the contract work and to the products and materials used by the Contractor in performing that work. Certifications, licenses and/or permits shall be valid for the period of application and available for inspection.

5.4. Public Safety: Public safety must be ensured when spraying or using pesticides. In application areas where there is potential for use by the public, Contractor will provide as much advanced notice as possible, and at 48 hours in advance, so that refuge staff can enforce closure during time of spraying and place appropriate warning signs which inform the public that pesticide application work is on-going.

5.5. EPA Registration Label: All work shall be performed in accordance with the instructions on the EPA registration label of the chemical herbicide used. All safety instructions featured on the label shall be strictly adhered to.

5.6. Safety Data Sheets: Safety Data Sheets (SDS) shall be submitted to the Refuge Project

Officer with the “Application Plan” as outlined in Section 6.1. The Contractor shall also make these SDSs readily available to all affected contract employees.

5.7. Spills and Contamination: The Contractor shall submit the response measures to be implemented should a spill or contamination occur. The Contractor's immediate response to a spill or contamination shall be to proceed with the required measures to limit the contamination. Immediately following this initial response, the Contractor shall notify the appropriate Refuge Project Officer at the work location and other appropriate local, state, and federal officials. Subsequent to these actions, the Contractor shall take actions to clean up the spill as recommended by the Refuge Project Officer.

Should a personnel contamination occur, the Contractor shall take immediate actions as prescribed by chemical manufacturer so as to protect the safety and health of the contaminated individual(s). Immediately following the Contractor's initial response, the incident shall be reported to the Refuge Project Officer.

6. SUBMITTAL AND REPORTING

6.1. Application Plan: The Contractor shall submit an electronic copy of an application plan to the Refuge Project Officer. This plan shall outline the types of herbicides, planned application rates, the timing and treatment frequency scanned copies of applicator licenses, and a spill and contamination action plan. Additionally, the Contractor shall certify in writing that all employees engaged in handling, mixing and spraying herbicides have read the SDS's and that personal protective equipment as specified by the SDS's will be provided to and worn by these persons. Further, one hard copy of the approved plan shall be provided that will include a signed statement by the Contractor that this plan complies with all state, local and federal regulations. This plan shall be submitted for review and approval within 5 working days of the notice of contract award and prior to the desired start of work. Government approval of this plan in no way relieves the Contractor of any liability for compliance with all Federal, State, and/or local regulations, should there be omissions/errors within said plan.

6.2. Post-Application Documentation: The Contractor shall submit a spray log to the Refuge

Project Officer detailing: date and hour(s) sprayed, crew members, chemical applied, application rate, weather conditions (average windspeed, temperature, humidity, cloud cover).

The Contractor shall identify a method to document all areas that been treated and how success will be determined (i.e. paper map, mobile GPS, Field Maps, etc)

The Contractor shall provide recommended follow up treatments to ensure restoration of native shrub and provide separate cost estimates for follow up treatment.

7. PREWORK MEETING

7.1. Within 10 days after contract award, the Contractor shall contact the Refuge Project Officer to arrange a meeting to discuss and develop a mutual understanding of the requirements and details of work. There may also be occasions when subsequent conferences will be called to reconfirm understandings or provide clarifications on contract requirements.

8. LIABILITY OF AND DAMAGES TO THE GOVERNMENT

8.1. Insurance: The contractor will carry liability insurance that will cover the application of pesticides as defined in this specification. This coverage will include as a minimum drift, run-off, and pollution (sudden and accidental) for all contract operations. The amount of coverage this insurance will provide will not be less than $ 1,000,000 per incident. A Certificate of Insurance form signed by the insuring agency shall be provided to the contracting officer prior to award of the contract. The insurance must provide coverage for the entire contract period. The insurance policy shall state that it cannot be cancelled without 30 days written notice to the Contracting Officer. Failure to secure insurance will be grounds for non-award and termination of the insurance during the performance period of this contract for any reason will be grounds for termination of this contract. The contractor will be in default and the contract terminated if the insurance lapses and is not immediately replaced with equal coverage. (If insurance lapses, work is suspended pending replacement insurance. The delay is not compensable to the contractor).

8.2. Government Liability: The Government assumes no liability from the Contractor's performance of the contract work. The Contractor shall hold and save the Government harmless from any and all liability arising from the performance of the contract.

8.3. Responsibility for Damages: The Contractor is responsible for all damages to persons and property resulting from performance of the contract work.

9. WARRANTY: The Contractor warrants that:

9.1. Should the desired results not be achieved, as described in “2.1 Invasive Treatment Performance Goals”, the contractor will, at no additional cost to the Government, reapply the herbicide to those areas where targeted vegetative growth continues or recurs, during the following summer period. The determination as to the acceptable performance of the contractor and the need to reapply the herbicides will rest solely with each NWR Project Officer, or his authorized representative. A request to retreat an area may be either verbal or in writing.

9.2. The Contractor is responsible for damages to persons or property, including unreasonable or unnecessary damages to non-target vegetation, within and outside the treatment areas resulting from the performance of the contract work. Damage costs as determined by government personnel will be charged in the form of a fine for the cost of rehabilitation or replacement of the affected resources. Other penalties may be assessed based on local, State, or Federal laws.

10. INSPECTIONS AND ACCEPTANCE

10.1. Work will be inspected periodically for conformance with these specifications for timeliness, safety and results achieved.

11. DETAILED SCOPE OF WORK/ TREATMENT AREAS

The focus is on treating mountain laurel understory monocultures to promote pitch pine and oak regeneration and encourage a more diverse herbaceous understory.

See figures below for treatment areas.

Figure 1. Lewis Tract of Ninigret National Wildlife Refuge (41.394276, -71.649419).

Figure 2. Mountain laurel treatment area with 5-foot contours at Ninigret National Wildlife Refuge (41.393463, -71.654835).

Figure 3. Example of 2–4-foot mountain laurel regrowth during the second growing season following mastication.