A05_PWS_Raptor_TFO_9_1.pdf

PERFORMANCE WORK STATEMENT (PWS)

Raptor Nesting Surveys and Population Productivity Assessment

BLM Taos Field Office Río Grande del Norte National Monument

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide data on raptor nesting activity and population productivity within the area of concern. 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 raptor nesting surveys and productivity monitoring as defined in this Performance Work Statement (PWS), except for those items specified as Government-furnished property and services. The Contractor shall meet the standards in this contract.

1.2 Provisions related to Wildfire Risks: The Contractor will comply with BLM Taos Field Office fire restrictions in effect at the time the surveys are conducted.

1.2.1 Deviations Related to Hazardous Conditions: The Bureau of Land Management may require emergency measures, including the shutdown of equipment or portions of operations in the project area during periods of fire emergency created by hazardous climatic conditions or when Fire Restrictions are implemented. The Contractor may request day-to-day modifications to schedule based upon any pause in performance.

1.2.2 Authorization for Substitution: The Contracting Officer Representative (COR) may, by written notice, authorize substitute measures or equipment or waive specific requirements during periods of low fire danger.

1.3 Objectives: Provide the Bureau of Land Management with raptor data to support land management planning objectives within the Rio Grande del Norte National Monument, including the Rio Grande Gorge, Rio San Antonio Gorge, and Orilla Verde Recreation Area. This information will be used to evaluate the status and trends of raptors and their habitats, support compliance with the Endangered Species Act (ESA) and Migratory Bird Treaty Act (MBTA), and inform conservation, restoration, recreation, grazing, transportation, and wildlife-viewing programs.

1.4 Scope: Conduct field surveys to determine presence/absence at historic nest sites, locate new or previously undocumented nest sites or territories, and monitor active nests to assess reproductive success, productivity, reoccupation rates, diet, and habitat use where feasible.

Document all raptors opportunistically observed or heard during the survey, including migrants.

Geographic coordinates shall be collected using NAD83 datum and reported using ArcGIS-compatible formats.

Period of Performance: The period of performance shall begin upon award and conclude no later than 08/31/2027 unless otherwise amended within Section B of the contract.

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.

1.6.1.1 Safety Plan: The Contractor shall prepare a Safety Plan that addresses specific hazards of the work sites (e.g., gorge rims, steep terrain, falling debris) and identifies personal protective equipment and mitigating measures to increase safety on the worksite. A plan of action for emergency events shall be included.

1.6.1.2 Injuries and Damage: The Contractor, in operations under this contract, shall not do or omit to do anything by which any person or property may be injured or damaged and shall indemnify and save the United States harmless from any claim, demand, action, or damages on account of any personal injury or property damage arising by reason of anything done or omitted to be done by the Contractor, its subcontractors, or their employees.

1.6.1.3 Operations Plan: The Contractor shall submit a plan of operations to the COR for approval at least three weeks prior to starting field work. The plan shall include survey dates, estimated time of completion by project area, and names of field personnel conducting surveys. The COR will respond within five business days of receiving the operation plan with approval or a list of defects. Work must be conducted in a systematic and logical manner as prescribed in the operations plan.

1.6.2 Quality Assurance: The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). The plan defines how performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rates.

Contracting Officer Representative (COR): The COR will be identified by separate letter.

Authorities are limited to those stated in the COR appointment letter and the contract.

Project Inspectors (PI) may be present on the worksite to support the quality assurance tasks of the COR. PIs carry no contractual authority and may not provide technical nor contractual direction to the Contractor.

1.6.3 Recognized Holidays: The Contractor is not required to provide services on the following recognized holidays: New Year’s Day; Martin Luther King Jr.’s Birthday; President’s Day;

Memorial Day; Independence Day; Juneteenth National Independence Day; Labor Day;

Columbus Day; Veteran’s Day; Thanksgiving Day; Christmas Day.

1.6.4 Hours of Operation: The Contractor is responsible for conducting business between 08:00 a.m. and 5:00 p.m. Mountain Time, Monday through Friday, except Federal holidays or when Government facilities are closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons.

The Contractor must always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor should keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: Work will be performed within the Rio Grande del Norte National Monument, including (1) Rio Grande Gorge (approximately 40 miles in length, from the Colorado/New Mexico state line to Orilla Verde Recreation Area), (2) Rio San Antonio Gorge (approximately 5 miles in length; total BLM acres approximately 267), and (3) Orilla Verde Recreation Area (approximately 5 miles in length, including Rio Pueblo de Taos upstream of the confluence with the Rio Grande approximately one mile, and downstream along the Rio Grande to the Village of Pilar).

1.6.6 Type of Contract: The Government will award a firm-fixed-price (FFP) contract for this effort.

1.6.7 Security Requirements: RESERVED

1.6.8 Special Qualifications: The Contractor shall ensure compliance with federal and state permitting requirements (e.g., USFWS Recovery Permits, NMDGF Rehabilitation/Recovery Permits where appropriate) and shall utilize experienced ornithologists trained in raptor identification, nesting behavior, and protocol methods relevant to the Monument and consistent with past surveys. Ongoing surveys shall be conducted by personnel proficient in habitat types used by raptors within the project area.

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 FAR Subpart 42.5. The contracting officer, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review performance.

1.6.10 Contracting Officer Representative (COR): The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to provide technical direction within scope, perform inspections, maintain communications, issue written interpretations of technical requirements, monitor performance, coordinate Government-furnished property, and provide site entry of Contractor personnel. The COR is not authorized to change any terms or conditions of the contract.

1.6.11 Key Personnel: The Contractor shall provide names of key personnel (Contractor Representative, Foreman/Crew Leader, and Crew Members) five days before the beginning of work.

1.6.11.1 Substitutions: The Contractor shall make no substitutions for key personnel without notifying the Contracting Officer within five days of a proposed change and in advance, and shall submit justification for proposed substitutions with comparable qualifications.

The Contractor shall make no diversion of key personnel without the written consent of the Contracting Officer.

The Contract will be modified to reflect any approved changes of key personnel.

The Contractor's contractor representative shall be fully conversant in the English language.

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.

1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, or working in situations where contractor status is not obvious to third parties must identify themselves as contractors to avoid creating the impression that they are Government officials. Documents or reports produced shall be suitably marked as contractor products or disclose contractor participation.

1.6.13 Contractor Travel: Contractor travel shall not be separately priced and must be included in the Contractor’s quotation.

1.6.14 Other Direct Costs: RESERVED

1.6.15 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government.

These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

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 he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.17 Compliance with Local Law: Listing of specific fire precautionary measures herein does not relieve the Contractor from compliance with State Fire Laws covering fire prevention and suppression equipment, applicable to operations under this contract, permit, or license.

Part 2

Definitions & Acronyms

2.1 DEFINITIONS:

2.1.1 CONTRACTOR: A supplier or vendor awarded a contract to provide specific supplies or services to the Government. The term refers to the prime.

2.1.2 CONTRACTING OFFICER: A person with authority to enter, administer, or terminate contracts, and make related determinations and findings on behalf of the Government. 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 if 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 PWS.

2.1.5 DELIVERABLE: Anything that can be physically delivered, including reports and data.

2.1.6 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 people that are listed in the proposal.

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

2.1.8 QUALITY ASSURANCE (QA): Government procedures to verify Contractor services meet acceptable standards.

2.1.9 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): Written document specifying methodology for surveillance of Contractor performance.

2.1.10 QUALITY CONTROL (QC): Measures taken by the Contractor to assure product or service quality meets contract requirements.

2.1.11 SUBCONTRACTOR: One that enters a contract with a prime Contractor. The Government does not have a contract with the Subcontractor.

2.1.12 WORKDAY: The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13 WORK WEEK: Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

ACOR – Alternate Contracting Officer’s Representative BLM – Bureau of Land Management CFR – Code of Federal Regulations CO – Contracting Officer CONUS – Continental United States (excludes Alaska and Hawaii) COR – Contracting Officer Representative COTR – Contracting Officer’s Technical Representative COTS – Commercial-Off-the-Shelf DIAR – Department of the Interior Acquisition Regulation DOI – Department of the Interior FAR – Federal Acquisition Regulation HIPAA – Health Insurance Portability and Accountability Act of 1996 OCI – Organizational Conflict of Interest OCONUS – Outside Continental United States (includes Alaska and Hawaii) 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

3.1 Services: RESERVED

3.2 Facilities: RESERVED

3.3 Utilities: RESERVED

3.4 Equipment: RESERVED

3.5 Materials: The Government will provide GIS data to support the Contractor’s planning efforts, Wildlife Survey Protocols, and known historic nest site locations (approximately 75).

Part 4

Contractor Furnished Items and Services

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.

Part 5 Specific Tasks

5.1 Basic Services: The Contractor shall complete raptor nesting surveys and population productivity assessments within the Rio Grande del Norte National Monument at the following areas: (1) Rio Grande Gorge; (2) Rio San Antonio Gorge; and (3) Orilla Verde Recreation Area.

Surveys include presence/absence at historic nest sites and identification of new or previously undocumented nest sites or territories. Active nests will be monitored to determine reproductive success and productivity, reoccupation rates, diet, and habitat use, as feasible.

5.2 Data Deliverables:

5.2.1 Periodic updates, no less than monthly, including species sighted, unique identifier for each location, quadrangle map name, coordinates (UTM with NAD83 datum), cliff aspect, nest status, number of nestlings/fledglings, and description of activity.

5.2.2 Raptor nest field survey forms delivered by October 1 of the respective surveyed year

(RSY).

5.2.3 One final report for raptor nesting delivered by December 31 of the RSY, including complete species lists and documentation of special-status species (federally listed, BLM Sensitive, New Mexico T/E). Copies of survey forms with raw data and current USFWS or NMDGF permits shall be included.

5.2.4 One USB drive delivered by December 31 of the RSY containing photographs, electronic copies of final reports (.doc and .pdf), and ArcMap-compatible shapefiles (points, lines, polygons) of biological data. Use of North American Datum 1983 Geographic Coordinate System is preferred for electronic GIS data submissions.

5.3 Format: All GIS data shall be provided as ArcGIS-compatible shapefiles using NAD83 datum (Geographic Coordinate System preferred). Coordinates collected in the field shall be recorded using NAD83 with UTM coordinates plotted on USGS quadrangle maps.

5.4 Performance Methodology: Surveys shall be conducted during the raptor breeding season (generally January through July, species-dependent). Presence/absence surveys shall be completed at historic nest sites with follow-up visits where necessary to assess nest success and productivity. Surveyors shall collect data from established vantage points and along accessible roads and rims, recording observations across gorge cliff faces. All raptors opportunistically observed or heard shall be documented.

5.5 Status Reports: The Contractor shall provide monthly status updates to the COR and notify the COR of any special situations or problems encountered. Prior to starting work in an area, the Contractor will contact the COR. In the event of extreme weather, the Contracting Officer will determine the best course of action based on comments from both the Contractor and COR.

Part 6

Applicable Publications (Current Editions)

Fuller, M.R. and J.A. Mosher. 1987. Raptor Survey Techniques. In B.A.G. Pendleton (B.A.

Millsap, K.W. Cline, and D.M. Bird, eds.). Raptor Management Techniques Manual. National Wildlife Federation Scientific and Technical Series No. 10. 420 pp.

Call, M.W. 1978. Nesting Habits and Surveying Techniques for Common Western Raptors. U.S.

Department of the Interior, Bureau of Land Management Technical Note No. 316. 115 pp.

Suter, G.W. and J.L. Jones. 1981. Criteria for Golden Eagle, Ferruginous Hawk, and Prairie Falcon nest site protection. Raptor Research 15:12–18.

Fyfe, R.W. and R.R. Olendorff. 1976. Minimizing the dangers of nesting studies to raptors and other sensitive species. Canadian Wildlife Service Occasional Paper No. 23. 17 pp.

British Columbia Ministry of Sustainable Resource Management. 2001. Inventory Methods for Raptors – Standards for Components of British Columbia’s Biodiversity No. 11. Prepared by Environment Inventory Branch for the Terrestrial Ecosystems Task Force, Resources Inventory Committee.

The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures, including MBTA, ESA, Executive Order 13186, BLM Manual 6840, BLM IM 2008-050, and the Memorandum of Understanding between BLM and USFWS (2010).

Part 7

Attachment/Technical Exhibit Listing

Technical Exhibit 1 – Performance Requirements Summary

Technical Exhibit 2 – Deliverables Schedule

Technical Exhibit 3 – Survey Protocol Overview

Technical Exhibit 4 – Data Schema and Reporting Requirements

Technical Exhibit 1 – Performance Requirements Summary Performance Objective

PWS Reference Performance Standard

Threshold Surveillance Method

Submit names of key personnel 5 days before work begins

1.6.11 Written

notification provided within timeline

100% compliance

Direct observation / document review

Monthly status updates provided

5.5 Status reports

provided monthly

96% compliance COR monitoring / customer feedback

Deliver field survey forms by Oct 1 (RSY)

5.2.2 Submission

within required timeframe

100% compliance

Direct observation

Deliver final report by Dec 31

(RSY)

5.2.3 Submission

within required timeframe

100% compliance

Direct observation

Deliver photos and GIS shapefiles by Dec 31 (RSY)

5.2.4 ArcGIS-

compatible format; NAD83 GCS preferred

100% compliance

File review

Data completeness for required fields

TE4 All mandatory fields completed

100% compliance

Random sampling; direct review

Technical Exhibit 2 - Deliverables Schedule

Deliverable Frequency # of Copies Medium/Format Submit To Periodic status updates with required attributes

Monthly One Email Contracting Officer’s Representative & Point of Contact

Field survey forms By Oct 1

(RSY)

One Email Contracting Officer’s Representative & Point of Contact

Final report By Dec 31

(RSY)

One .doc and .pdf Contracting Officer’s Representative & Point of Contact

Photographs By Dec 31

(RSY)

One CD or USB Contracting Officer’s Representative & Point of Contact

GIS shapefiles (points/lines/polygons)

By Dec 31

(RSY)

One ArcGIS-compatible shapefiles;

NAD83 GCS

preferred

Contracting Officer’s Representative & Point of Contact

Technical Exhibit 3 – Survey Protocol Overview General raptor nesting survey methodologies shall follow established literature and agency guidance cited in Part 6. Surveys shall be conducted during species-appropriate nesting periods (generally January–July). Surveyors shall minimize disturbance, use appropriate vantage points, and document observations thoroughly. Follow-up visits shall be conducted to confirm nest status and productivity where necessary.

Technical Exhibit 4 – Data Schema and Reporting Requirements At a minimum, periodic updates and final datasets shall include the following fields for each observation/location:

• Unique location identifier (ID)

• Quadrangle map name

• Coordinates (UTM; NAD83 datum)

• Cliff aspect (where applicable)

• Species (scientific/common name)

• Nest status (e.g., active, occupied, confirmed breeding, status unknown)

• Number of nestlings/fledglings and age class (if observable)

• Description of activity (e.g., nesting, flying, perching)

• Date/time of observation

• Observer(s) and qualifications

• Photographic references (ID, bearing)

• Notes/Comments