UPDATED_Performance_Work_Statement_0001.pdf

Big Bend National Park P.O. Box 129

Big Bend National Park, Texas 79834

Trespass Livestock Low Stress Removal Services

Performance Work Statement

1.0 General:

The National Park Service is seeking low-stress trespass livestock (including cattle, horses, burros, and goats) round up services at Big Bend National Park (herein referred to as the “park”) in western Texas.

Fixed wing aerial surveys of the Rio Grande River corridor in Big Bend National Park have averaged 429 trespass livestock counted over the past 4 years (2021-2025). The most recent survey, completed in January 2025, had a total count of 815 animals (555 cows, 230 horses, 25 goats and 5 burros).

The livestock are loose within the park boundary, and contractor tasks would include gathering trespass livestock and confining gathered livestock in temporary corrals. Contractor would have to transport them to the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) processing center, currently in Presidio, Texas, at no additional cost to the government.

The contractor would be responsible for care of the livestock until they are turned over to APHIS. For the terms of this contract, livestock will be considered to have been captured and removed from the park when they enter APHIS custody.

The park covers more than 801,000 acres of south Brewster County in southwest Texas. Since the park was established in 1935, domestic horses, burros, goats and cattle have entered the park from neighboring lands in Mexico and the US and have damaged park resources. US law, specifically Title 36 Code of Federal Regulations (CFR) Part 2, Section 2.60, makes it illegal for livestock to be herded, driven across, pastured on, allowed on, or to run-at-large on park lands. There are exceptions to this requirement, but none apply to the trespass livestock in Big Bend National Park. The primary sources of livestock that enter the park are ejidos, which are unfenced community lands in Mexico. Some are from larger private Mexican ranches. Trespass livestock are domestic, not wild, animals; owners are Mexican farmers and ranchers. Most trespass livestock that wander or are herded into the park have indicators of their domestic status, including but not limited to brands, ear-tags, collars, horseshoes, and occasionally bells. The park's 118-mile-long boundary with the Rio Grande is not fenced because periodic flooding would damage or destroy fencing and create hazards to river navigation and would block wildlife access to drinking water.

The park is seeking a contractor to perform low-stress livestock handling. Low-stress livestock handling is described as an animal-centered, behaviorally-correct, psychologically-oriented, ethical and humane method of working animals that is based on mutual communication and understanding, not coercion.

Low-stress livestock handling is efficient, cost-effective, humane, ethical, congruent with the image and philosophy of the National Park Service, and aptly suited to deal with trespass livestock in the park.

Electric cattle prods will not be allowed in the park. Furthermore, low-stress livestock handling methods render electric cattle prods unnecessary.

The Animal Health Protection Act (AHPA) requires any livestock entering the US to do so at approved ports of entry and meet health and disease certification requirements. The USDA is responsible for management and disposition of livestock that enter via non-compliant means or locations from Mexico.

Any animals captured in the park need to be transported to the nearest USDA-APHIS quarantine and holding facility as soon as possible. The USDA facility serving the park area is near the US/Mexico Port of Entry in Presidio, Texas, which is located approximately 90 road miles from park headquarters. In keeping with AHPA, all animals turned over to the USDA would be quarantined and given health and disease checks and veterinary care.

2.0 Purpose:

It is the intent of the Government to award one firm fixed-price contract to a single qualified and responsible contractor to provide low-stress trespass livestock removal round up services. The purpose of this requirement is to uphold the mission requirements of the National Park Service, specifically to preserve unimpaired the natural and cultural resources and values of the National Park System for the enjoyment, education, and inspiration of this and future generations. Trespass livestock create unacceptable damage to Park natural and cultural resources, and negatively impact visitor experiences.

They damage vegetation by grazing and trampling; cause soil erosion through hoof disturbance, trail creation and wallowing; contaminate and degrade water sources through trampling and feces; threaten cultural resources through trampling and rubbing on historic structures; and impact the visitor experience through littering campsites and roadways with feces, and through threatening behavior which impedes visitors from entering campsites or utilizing trails. Aerial surveys suggest as many as 500 head, and often more within the park at any given time. Water quality is a serious concern for backcountry visitors and river users alike, and aggressive livestock are a hazard on roads, trails, river access points and campsites.

3.0 Location:

Big Bend National Park 1 Alsate Drive Big Bend National Park, Texas 79834

General Location Map

4.0 Period of Performance & Payment Structure:

The period of performance for this requirement is: 09/01/2025 – 04/30/2026.

Payment will be made per head of livestock captured and removed subject to available funding.

Contractor selected for award will work with Park to determine maximum number of animals to be rounded up based on contractors per head price and available funding amount. Contractor will ensure this maximum number of animals to be rounded up is not exceeded.

5.0 Hours of Operation:

Low Stress Livestock Round Up Services shall be conducted between the hours of 4:00 a.m. and 10 p.m., Monday thru Thursday.

No work shall take place on the following dates/times:

Labor Day – Monday, September 1, 2025

Columbus Day – Monday, October 13, 2025

Thanksgiving Week – Sunday, November 23, 2025 thru Saturday, November 29, 2025

Christmas Week – Sunday, December 21, 2025 thru Saturday, December 27, 2025

New Years Day – Thursday, January 1, 2026

Spring Break – Friday, March 13, 2026 thru Friday, March 27, 2026

In Instances where certain areas of the park are closed due to local or national emergencies, administrative closings, or similar Government-directed closings, no services shall be rendered in the https://www.nps.gov/bibe/planyourvisit/upload/Big-Bend-National-Park-Brochure-Map.jpg https://www.nps.gov/bibe/planyourvisit/upload/Big-Bend-area-map.jpg closure areas. Work outside of the day and time specified shall only occur with written approval from the Government Point of Contact (POC) at no additional cost to the Government.

6.0 Tasks:

The Contractor Shall:

6.0.1 Provide all labor, supervision, materials, tools, supplies (including hay/food), transportation, trailers, animals, tack, license, certificates, permits, personal protection equipment, signs, and equipment incidental to and necessary to perform services to round up, herd, corral, and notify park staff when trespass livestock are secured and transported to the USDA-APHIS facility. The contractor will immediately notify Park POC via email of animals secured at the park as well as the successful transport of animals to the USDA-APHIS facility, to allow verification by the park service of types/number of animals received at USDA-APHIS facility. The contractor is also required to notify the Park POC a minimum of one (1) week prior to conducting any round up services. This is to allow the park sufficient time to inform USDA-APHIS and to notify Border Patrol and/or Park Law Enforcement so that they can be available to support contractor operations as needed. This notification will include the following information: the number of contractors, the number of contractors that will be on horseback, the number of vehicles, and locations of where planned trespass livestock operations will be.

6.0.2 Coordinate and schedule all services with the POC prior to commencement of weekly services.

Services must be scheduled a minimum of one (1) week in advance so that proper access to areas can be provided, if needed. It is imperative that the contractor work with the POC to create, update, and maintain an accurate service schedule.

6.0.3 Execute all round up services only during the window of operating hours specified in Section 5.0 and in compliance with the contractor’s written Operations Plan, Quality Control Plan, and Safety Plan identified in Section 9.0.1 and Section 12.0. All horses used in this requirement shall, at a minimum of twenty-four hours before entering the park and while on park property, be fed only weed-free certified hay or pellets. The contractor is responsible for providing all feed for its horses.

6.0.4 A minimum of two livestock handlers shall work together during round up services.

6.0.5 The contractor shall not use drones, helicopters, sedation, lethal techniques, or all-terrain vehicles for any reason under this contract. Off road vehicle travel is prohibited.

6.0.6 The contractor is prohibited from utilizing All-Terrain Vehicles (ATV)s on National Park Service lands. ATV is defined as: A motorized off-highway vehicle (OHV) traveling on four or more low-pressure tires, having a seat to be straddled by the operator and a handlebar for steering control. Use of Utility Terrain Vehicles (UTVs) are permitted. UTV (also called a side-by-side) is defined as: A motorized OHV having four or more low pressure tires, designed with side-by-side seats, seatbelts, steering wheel, and optional cab, brush cage, or rollover protection structure (ROPS). However, off road vehicle travel is prohibited, so UTVs may only be used on public roads.

6.0.7 The contractor shall not assist owners of trespass livestock with rounding up trespass livestock nor deviate from rounding up the livestock and securing them in a corral. If any encounter with an owner of trespass livestock occurs, the contractor shall notify the Park POC immediately. The Park POC will assume responsibility for communicating with the owner of trespass livestock.

Border Patrol and/or Park Law Enforcement will support contractor operations as needed.

6.0.8 The contractor shall use humane and low stress livestock management techniques. Examples of low-stress handling are available at: Low Stress Cattle Handling | VCE Publications | Virginia Tech (vt.edu) or by performing an internet search for “low stress cattle handling” or similar. Use of hotshots / electric prods is prohibited.

6.0.9 Cell phone service is spotty within the park; therefore, contractors shall factor in their own communications equipment that will meet the communication needs of the park.

6.0.10 The contractor shall be responsible to deliver the captured livestock to the nearest USDA-APHIS quarantine and holding facility as soon as possible, currently in Presidio, Texas.

6.012 Within 30 days of contract award, trespass livestock removal operations shall start on the ground in the park.

The Contractor may:

6.0.13 Use herding dog(s) to accomplish the task sufficiently and effectively. The dog(s) used shall be specifically trained to herd livestock. A dog that is not trained to herd livestock is considered a pet and is not permitted on park property.

6.0.14 Use baited corral traps to use to catch livestock with low stress methods.

7.0 Additional Contractor Requirements:

The contractor shall be responsible for:

7.0.1 Developing a written Safety Plan that will be submitted, reviewed, and approved by the Government. Bear in mind that some activities may take place in public areas, such as campgrounds and picnic areas.

7.0.2 Ensuring that proper safety and health precautions are in place to protect the work, the workers, the public, and the property of others at all times in performance of this contract.

7.0.3 Removing any trash or waste generated by the contractor. All trash and waste shall be removed from the park after services are rendered and disposed of in accordance with all local, state, and federal laws and regulations. Proper food and garbage storage procedures must be followed to prevent access by bears and other wildlife.

7.0.4 Providing via email to the park POC a written report at the conclusion of each day’s roundup session. That report shall indicate the number of trespass livestock and type (example cow, horse, burro) captured, GPS coordinates of the location the trespass livestock were found and the temporary corral or pen that was used, and details (location, number, and type of animal) related to any livestock that were located but could not be rounded up, herded, and corralled. See attached Daily Report form.

7.0.5 Any damages caused by the contractor during services to existing vegetation or Government property or injuries or deaths of trespass livestock shall be reported in writing to the park POC within 24 hours of occurrence. The written report shall document a minimum of time and date of occurrence, type of loss or damage, names and phone numbers of individuals involved, impact to park operation or assets affected by the incident, and any details leading up to and after the incident. The contractor shall take immediate actions necessary to prevent further damage or harm. The contractor is responsible for the repair or replacement of all damaged Government property caused by his/her operations. The Government understands that riding horses and herding and corralling trespass livestock will result in minor resource damage due to the nature of the services, however damages to vegetation that are outside riding horses, herding, and https://www.pubs.ext.vt.edu/content/pubs_ext_vt_edu/en/APSC/APSC-167/APSC-167.html https://www.pubs.ext.vt.edu/content/pubs_ext_vt_edu/en/APSC/APSC-167/APSC-167.html corralling trespass livestock will be the responsibility of the contractor to remediate at no additional cost to the Government.

7.0.6 The Government, at its sole direction, may elect to repair and/or replace the damaged property.

8.0 Government Furnished Property and Information:

For this requirement the Government will provide:

8.0.1 Recommendations as to the location services may be focused for the day based on staff and visitor sightings and reports.

8.0.2 Superintendent’s Compendium in which the specific rules and policies that govern and that are unique only to the park apply.

8.0.3 The park can provide access to potable water for animals and human consumption by request.

Potable water can be obtained in Panther Junction, Rio Grande Village, and Castolon. Animals are permitted to drink from creeks or other bodies of water. Watering directly from any spring and grazing on plant life while within the park are prohibited.

8.0.4 Responsibility for handling trespass livestock that are seriously injured (unable to walk/move) or perish during round up services. The contractor shall notify the park POC immediately and the Government will address the incident. If needed, euthanasia would be performed by qualified government personnel. The contractor shall include a report of any injury or death of trespass livestock pursuant to Sections 7.0.4 and 7.0.5.

8.0.5 The park will provide approved locations to set up temporary capture pens and corrals that may be used to remove trespass livestock from the park. These locations have been selected and assessed by the park to avoid known sensitive resources. These locations will be provided to the contractor at award. The contractor may propose additional locations for the park to review for approval. As practicable, proposed locations will be reviewed by the park botanist, wildlife biologist and cultural resource specialist using mitigation measures and other resource protection measures as outlined in Appendix A of Trespass Livestock Management Plan, Environmental Assessment (EA), and Finding of No Significant Impact (FONSI). The park may also offer the use of a specific park-owned corral for temporary (no more than 24 hours) use at the discretion of the park. The contractor would be responsible for feeding and watering the animals during this time.

9.0 Required Written Plans:

9.0.1 Operations Plan – A preliminary Operations Plan shall be submitted with the contractor’s quote.

This plan shall include a chronological outline, which lays out the step-by-step process that the contractor shall follow each day of how handling, herding, and securing trespass livestock services are rendered. It shall start with the preparations the contractor will take to meet the requirement prior to the day of service and arrival at the park and end with the contractor’s exit from the park. THIS PLAN MUST BE DETAILED. This plan should address humane and low stress livestock management techniques that the contractor intends to follow. This plan may be fine-tuned with input from the park at a kick-off meeting shortly after award and shall be resubmitted to the Government for review and acceptance as needed.

9.0.2 Safety Plan – Refer Sections 7.0.1 and 12.0.

9.0.3 Quality Control Plan – Refer to Sections 6.0.3 and 12.0.

10.0 Contractor Employee Conduct:

https://www.nps.gov/bibe/learn/management/superintendents-compendium.htm

10.0.1 Professionalism: The contractor’s employees (including subcontractors, if used) shall, at all times while on the job site, whether on or off duty, conduct themselves in a professional, orderly, and safe manner. Rudeness, fighting, being under the influence of alcohol and/or drugs or bringing and/or consuming alcohol and/or drugs, gambling, soliciting, stealing, and any immoral or otherwise undesirable conduct shall not be permitted on the job site and shall result in immediate and permanent removal from the job site of any employee engaging in such conduct.

10.0.2 A contractor’s employees shall be subject to removal from the premises upon determination by the Contracting Officer that such action is in the best interests of the Government. Such removal from the job site or dismissal from the premises shall not relieve the contractor of the requirement to provide sufficient personnel to perform the service as specified.

10.0.3 All areas used by the contractor within park boundaries shall be kept neat and organized. All equipment, including horses and dogs, must be properly maintained and secured. The contractor shall not leave any tools, parts, and/or supplies unattended at any time while performing services, except at approved staging areas. Unattended material is vulnerable to theft.

10.0.4 Contractor employees shall not loiter in any working or public area. Upon completion of their assigned work, employees shall promptly depart from the public areas.

10.0.5 The contractor shall permit park staff to accompany contractor employees during the performance of services at any time during this requirement at the direction of the park POC.

The contractor will not be responsible for providing transportation for said park staff.

10.0.6 Photographs, social media posts, online content, or any form of communication is strictly prohibited regarding all aspects of this requirement unless authorized in writing by the park

POC.

10.0.7 All inquiries from the public or press shall be immediately directed to the park POC who will then direct it to the Public Information Officer who will facilitate the park’s response.

12.0 Definitions:

Contracting Officer (CO): The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

Contracting Officer's Representative (COR): The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the Contracting Officer’s Representatives will be defined in a letter of designation issued by the Contracting Officer that will be provided to the contractor.

Performance Work Statement (PWS): Government’s description and expectations of the services that shall be performed.

Additional Points-of-Contact (POC’s): Additional park POC’s may be used as needed and will be designated by the CO/COR.

Quality Control (QC): Actions taken by a contractor to carry out a written Quality Control Plan to ensure the performance of contracted services meet the PWS requirements.

Quality Control Plan: A written document created by the contractor outlining the specific actions the contractor will take to ensure the performance of contracted services meet the requirements contained within the PWS.

Trespass Livestock: Livestock, including cattle, horses, and burros, that enter the park, usually from across the international boundary, but sometimes from private property adjoining the park.

Safety Plan: A written document that takes into consideration the risk assessment of the requirement and develops reasonable concepts, behaviors, and disciplines to mitigate the assessed risk. It also includes the actions in chronological order the contractor will respond to an emergency with. This will include emergency contact list, the location and route to the nearest hospital or medical facilities, and the NPS emergency dispatch center number 928-608-6301. It shall also list any medical certifications that the onsite contractor staff has specific to first-aid, CPR, EMT, or similar credentials.

Quality Assurance: Actions taken by the Government to assure contracted services meet PWS requirements.

USDA: United States Department of Agriculture, referring to the USDA Animal and Plant Health Inspection Service (APHIS) quarantine and holding facility in Presidio, Texas.

13.0 Personal Service:

The Government has determined that use of an Agreement to satisfy this requirement is in the best interest of the government, economic and other factors considered, and this Contract is not being used to procure personal services prohibited by the Federal Acquisition Regulation (FAR) Part 37.104 titled “Personal Services Contract”.

To counter the circumstances that infer personal services and to preserve the non-personal nature of the Agreement, the contractor shall adhere to the following guidelines in the performance of the Contract:

• Contractor provides for direct supervision of all contract employees assigned to the task.

• Refrain from discussing the issues such as skill levels and hours, salaries, cost and funding data, or administrative and personnel matters affecting contractor employees with the client.

• Ensure close communication/coordination with the CO and park POC, reporting problems to the park POC and CO as they occur.

• Do not permit Government officials to interview potential contractor employees, discuss individual performance, approve leave, or work scheduling of contractor employees, terminate contractor employees, assist contractor employees in doing their jobs or obtain assistance from the contractor in doing Government job.

• Do not assign contractor personnel to work under direct Government supervision.

• Maintain a professional distance from Government employees.

• Provide contractor employees with badges, if appropriate, identifying them as contractors.

• Ensure proper communications with the Government (technical discussion and government surveillance is okay, but the Government cannot tell the contractor how to do the job).

The Government has the right to reject the finished product or result, and this does not constitute personal services.

14.0 Designation of Contracting Officer’s Representative (COR) & Point of Contact (POC):

Contracting Officer: The Contracting Officer (CO) has the overall responsibility for the administration of this contract. Only the CO is authorized to amend or modify the contract.

Contracting Officer's Representative (COR): The COR will be designated in writing at the time of award to assist the CO in the day-to-day on-site administration of the contract requirements. The responsibilities of the COR will be specified in the appointment memo that shall be provided to the contractor.

https://www.aphis.usda.gov/ https://www.aphis.usda.gov/

Additional Points-of-Contact (POC’s): Additional park POC’s may be used as needed and will be designated by the CO/COR.