A.02 Performance Work Statement Falcon based Avian Abatement 2025.pdf

PERFORMANCE WORK STATEMENT

Falconry-Based Avian Abatement The Dalles Lock and Dam

GENERAL STATEMENT

The U.S. Army Corps of Engineers, Portland District (Corps) requires falconry abatement services.

Falconry abatement, per the requirements of this Performance Work Statement, is defined as the commercial application utilizing the skills of falconry to reduce predation on juvenile salmon and protect facilities located in and around The Dalles Lock and Dam, The Dalles, Oregon, with a trained raptor to haze nuisance birds by scaring them with the threat of death by predator. No harm is delivered to the target avian species. The United States Fish and Wildlife Service (USFWS) regulates falconry abatement.

Abatement falconers are permitted to work in any contiguous state.

The Contractor shall be required to provide an Oregon and/or Washington state-issued falconry license and/or wildlife control operator license for small mammal and avian control upon request.

The Contractor shall provide a USFWS-issued SPECIAL PURPOSE- ABATEMENT USING RAPTORS license upon request. A falconer must hold a Master Class Falconer License to achieve an Abatement License. An Apprentice or General Falconer may work as a Sub-Permittee under an Abatement Falconer holding the federally issued license. Apprentices may not work on their own. All raptors used on an abatement contract must be permitted to the Abatement Falconry license holder. Only the license holder may use their own Falconry held birds in Abatement. Sub-Permittees are not permitted to use their own raptors in falconry abatement. Raptors must be captive-bred for legal use in falconry abatement. All captive bred raptors are distinguished by a mandatory gold seamless band on its tarsus.

Form 3-186A: All native species (or hybrid with native species) raptors are required to have a current 3- 186A form entered into the federal database that designates the legal holder and the legal designation (i.e.

falconry, abatement, propagation). If a Sub-Permittee intends to fly his or her captive-bred bird on an abatement contract, that bird must be transferred via 3-186A to the Falconry Abatement Permit holder. The 3-186A should be available for inspection anywhere the raptor is held or worked.

The Contractor shall provide a licensed Master Falconer on a daily basis. All subcontractors must adhere to the same requirements as the prime contractor and fulfill no more than 50% of the service requirements.

Licenses held by subcontractors are not permitted.

The Contractor shall be on site for 60 working days between the dates of 15 April 2025 - 31 July 2025.

Working days may not be contiguous but weekend and evening work will be expected. The priority time frame for services to be performed will be the month of 01-30 May 2025, though scheduled workdays will be dependent on weather, amount of daylight - twilight hours, and bird migration patterns. All dates/hours shall be finalized through the COR. Additional access to project lands from April to July may be allowed for familiarization of the worksite.

DEFINITIONS

Throughout this PWS terms are defined as follows:

Acceptable Quality Level (AQL): Acceptable Quality Level equals the performance standards listed in Section 6.0. The Contractor must re-perform all unsatisfactory work unless excused by the COR.

Contracting Officer (KO): The Government employee who is authorized to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officers Representative (COR): An individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

Contract Discrepancy Report (CDR): A written record of unsatisfactory performance by the Contractor as observed by the COR.

Performance Requirements Summary (PRS): Identifies critical success factors for the contract. It identifies both the performance objectives for those factors and the performance threshold required for each performance objective. The Government reserves the right to survey all services called for in the contract to determine whether or not the performance objectives and goals were met.

Quality Assurance (QA): The Government procedures to verify that Contractor services were performed according to acceptable standards.

Quality Assurance Surveillance Plan (QASP): A systematic method to evaluate the services the Contractor is required to furnish in accordance with the PWS and PRS.

Quality Control (QC): A method implemented by the Contractor to control the quality of goods and services provided.

Quality Control Inspector (QCI): A Contractor’s employee responsible for monitoring and addressing issues with the quality of goods and services provided. (The Falconer may fulfill the role of QCI.)

Quality Control Plan (QCP): A plan developed by the Contractor which includes quality control actions necessary to meet the quality standards set forth by the contract. The plan should follow the PWS. Once approved by the COR, the plan becomes a part of the QASP.

GOVERNMENT WILL FURNISH

USACE will provide secure physical location to build temporary housing facility for the birds and staging area to store equipment. A location for overnight camping will be provided (see Appendix A). A visitor pass will be provided for Contractor staff to move about the project. No powerhouse access is needed.

USACE will provide access to water and waste disposal for the Contractor during established work hours.

USACE will not be liable for any loss or damage to falcons or Contractor equipment. Access into the boat restricted zone via watercraft to retrieve falcons will not be allowed.

3.1 Government will provide access, as needed, to The Dalles Project to recover falconry birds and property of contractor.

CONTRACTOR SHALL FURNISH

The Contractor shall provide all labor, equipment, and materials necessary to perform required services under this contract and comply with all local, state, and federal regulations through the duration of this contract. The Contractor shall furnish all “standard-to-the-industry” equipment, materials, and supplies necessary to perform the work.

4.1 Contractor shall provide the option of providing a radio-controlled boat and remote operators to meet requirements listed under this Performance Work Statement. All applicable facility regulations and policies shall be adhered to.

PROFESSIONAL SERVICES TO BE PROVIDED

The Contractor shall provide all personnel, equipment, tools, materials, supervision, and other items necessary to complete the following tasks. Associated deliverables and schedule are in Section 6.0.

Task 1: Work Plan. Within seven (7) calendar days of contract award, the Contractor shall develop a Work Plan that includes, but is not limited to, the following:

a. Matrix of all Contractor and subcontractor personnel working on this project, their roles and responsibilities, including all review personnel.

b. Contract objectives and a plan on how to meet those objectives. The contractor may use whistles, lures, baits, perches, and starter pistol, to train and control falconry birds.

c. The Contractor shall provide the option of using remote-controlled (RC) boat(s) to provide bird deterrent services. RC boat will be required to reach 1000-feet into high current flows on a repeated basis.

d. The Contractor may use trained work dogs to provide bird deterrent services.

e. All Contractor activities shall comply with existing project policy, safety practices and regulations.

f. Work plan shall include a contract schedule including major milestones. The Contractor shall work alongside project fisheries staff and USDA APHIS hazing contractors to determine most effective schedule. This may be early morning or evening hours, nighttime and on weekends, and/or on alternating days to maximize effectiveness of avian deterrence.

Task 2: Falconry Services. Services shall include the following:

a. The Contractor shall provide falconry abatement during daylight hours to reduce double-crested cormorant, California gull, and ring-billed gull bird numbers in specified count zones for foraging and non-foraging birds. The potential always exists for other bird species to migrate in and be required for removal. Falcons shall be employed around structures and shorelines within the avian count zones at The Dalles Lock and Dam.

The Government will be onsite calculating daily bird count numbers (from 15 April- 15 July) in specified count zones along The Dalles Dam forebay and spillway tailrace.

b. The Contractor shall provide small mammal pest removal services for the following:

otter, ground squirrel, marmot, and/or other small mammal species. Pests shall be removed only upon request.

c. The Contractor shall comply with all Federal, State, and local laws and regulations, to include wildlife laws and regulations such as the Endangered Species Act. Any violation of a Federal, State, or local law or regulation by the Contractor will result in liability to the Contractor and not the Government.

d. The Contractor shall perform daily tracking of abatement flights with GPS and submit a graphic record of falconry flights daily to the COR.

e. The Contractor shall provide a summary of data collected to the COR upon completion of the contract.

f. The Contractor shall remove all materials brought onto the project upon completion of contract.

g. The Government will provide a Contracting Officer’s Representative (COR) to monitor the contractor’s activities.

h. The Government will be performing daily gull/cormorant counts in zones according to standard methods.

SCHEDULE & PERFORMANCE REQUIREMENTS STANDARDS

EVENT CALENDAR DAYS AFTER

RECEIPT OF NTP

Contract Award 0 Task 1. Work Plan Award + 7

Task 2. Falconry Services

To ensure that the Government receives the services for which it contracted, the Government will only pay for services received. The Performance Requirements Summary (PRS) determines if the Contractor meets the performance standards of the contract, as well as provides guidelines for how and when surveillance will be performed. It ensures timeliness, effectiveness and that the Contractor is delivering the results specified in the contract. Government contract quality assurance will be performed per the PRS surveillance schedule.

Performance Requirements Summary Table. These are the criteria against which the performance will be evaluated. Work shall be considered not to have been performed when any one of the following conditions exists in accordance with the Quality Assurance Surveillance Plan (QASP).

PERFORMANCE REQUIREMENTS SUMMARY

Required Services (Tasks)

Performance Standards Acceptable Quality

Levels Surveillance

Reduce bird count numbers

(5.2)

Reduce gull/cormorant bird count numbers

A reduction in the Government’s daily bird counts

The Dalles fisheries and USDA staff will be performing daily bird counts throughout contract period of performance

Small mammal pest removal

(5.2)

Perform small mammal pest removal as requested

Pest(s) removed as requested

COR to submit request/periodic inspection

Deliverables:

DELIVERABLES

Deliverable Schedule POC Quantity

Oregon and/or Washington state permit/wildlife control operator license for avian control (1.0)

As requested Contracting Officer/COR

As requested

USFWS issued license (1.0) As requested Contracting Officer/COR

As requested

Form 3-186A As requested COR As requested

Work Plan (5.1) Within seven (7) days of award. COR 1 per contract

Daily graphic record of falconry flights (5.2)

Daily COR Daily, per Period of

Performance

Summary of data collected (5.2) Upon completion of contract COR 1 per contract

Surveillance. 100% inspections by the COR will serve as the surveillance methods. If the COR discovers deficiencies and/or receives complaints, the COR will alert them to the Contractor for correction.

Unacceptable Performance. When performance is determined unacceptable, as defined in the Performance Requirements Summary, the COR will inform the Contractor that performance is unacceptable and provide written documentation by use of the Form DD 2772, Contract Discrepancy Report. By initialing and dating the form, the Contractor is only acknowledging notification of unacceptable performance. Disputes in surveillance should be referred to the Contracting Officer.

The COR will notify the Contracting Officer of unacceptable performance. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defect(s) in services cannot be corrected by re-performance, the Government may:

a. Require the Contractor to take necessary action to ensure future performance conforms to contract requirements.

b. Reduce the contract price to reflect the reduced value of the services performed.

c. If the Contractor fails to promptly re-perform the services, or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may:

i. By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service.

ii. Issue Cure Notice.

iii. Terminate the contract for Government convenience; and / or

iv. Terminate the contract for Cause.

Correction of Non-Performance of Work. Contractor shall employ an adequate quantity of personnel to ensure that any area found to be not in compliance and therefore not acceptable, shall be made acceptable by the performance or re-performance of the work, where such re-performance is possible, during the first business day after noncompliance has been observed by or reported to and verified by the COR.

Damages Caused by the Contractor. Contractor shall be held accountable and liable to the Government for any damages to government facilities, fixtures, furnishings, equipment, or grounds caused by the Contractors or their employees.

Interference with Government Operations. Contractor and their employees shall perform all work in such a way as to not interfere with regularly scheduled Government operational activities.

SECURITY, SAFETY & ENVIRONMENTAL REQUIREMENTS

AT Level I Training. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the Contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

https://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum

Access and General Protection/Security Policy and Procedures. All Contractor and all associated

Subcontractor employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures (to be provided by a Government representative). The Contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office.

Contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in Contractor security matters or processes.

a. All contract employees, including Subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

Safety Regulations and Guidelines. The Contractor shall comply with EM 385-1-1 (Safety and Health Requirements), including interim changes, in effect on the date of solicitation. EM 385-1- 1 and its changes are available at http://www.usace.armymil/CESO/Pages/Home.aspx. EM 385- 1-1 states, “Contractors shall comply with the latest version of EM 385-1-1 (including interim changes) that are in effect on the date of solicitation.”

Travel. The Contractor shall be responsible to provide transportation necessary for Contractor employees to perform all tasks outlined in this Performance Work Statement.

Codes and Standards. Work under this purchase order shall comply with the latest codes, standards, and regulations applicable to the work requested including Corps Engineering Regulations and Manuals, and Industry.

Workflow Management. The Contractor shall provide product management and coordination for work tasks during production of the report. The Contractor shall assign a project manager (PM) to act as a primary point of contact (POC). The PM shall be responsible for the coordination of work developed under this Contract. The Contractor shall be responsible for the professional and technical competence of the personnel it assigns to perform work under this contract and will select individuals who will be able to perform the obligations under the contract. Changes to personnel assigned to this contract shall not occur without prior notification to the COR, in writing (email correspondence is acceptable). Replacement of personnel shall be carried out as quickly as possible and in a manner that will not adversely affect the performance obligations under the contract.

GENERAL

Contract Changes. Only the Contracting Officer can only authorize changes in scope, time, or deliverables. The Contractor shall notify the Contracting Officer immediately if they have received direction to perform work outside the scope of the contract. Changes in scope will be negotiated and a written modification issued, before proceeding with the work.

Points of Contact.

Invoicing POC: Heather Pyles, (541) 506-8532, heather.l.pyles@usace.army.mil USACE Finance Center: CEFC-G2invoices@usace.army.mil

Invoice Submittals. The Contractor shall prepare invoice(s) in accordance with FAR clause 52.212-4(g) and submit them electronically via email to the Invoice POC above, PM, and the USACE Finance Center: CEFC-G2invoices@usace.army.mil.

Please ensure the firm’s name and address shown on the invoice mirror’s the information in the System for Award Management (SAM) located at https://sam.gov/. In addition, ensure the invoice has a period of performance (e.g., 2 Jan 18 to 06 Jun 18). Ensure that the period of performance does not fall after the date the invoice is signed. The project manager shall sign all invoices. Any errors identified on the invoice will be cause for rejection. The Invoices POC can assist with the preparation of your invoice. For Invoice receipt verification or for a vendor's Payment problem, the vendor may contact the USACE Finance Center at Phone Number (901) 873-9077.

Final Invoice. The Contractor shall mark the last invoice as “Final.”

Release of Information. Reports and information generated under this contract become the property of the Government and distribution by the Contractor to any source, at any time, without the written consent of the Contracting Officer is prohibited.

Additional Services. The Contractor shall not perform any services under this purchase order that are considered by the Contractor to be a change in work or services required by this agreement without the written approval of the Contracting Officer.

Use of Information. The information developed, gathered, assembled, and reproduced by the Contractor or its Subcontractors, or their associates, in fulfillment of the purchase order requirements as defined in or related to this performance work statement, will become the complete property of the Government. Therefore, the Contractor shall not use the information for any purposes at any time without the written consent of the Contracting Officer.

Walsh-Healey Public Contracts Act or the McNamara-O'Hara Service Contract Act (SCA).

Every employer performing work covered by the Walsh-Healey Public Contracts Act or the McNamara-O'Hara Service Contract Act (SCA) is required to post a notice of the compensation required (including, for service contracts, any applicable wage determination) in a prominent and accessible location at the worksite where it may be seen by all employees performing on the contract. A copy of the poster is available in two versions at the following DOL website:

http://www.dol.gov/whd/regs/compliance/posters/sca.htm. The rest of the content is subjective to each location’s needs.

Work Scheduling. The Contractor is not required to perform services on the following recognized federal holidays: New Year's Day, Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

COVID-19. The Contractor is required to follow all applicable federal, state, and tribal COVID- 19 policy and guidance when attending meetings at federal, state, or tribal facilities.

FORMS.

Contractor Discrepancy Form: http://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2772.pdf

Appendix A.

Location of overnight camping and to build temporary housing for birds.