A02 - PWS.docx

Performance Work Statement Canada Goose Management at Adelphi Laboratory Center

TITLE: Performance Work Statement (PWS) for U.S. Army Garrison Adelphi Laboratory Center (ALC) Canada Goose Management Section 1. General:

1.1 Descriptions of Services/Introduction: The purpose of this effort is to provide Canada goose management at ALC. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Canada goose management as defined in this Performance Work Statement (PWS), Section 5, except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Background: ALC is home to anywhere from five (5) to ten (10) pairs of Canada geese that return each year to nest on ALC’s installation. Each year, the Directorate of Public Works (DPW) Environmental Division obtains a U.S. Fish and Wildlife Service (USFWS) Resident Canada Goose Nest and Egg Depredation Permit. This permit allows DPW to oil goose eggs to prevent the population from increasing. This strategy has been effective l, but does not prevent the health hazards associated with geese droppings left on the sidewalks. Furthermore, the egg oiling program does not prevent the safety hazards that are created when installation personnel come into contact with aggressive geese guarding their nest. In 2017, DPW treated six (6) nests, 2018 three (3) nests were treated, and in 2019, six (6) nests were treated with two (2) of those nests being reattempted nesting areas. Generally, on the ALC site most geese nest in the area surrounding the main complex of buildings.

ALC is located in Adelphi, Maryland. The site straddles the border between two (2) Maryland jurisdictions, Prince George’s and Montgomery Counties. Of the total 207 acre area, 84 acres are within Montgomery County and 123 acres are within Prince George’s County. ALC is approximately six (6) miles from Washington, District of Columbia. The installation is located within one (1) mile of the Capital Beltway (Interstate 495) and Interstate 95 (I-95). ALC lies in the Anacostia River drainage basin which is a tributary of the Potomac River. It is bordered by residential areas on the east and south and by the General Service Administration’s Federal Center on the north and west. ALC consists of four (4) main building areas with parking lots, forested lands and two stream corridors, Paint Branch and Hillandale Tributary. The ALC is home to the Headquarters for the Army Research Laboratory (ARL). ARL provides America's Soldiers a technological edge through scientific research, technology development, and analysis (U.S. Army, 2004). The mission of ARL is to provide the underpinning science, technology, and analysis that enable full-spectrum operations.

1.3 Objectives: During the performance of this contract, the Contractor shall be responsible for providing all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide Canada goose management at ALC. The objectives of this project are to provide Canada goose management support activities on ALC site.

1.4 Scope: This is a non-personnel services contract to provide Canada goose management support at ALC.

1.5 Period of Performance: The period of performance of the base year of this contract is eight (8) months from date of contract award and four (4) option years if funding is available.

1.6 General Information:

1.6.1 Federal Observed Holidays: New Year’s Day, Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day Monday, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

1.6.2 Hours of Operation: The Contractor is responsible for providing services Monday through Sunday, as needed, except during local or national emergencies, administrative closings, or similar Government directed facility closings.

1.6.3 Place of Performance: The work to be performed under this contract will be performed at ALC.

1.6.4 Security Requirements: Contractor personnel performing under this Performance Work Statement on the ALC premises must be citizens of the United States, either native-born or naturalized. No foreign nationals shall be permitted on ALC. Cases of dual or multiple citizenships will be reviewed by security personnel. Contractor personnel performing work under this contract must be able to obtain a National Agency Check with Inquiries (NACI) clearance prior to commencement of work under this contract, and must be able to maintain a NACI clearance during the performance of the contract. The Contractor must pass the National Crime Information Center (NCIC) Interstate Identification Index (III) background investigation to gain access on the installation. All NACI and NCIC III investigations will be performed at the Government’s expense. The Contractor shall submit in a timely manner the ALC Site Access Form for gaining access to ALC. The Contractor shall check in and out with the COR via telephone.

1.6.5 Access and General Protection/Security Policy and Procedures: Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the 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 individual facility or installation change, the Government may require changes in Contractor security matters or processes.

1.6.6 Installation Access and Control: The installation is a closed post with access restrictions. All vehicles and personnel are subject to search and seizure of contraband and/or unauthorized Government property. Contractor vehicles (Contractor-owned and personal), Contractor personnel, and their personal property shall be subject to inspections and searches upon entering or leaving the installation. The Contractor may be subject to installation closure exercises that may have an impact on performance. Contractor personnel must have government issued photo identification (such as a driver’s license) to access the installation.

1.6.7 Post Award Conference/Periodic Progress Meetings: The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer (KO), Contracting Officer Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.7.1 The first post-award meeting shall be conducted within the first fifteen (15) days of contract award to achieve a clear and mutual understanding of all contract requirements.

1.6.8 Key Personnel: The Contractor shall provide a Contract Manager who is considered key personnel by the Government for the performance of the contract. The Contract Manager 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 Contract Manager is absent, shall be designated in writing to the KO. 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. The Contract Manager or alternate shall be available between 0700 and 1530 Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons.

1.6.8.1 Key Personnel Requirements: The Contractor shall have fully trained working border collies and personnel trained to handle them. The Contractor shall have personnel trained in goose management including egg oiling and nest removal. The Contractor shall be listed on the ALC USFWS Resident Canada Goose Nest and Egg Depredation Permit since the landowner must hold the permit.

1.6.9 Safety Program: The Contractor shall take all precautions in the performance of work under this contract to protect the safety and health of the Contractor's employees and animals, to protect the safety and health of all persons on the installation, and to prevent damage to property and equipment. The Contractor shall provide proof of insurance prior to the start of the project.

1.6.10 Contractor Manpower Reporting (CMR): The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor shall completely fill in all the information in the format using the following web address https://Contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each Government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

Section 2. Definitions and Acronyms:

2.1 Definitions:

2.1.1 Cannibalize. Remove parts from Government property for use or for installation on other Government property.

2.1.2 Contractor. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.3 Contractor Acquired Property. Property acquired, fabricated, or otherwise provided by the Contractor for performing a contract and to which the Government has title.

2.1.4 Contracting Officer (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.5 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 as long as 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.

2.1.6 Defective Service. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.7 Deliverable. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.8 Equipment A tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.

2.1.9 Government Furnished Property. Property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

2.1.10 Government Property. All property owned or leased by the Government. Government property includes both Government-furnished property and contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

2.1.11. 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 persons that are listed in the proposal. The prime Contractor is responsible for performance of all subcontractors.

2.1.12 Loss of Government Property. Unintended, unforeseen or accidental loss, damage, or destruction of Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include occurrences such as purposeful destructive testing, obsolescence, normal wear and tear, or manufacturing defects. Loss of Government property includes, but is not limited to:—

(1) Items that cannot be found after a reasonable search;

(2) Theft:

(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or

(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.

2.1.13 Material. Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling, and special test equipment or real property.

2.1.14 Non-Personal Services. The contractor, as an independent contractor and not as an agent of the Government, shall provide the necessary resources (except those furnished by the Government) to accomplish tasks of the type set forth in the Performance Work Statement.

Contractor employees performing services under this contract shall be controlled, directed and supervised at all times by management personnel of the contractor. The contractor's management shall ensure that employees properly comply with the performance standards outlined in this Performance Work Statement and as required by the contracting officer or the contracting officer's representative (COR). Contractor employees shall perform independent of and without the supervision of any Government official. Actions of contractor employees may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the U.S. Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government shall control access to the facility and shall perform the inspection and acceptance of completed work and tasks.

2.1.15. Physical Security. Actions that prevent the loss or damage of Government property.

2.1.16 Property. All tangible property, both real and personal.

2.1.17 Property Administrator. An authorized representative of the KO appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a contractor.

2.1.18 Property Records. Records created and maintained by the Contractor in support of its stewardship responsibilities for the management of Government property.

2.1.19 Provide. To furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.

2.1.20 Quality Assurance. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.21 Quality Control. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.22 Real Property. See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).

2.1.23 Sensitive Property means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals.

2.1.24 Subcontractor. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.25 Unit Acquisition Cost means—

(1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and

(2) For contractor-acquired property, the cost derived from the contractor’s records that reflect consistently applied generally accepted accounting principles.

2.1.26 Wide Area Work Flow (WAWF):A secure web based system for electronic invoicing, receipt, and acceptance. WAWF allows government vendors to submit and track invoices and receipt/acceptance documents over the web and allows government personnel to process those invoices in a real-time, paperless environment.

2.1.27 Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.28 Work Week. Monday through Sunday, unless specified otherwise.

2.2 Acronyms:

Section 3. Government Furnished Property, Equipment and Services:

3.1. Facilities: The Government will provide access to the restroom facilities in Building 103 (DPW) at ALC.

3.2 Data: The Government will provide historical Canada goose nesting data for ALC.

Section 4. Contractor Furnished Items:

4.1 General: The Contractor shall furnish all supplies, equipment, and services required to perform work under this contract that are not listed under Section 3 of this PWS.

5. Contractor Specific Tasks and Responsibilities:

5.1 Canada Goose Site Aversion: The Contractor shall provide a trained Border collie/collies and trained dog handling professional/professionals to deter the Canada geese away from ALC. The Contractor will be responsible for the improved areas of ALC. This includes the areas around all buildings, maintenance yards and parking lots. The Government will provide a map of the installation and historical nest data prior to the start of the project.

The Contractor shall conduct multiple site visits during the initial weeks of service for seven days a week. The Contractor shall conduct additional site visits as deemed necessary by the Contractor for seven days a week. Success of the project will be measured by the absence of geese on ALC for 7 consecutive days during nesting season and at the end of the period of performance.

The Contractor shall use techniques that are approved by the State of Maryland Department of Natural Resources (MDNR) and the USFWS and that do not violate the Migratory Bird Treaty Act (MBTA). The Contractor shall obtain any required licenses and permits by the MDNR and the USFWS.

The Contractor shall check in and out with the COR via telephone each day the installation is visited. The Contractor shall remain in control of the Border collies at all times. The Contractor shall remove any waste left by the Border collies.

5.1.2 Severe Weather and Ground Maintenance Exceptions: The Contractor shall not be on-site during National Weather Service watches or warnings for ice, snow or high heat. Service will continue as soon as the warnings expire. The Contractor shall contact the COR when they will miss or delay a site visit due to unsafe weather conditions.

The Government shall provide locations of chemical or herbicide treatments for grounds maintenance to the Contractor 24-hours prior to a site visit. The Contractor shall avoid these areas during a site visit after a chemical application has occurred.

5.2 Canada Goose Nest Management: The Contractor shall provide egg addling services for nests found on ALC. The contractor shall oil and number the eggs that are deemed to be less than 14 days old. The Contractor shall provide the nest treatment data to the COR which will include: the date, nest number, location description, and number of eggs treated. Data will be provided to the COR on the date of the nest treatment.

5.3 Environmental Requirements

5.3.1 The Contractor shall ensure that work is conducted in accordance with and in support of the goals of the ALC Environmental Division’s Goals. The ALC Environmental Division Goals are the following: (1) reduce hazardous waste generation, (2) recycle solid waste generated to the maximum extent practicable, and (3) reduce energy and water consumption.

5.3.2 The Contractor shall comply with all applicable Federal, state, local, and Army regulations governing environmental control. The Contractor shall work with the COR to ensure all permits and NEPA documentation related to the proposed work have been addressed.

5.3.3 The Contractor shall not use any materials, herbicides or chemicals that are not approved by the ALC Environmental Division.

5.3.4 The Contractor shall ensure vehicles used in the performance of service under this 87contract are maintained to prevent leaking oil and fluids.

5.3.5 The Contractor shall immediately report any nonconformance and/or noncompliance with applicable Federal, state or local environmental laws, Army and installation environmental regulations or policies to the COR.

5.3.6 The Contractor shall submit to potential Federal, state, Army and installation work site environmental regulatory inspections and/or investigations into noncompliance, and fully cooperate with such inspections/investigations by providing the appropriate records and documentation. Environmental regulatory agencies are authorized by law to inspect any work site for environmental compliance with regulatory requirements. If an inspection is conducted, it will not stop or disrupt ongoing contract activities. The inspection will only require the work site environmental officer, or supervisor/manager to answer questions and/or escort the inspector to specific work site areas with the potential to affect environmental quality.

5.3.7 Contractor shall take the necessary actions to identify, monitor, and control those contract operations and activities that pose risk of contamination, or can negatively impact the natural and/or human environment.

5.3.8 Contractor shall remove from the installation and dispose of all solid waste generated, which cannot be recycled to an approved and permitted off-post disposal facility. Contractor shall make every effort to divert construction, demolition debris, and all other solid waste to comply with the Army Integrated Solid Waste Management Policy.

5.3.9 Contractor shall, when given a verbal and/or written notice of environmental noncompliance or nonconformance by the COR, take immediate corrective action. Failure or refusal to comply promptly may be grounds for the Contracting Officer to invoke the appropriate contractual remedies.

5.3.10 Contractor shall obtain all licenses and certifications required by Federal, state, and local environmental laws and regulations necessary to adhere to the specifications of this contract. The Contractor shall submit all plans, notifications, reports, submittal documents, and fees required by Federal, state, and local environmental laws and regulations to the appropriate Federal, state, and local authority and/or agency as necessary to adhere to the specification of this contract. All required licenses and certifications required by Federal, state, and local environmental laws and/or regulations shall be considered a contract deliverable upon award.

5.3.11 Contractor shall not allow personnel to perform any activities and/or tasks at ALC without proper and adequate qualifications or job competency training. In the event of any identified noncompliance, the Contractor shall, if requested, provide proof of contract personnel training or qualification (individual name, training/qualification type, training/qualification certificate, and date of training/qualification) to perform those contract activities associated with the identified noncompliance.

5.3.12 Protection of Sensitive Areas: Contractor shall comply with all installation designated sensitive and/or off-limit area restrictions. Sensitive areas are generally demarked indicating what activities (e.g., driving, digging, foot traffic) are prohibited. The Contractor shall also adhere to the following installation sensitive areas requirements:

· Cultural Resources Sites: Do not excavate, remove, damage, or otherwise deface any archeological resource located on public lands.

· Endangered Species Habitats: Do not initiate any action that may disturb, endanger, or damage to any degree the habitat of a threatened and endangered species or species protected by the MBTA or the Bald and Golden Eagle Protection Act.

· Wetlands: Do not excavate or take any action that could fill or damage any wetland unless working under a project specific Corps of Engineers 404 permit. Wetlands include streams, riparian areas, bogs, marshes, and swamps.

5.4 Deliverables: The Contractor shall provide daily reports for nest addling services, when conducted. The Contractor shall provide the nest treatment data to the COR which will include: the date, nest number, location description, and number of eggs treated.

Section 6. Anti-Terrorism Operational Security (OPSEC) Requirements:

6.1 Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area. Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation 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 (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) 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 individual facility or installation change, the Government may require changes in contractor security matters or processes.

6.2 For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated subcontractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

Section 7. Distribution Statement:

7.1 Distribution Statement A: Approved for Public Release.

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