A04_Attachment_(1)_OK-WMR_FY23_PERFORMANCE_WORK_STATEMENT.docx

PERFORMANCE WORK STATEMENT (PWS)

Vegetation Removal Project on the Wichita Mountains Wildlife Refuge

PART 1

General Information

1. GENERAL: This is a non-personnel services contract to provide vegetation mastication/chipping and standing dead tree cutting for the US Fish & Wildlife Service. 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-personnel services necessary to remove specified vegetation from approximately 157 acres on the Wichita Mountains Wildlife Refuge (WR) as defined in this Performance Work Statement (see Figure 2). The contractor shall perform to the standards in this contract.

1.2 Background: The Wichita Mountains Wildlife Refuge maintains multiple firebreaks across the refuge to facilitate prescribed burning for habitat management and provide for emergency response to wildfires. Some firebreaks are degraded due to the presence of brush and standing dead trees too close to the firebreak. This project will provide for the removal of brush and trees to reduce the risk of wildfire causing damage to critical black-capped vireo habitat, minimize holding concerns for future prescribed burn treatments, mitigate safety risks to staff and the public, and to improve access and visibility for other management actions.

1.3 Objectives: The contractor will remove vegetation within 50 feet on either side of an established fire break to create a 100-foot wide corridor free from standing dead trees, eastern redcedar, and standing brush. The total treatment area will include approximately 157 acres along 2 sections of fire break roads as follows: 5.5 miles from Greenleaf Canyon to Graham Flat, 2.2 miles along Soldier’s Dam Road.

1.4 Scope: The contractor will perform the following work to meet the project objectives:

1. Cut and fell all standing dead trees and all eastern redcedar, alive or dead, within 50 feet of the existing fire break to create a 100-foot wide vegetation break. All cut trees will be moved 50 ft away from the fire break or chipped/masticated in place and left in dispersed piles 6 inches or less in depth. All stumps will be cut 6 inches or lower from the ground level. In addition, any downed material 4 inches in diameter or greater will be moved at least 50 feet away from the existing fire break.

2. Mechanically masticate/chip all standing oak and cedar brush, and other species if encountered, up to 3 inches in diameter within 50 feet of the existing fire break. Materials cut in areas near roads will be chipped/masticated and left in dispersed piles 6 inches or less in depth. All other slash will be lopped and scattered into the unit a minimum of 50 feet from the fire break and should stand no higher than 2 ft above the ground to minimize chip piles in the targeted mastication area.

3. A portion of Geronimo Ridge is directly adjacent to the North Mountain Wilderness Area. No mechanized equipment will be used within the North Mountains Wilderness Area located directly north of the fire break. The planned treatment will expand 100 feet south of the fire break only in this location to compensate for the Wilderness Area. See attached map for details.

Required wildlife and habitat protection measures and access safety procedures:

1. Wildlife trees within the treatment area will be marked in yellow and shall not be damaged.

2. Guidelines to limit “take” for black-capped vireo around known territories prohibit activities from 15 April – 15 July. During these times, work will be permitted on a case-by-case basis by refuge staff to prevent disturbance based on current black-capped vireo presence surveys.

3. The contractor will be allowed to access the area when conditions allow as provided by refuge staff. If the target area is too wet to handle heavy equipment, the work will be postponed in that specific area to minimize critical habitat and soil damage.

4. Refuge access roads within the target area normally provide for one-way travel, however; with the use of 2-way radio communication or with a pilot car this can be mitigated. No road construction will be needed. All mastication units have two track road access. Options for site access and all equipment storage and environmental concerns will be addressed during project meetings.

1.5 Period of Performance: The period of performance shall be for one calendar year (12 months) from the contract award date.

Work may be postponed by the Government, due to inclement weather, high water, high wildfire danger, wildfire or to prevent adverse impacts to the soils and access roads or for the convenience to the Government. The Government may allow an extension of the contract term if it is determined that the contractor could not complete the contract within the normal contract period due to excessive inclement weather or government caused delays that exceed a total of 14 days.

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. The contractor’s quality control program is the means by which they assure that work complies with the requirement of the contract.

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with this Performance Work Statement. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). Daily work reports will be completed by contractor and turned in to refuge staff.

1.6.3 Recognized Holidays: The Contractor is not required to perform work on these holidays. Access on holidays may be limited due to Refuge staff not being on site.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Juneteenth Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.6.4 Hours of Operation: The contractor is responsible for conducting business between the hours of sunrise to sunset Sunday thru Saturday except Federal holidays at the Contractor’s option unless prior arrangements have been made with the purchasing agency. 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 shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: Work is located on the Wichita Mountains Wildlife Refuge, located approximately 12 miles northwest of Cache, OK. The exact locations are as follows: from Greenleaf Canyon to Graham Flat (lat/long east side: 34°44'36.04", N 98°36'26.01"W; west side: 34°47'16.73", N98°43'41.84"W); Soldier’s Dam Road (lat/long east side: 34°45'5.86", N98°38'8.64"W; west side: 34°45'50.57", N98°40'52.63"W).

1.6.6 Type of Contract: The government will award a firm-fixed price contract.

1.6.7 Gate Locks: Project sites are located within areas that are closed to the public. A combination lock will be provided to secure gates and allow access for authorized personnel only. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. These procedures shall be included in the Contractor’s Quality Control Plan.

1.6.8 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 Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officer’s Technical Representative (COTR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer 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.

1.6.9 Contracting Officer’s Technical Representative (COTR): Assistant Fire Management Officer TJ Lowder is designated as COTR for this contract. AFMO Lowder may be contacted via phone at 580-591-1758 or email at tj_lowder@fws.gov. The COTR monitors all technical aspects of the contract and assists in contract administration. The COTR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; and provide site entry of Contractor personnel. A letter of designation issued to the COTR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COTR, especially regarding changes in cost or price, estimates or changes in delivery dates. The COTR is not authorized to change any of the terms and conditions of the resulting order.

1.6.10 Key Personnel: The following personnel are considered key personnel by the government: Contract Manager and Site Project Leader. 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. The contract manager or alternate shall be available between 8:00 am to 5:00 pm, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.11 Identification of Contractor Employees: All contract personnel attending meetings and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.12 Contractor Travel: Contractor will be responsible for all travel cost and scheduling of travel.

1.6.13 Other Direct Costs: At the Contractor’s option, partial payments (at least after every 52 acreas of completion of project) can be made to cover the cost of equipment and materials obtained by the contractor for this project. Final payment will be made upon Refuge acceptance following total completion of the project by the contractor. Upon completion and acceptance of all work and receipt of a proper invoice, the contractor will be paid the balance of the firm/fixed price of the contract.

1.6.14 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 affect 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.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. 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.

2.1.2. CONTRACTING OFFICER (CO). A person with authority to enter, 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.

2.1.3. Contracting Officer’s Technical Representative (COTR). An employee of the U.S. Government appointed by the contracting officer to represent the government on site. 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 Performance Work Statement.

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

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

2.1.9. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

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

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

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will not provide any services for this contract.

3.2. Facilities: The Government will not provide and facilities for this contract.

3.3. Utilities: The Government will not provide any utilities for this contract.

3.4. Equipment: The Government will not provide any equipment for this contract.

3.5. Materials: The Government will provide a combination lock for this contract.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

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.

4.1.1 Equipment: The Contractor shall furnish all equipment to adequately preform the requested job.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASK: The Contractor will conduct an initial site visit with refuge staff for access arrangements and to ensure proper identification of each area to be masticated. Contractor will then mobilize their heavy equipment. When vegetation is masticated, care needs to be given to leave marked trees, and debris should be as small as reasonably possible. Soil and ground disturbance is expected due to the nature of heavy equipment; however, the contractor will fill in or smooth over the cleared areas to minimize large ruts and tracks left behind.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable Federal and State regulations and laws applicable to this project.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. PROJECT MAPS: