A04_GC_IPMT_Plant_Control_SOW.docx

Invasive and Nuisance Plant Control Services in Louisiana, Mississippi, and Texas National Park Service Statement of Work

1. OVERVIEW AND PURPOSE

The National Park Service (NPS) requires plant control services in eight park units within the Gulf Coast states of Louisiana, Mississippi, and Texas including: Big Thicket National Preserve (BITH), Gulf Islands National Seashore (GUIS), Jean Lafitte National Historical Park and Preserve (JELA), Natchez Trace Parkway (NATR), Padre Island National Seashore (PAIS), Palo Alto National Battlefield Historical Park (PAAL), San Antonio Missions National Historical Park (SAAN), and Vicksburg National Military Park (VICK). Contractor services will include invasive and nuisance plant control and associated data collection & reporting.

Contractors will submit a weekly pricing sheet to include unit pricing rates for all labor, equipment, materials including herbicides, mobilization, and travel for a one-year contract period. The weekly pricing sheet should be based upon 40-hour work weeks and include, at a minimum, one crew leader and five crew members (i.e., 40 hours for a crew leader and 200 total crew member hours for all five crew members), along with sufficient project management, data entry, and administrative/clerical labor to submit deliverables within the timetable described in this SOW. Eligible crew operating time is defined within the Payment and Invoicing section of this SOW. The rates for this contract may be fully loaded and include overhead, profit, and escalation. These rates will be fixed and will be incorporated into the base award contract and referred to as the fixed price schedule.

The Contractor shall furnish all necessary personnel, vehicles, materials, equipment, and services to specifications identified in this Statement of Work (SOW).

2. CONTRACT PERIOD AND OPTIONS

This contract will be for one year. The period of performance will be adjusted based on the actual award date.

Period of Performance: 10/03/2022 – 10/02/2023 Funds are currently available.

3. PROJECT LOCATIONS AND DESCRIPTIONS

The contract will encompass the following eight parks, with one to eight of the parks receiving treatments during the contract period: BITH, GUIS, JELA, NATR, PAIS, PAAL, SAAN, and VICK. All treatment areas are located within the states of Louisiana, Mississippi, or Texas.

Plant control services may take place in a variety of habitats including upland forests, floodplain forests, wetlands, streams, and coastal islands. Some potential treatment areas are disturbed or developed, including but not limited to along roadways, parkways, recreational areas, camping areas, parking areas, canals, or within developed landscapes, including cultural landscapes. Contractors may be required to work in harsh environments that include but are not limited to areas with uneven footing, slippery conditions, flooded conditions, and steep slopes.

Species targeted for control are located within floodplain forests of BITH, all areas of the Barataria Preserve at JELA, along the parkway corridor of NATR, on the offshore main and spoil islands of PAIS, on mainland and offshore islands of GUIS, and all areas within the boundaries of PAAL, SAAN, and VICK.

4. DESIGNATED NATIONAL PARK SERVICE REPRESENATIVES

Contracting Officer (CO) – will award and modify the contract. The CO is the only individual authorized to approve changes in terms, conditions, or in the work that may result in adjustments in cost and/or time of performance, and payment requests.

Contracting Officer Representative (COR) - acting on behalf of the CO, is responsible for the day-to-day administration of the contract services, which include review of work in progress. CORs will be responsible for inspecting operations outlined in this scope of services and will recommend approval or disapproval to the CO. Additionally, the COR will review and recommend approval for invoicing prior to input into IPP.gov. The final approval on an invoice will be completed through IPP.gov for payment.

Site Manager: Designated park unit representative acting in coordination with or in the absence of the COR. The Site Manager may lead site visits, coordinate park access, designate staging areas, and clarify other park specific logistics.

Any arrangements or agreements made regarding the administration and execution of this contract with persons other than the CO or designee will not be considered binding upon the Government.

5. MANAGEMENT GUIDELINES AND AUTHORITIES

NPS management policies mandate the control of invasive species up to and including total eradication when practical, or whenever such species threaten protection or interpretation of resources being preserved on NPS lands.

Authorities to control invasive plants on park lands include but are not limited to the following policies, Public Laws, Federal Regulations, and executive orders:

(1) Federal Land Policy and Management Act of 1976, as amended, Public Law 94-579

(2) Reclamation Act of 1902, 32 Stat 388

(3) The "Carlson-Folry Act" Public Law 90-583

(4) Federal Noxious Weed Act of 1974, Public Law 93-629, as amended

(5) Endangered Species Act. Public Law 93-205, as amended

(6) National Park Service Organic Act, 39 Stat. 535

(7) Departmental Manual, Pesticide Use Policy, 517

(8) Executive Orders: 11514, 11738, and 11987

(9) National Park Service Management Policies, 2006

6. GENERAL REQUIREMENTS

The general requirements listed in this section pertain to all work, as applicable, but may be elaborated on in the Description of Services section of this SOW.

· The Prime Contractor/Contractor will be required to self-perform a minimum of 80% of the work. The Contractor shall be at the worksite during all times while on-site work activities are being conducted to facilitate communication, daily work priorities, accountability of performance standards, and to facilitate receipt of deliverables.

· Work may occur during any season during the year, except as prescribed for specific growing seasons or treatment windows depending on the target species or in the event of park specific closures (e.g., avoidance of nesting seasons for wildlife, special events). Work shall only be conducted between Monday and Friday, 8am - 5pm local time, unless otherwise approved in advance by the COR and/or Site Manager. No work shall be conducted on federal holidays or weekends unless agreed upon in advance by the COR, Site Manager, and Contractor.

· The Contractor shall furnish all equipment and supplies including personal protective equipment (PPE), pesticides, dyes, and adjuvants needed to complete the specified service requested.

· The Contractor shall provide for the security of all equipment and materials. NPS is not responsible for the security of equipment and materials used for invasive plant control by the Contractor.

· The Contractor shall furnish personnel services relevant to the specific service requested in areas such as but not limited to project management, report writing, field data collection, office-based research, data management, Geographical Information System (GIS), data entry, administrative and clerical, Crew supervision, and field labor.

· The Contractor shall perform work according to a Work, Safety, and Quality Control Plan developed by the Contractor and provided to and approved by NPS. The Contractor shall be familiar with and adhere to any and all federal, state, or local safety regulations pertaining to aquatic and terrestrial plant control operations, pesticide use and storage, transportation and trailering operations including but not limited to the use of vehicles, airboats, motorboats, or utility terrain vehicles (UTVs). All-terrain vehicles (ATVs) are prohibited unless specifically authorized by the COR.

· The Contractor shall possess all necessary state pesticide applicators' licenses, certificates of training, and permits required by applicable states of Louisiana, Mississippi, or Texas before work begins. The Contractor shall meet current applicable state license requirements and have substantial experience and knowledge of field plant identification and current invasive and/or nuisance plant control technologies.

· Use of chemicals shall strictly adhere to United States Environmental Protection Agency (EPA) regulations, manufacturers label directions, state pesticide laws, and NPS requirements. No pesticide shall be used until approved by the COR or Site Manager.

· The Contractor shall ensure protection of the worksite from Contractor-caused human trampling and off-target damage to other resources in the area. Contractor materials such as but not limited to human waste, food, food wrappers, containers, bottles, cigarette butts, and other trash shall be removed from the site.

7. DESCRIPTION OF SERVICES

It is the Contractor’s responsibility to request clarification of the work requested if it is not completely clear to the Contractor.

The Contractor shall be required to have sufficient Crew Supervisors and Crew Members to start of work within 30 days of award of this contract, unless otherwise coordinated with the COR or Site Manager.

7.1 Pre-Work Meeting

Following award of this contract and prior to plant treatments, the CO will arrange a pre-work meeting (i.e., Microsoft Teams) with the Contractor, COR, and Site Manager(s). The Prime Contractor/Contractor may choose to have one or more Subcontractors present. The Contractor shall be responsible for developing meeting notes and distributing these to the COR within five working days of the meeting. The meeting agenda will include the following as a minimum:

· Roles and responsibilities

· Review of Contract

· Work schedule

· Accident reporting

· Park specific rules and regulations

· Medical emergency processes, availability, emergency numbers, and contacts

· Cultural and Natural resources protection requirements including protected species

· Site inspections

· Calling in and out of the Park Dispatch or point of contact each day

· No spray, closed, or restricted areas

· Review safety and evacuation plan(s)

· Documentation of all necessary state pesticide applicators' licenses for each Crew Supervisor

· Certificate of Liability Insurance During or following the pre-work meeting, COR will provide the Contractor with the following park-specific information:

· Methods of access and transportation

· Equipment staging areas

· Target plant species

· Park maps and project boundaries

· Treatment area maps and/or geospatial files

· Park representative contact information

7.2 Work, Safety, and Quality Control Plan

At least 30 days prior to the start of work, the Contractor shall provide a Work, Safety, and Quality Control Plan (WSQCP) developed by the Contractor that is appropriate for each site. The site-specific plan must be sent to the CO and shall address, at a minimum, likely hazards to be encountered and means to avoid or minimize their impact, emergency evacuation procedures, storage, transportation, use and disposal of pesticides, adjuvants, secondary products related to their use, and PPE. As a part of the WSQCP, the proposed pesticide(s) to be used for this contract shall be submitted and include the EPA registration number(s), pesticide specimen label(s), safety data sheet(s) (SDS(s)), method(s) of application, and approximate timeframes of expected application(s). The plan or any revisions thereof that are recommended by the CO shall be provided to the COR or Site Manager prior to the Contractor starting field work.

The Contractor is to follow at a minimum regulations, laws, policies, and guidelines of NPS and all Occupational Safety and Health Administration (OSHA) rules and procedures. The Contractor must:

Provide a safe and healthy workplace for all employees while at NPS sites.

Provide a WSQCP plan outlining safety programs specific to this scope of services.

Provide a level of public safety commensurate with exposure at NPS worksites.

Comply in rectifying all unsafe or unhealthful conditions called to attention by the CO.

Allow for informal, formal, announced, and unannounced safety inspections by the COR, Site Manager, and/or a park’s safety officer or collateral duty safety officer in order to verify compliance.

Up to two revised draft WSQCPs may be requested for CO/COR review and approval. Review comments shall be incorporated into the plan before it shall be considered final and complete. The WSQCP should be based upon the parks to receive treatments and be park-specific. Copies of the WSQCP should be made available to onsite Contractor staff as appropriate during work activities.

The WSQCP should include the following measures as described below in 7.2.1 through 7.2.6.

7.2.1 General Safety Measures

The Contractor shall provide safety controls to protect the life, health, and safety of employees and other persons, as well as for the prevention of damage to property, materials, supplies, equipment, and natural and cultural resources during the performance of this contract. The Contractor shall be responsible for security of equipment and any damage to equipment while in an NPS unit.

The Contractor shall have appropriate equipment to perform work safely. The Contractor shall be familiar with and adhere to any and all federal, state, territorial, or local safety regulations pertaining operations of boats, vehicles, trailering, and UTVs. The operation of all vehicles and equipment shall be done in a manner appropriate to the site that does not adversely impact the soils wetland resources, adjacent vegetation, buildings, or other components of the worksite. The Contractor must keep their equipment and supplies from becoming hazards on trails and other pedestrian areas.

The Contractor shall have a Hazard Communication Program in place, as required by 29 CFR 1910.1200, where SDSs shall be obtained for all hazardous materials to be used in performance of this contract. These SDSs and an inventory of hazardous materials must be provided to the COR or Site Manager prior to bringing the materials on site.

Should the Contractor discover any conditions at the site that constitute a safety or health hazard, the hazard shall immediately be reported to the COR or Site Manager.

7.2.2 Pesticide Storage, Transportation, Use, and Disposal

The Contractor shall be familiar with and adhere to any and all federal, state, or local safety regulations pertaining to aquatic and terrestrial plant control operations including the storage, transportation, application, and storage of pesticides. The Contractor shall meet and be able to provide evidence of state application certification requirements for personnel and equipment as appropriate.

All pesticides shall be EPA/state registered or have the appropriate state Special Local Needs (Section 24(c) FIFRA) registration. Contractor shall provide registration information to the Site Manager and/or COR at least 30 days before the start of the project unless otherwise coordinated with the Site Manager and/or COR.

The Contractor is liable for any penalty, fines, or damages resulting from the misuse of pesticides.

Contractor shall strictly adhere to all pesticide specimen label application instructions, precautionary and safety statements, and shall be familiar with and adhere to the local, state, and federal safety requirements. These regulations include, but are not limited to, Federal Insecticide Fungicide and Rodenticide Act, applicable Occupational Safety and Health Administration Standards, applicable EPA Worker Protection Standards, and relevant state statutes.

Assuring appropriate pesticide specimen labels and SDSs are acquired, printed, and kept with the Crew Supervisor working on site.

While on the worksite all pesticides and adjuvants must be kept with the Crew Supervisor/certified applicator at the treatment site or in a secured, ventilated, and locked truck, trailer, or shed as close to the treatment site as practicable at all times, in accordance with Chapter 403.161, 403.413, 403.708 F.S. and Chapter 487.031 F.S.

All products shall be stored in containers that are in good condition and sealed to prevent spill releases. All containers shall be inspected daily for leaks, labeled to identify their contents, and kept in a secure manner as to prevent the likelihood of leaks.

The Contractor is responsible for keeping all empty containers in a secured, ventilated, and locked truck, trailer, or shed.

The Contractor is also responsible for any leaks, spills, environmental damage, or theft of materials from the worksite.

To ensure environmental safety the Contractor shall use secondary containment equipment for mixing and dispensing pesticides.

Pesticide applications cannot be made when winds and rain exceed label requirements. It is the responsibility of the Contractor to determine forecasts for the treatment area.

All pesticide containers or other hazardous materials will be disposed of by the Contractor, following all applicable laws and regulations.

7.2.3 Emergency and Storm Evacuation Procedures

The WSQCP shall describe emergency evacuation procedures. At a minimum, this includes a description of the routes to the nearest hospital, key personnel to contact in an emergency, and emergency phone numbers.

7.2.4 Personal Protective Equipment

All Contractor Crew Supervisors and Crew Members shall wear appropriate PPE, as required of the task being performed and as specified for appropriate use by pesticide labels and EPA/state/NPS regulations. Such equipment shall be specified in the WSQCP and may include but is not limited to appropriate gloves, eye protection, hearing protection, chaps, and any other equipment required for the specific tasks being performed. The COR or Site Manager may stop work by any Crew Member found not wearing required safety equipment.

7.2.5 Fuel and Spill Prevention

Contractor use of equipment or vehicles that are leaking fluids shall be avoided. To the extent practical all equipment maintenance should be done off-site; however, the WSQCP should address any fueling and lubricating practices for equipment, onsite fuel, lubricant, and other storage (if any) and potential spill sources, spill control measures, and spill and release contingencies. Spills of any pesticide or other materials used in spraying should be reported to the Site Manager and COR immediately. All spilled materials should be contained and cleaned-up immediately. Contractors should have absorbent materials immediately available (e.g., snakes/mats/loose absorbent), and use these for containment of spills over soil, with no ground disturbance (e.g., trench digging), until NPS responds. In addition, any spills above legal reporting limits will be reported to the responsible agencies. The WSQCP should address the disposal of rinsate, left-over chemicals and containers.

7.2.6 Environmental and Resource Protection

All Contractor staff will avoid damage to the other natural and cultural resources in the park. Contractor access to the worksites will minimize soil disturbance and trampling or breakage of vegetation, streambanks, springs, or any other park resources. No chemicals or other substances will be released into streams and groundwater and no ground disturbance shall occur until approved by the COR or Site Manager.

No disturbance or collecting of plants, wildlife, soil, artifacts, or other park resources will occur. All animals found at work sites are protected, including alligators and venomous snakes. All potentially hazardous wildlife should be avoided. Under no circumstances should animals be intentionally fed, harassed, or injured.

All Contractor generated waste including but not limited to leftover food, food wrappers, plastic bottles and the like shall be disposed of legally off government property at the completion of each workday.

7.3 Invasive and Nuisance Plant Control

Invasive and nuisance plant control requests may vary considerably based upon location, species treated, method of control, time of year, method of access, and funding levels. The species may be annual or perennial herbs or grasses, woody or non-woody vines, shrubs, trees, and/or aquatic plants.

The work may utilize hand or mechanical methods including but not limited to pulling, cutting, clearing, tilling, and digging and chemical methods including aquatic or terrestrial chemical applications. Repeat treatments may be required.

At the present time, pesticides are relied upon heavily to control invasive plants. Methods of application should follow best management practices and potentially include foliar spray, frill/girdle/hack & squirt, cut stump, basal bark, and broadcast (liquid and granular) applications. Seedlings of some tree species in mixed plant communities may be hand-pulled to minimize the impact of pesticides on non-target vegetation or when wind and/or rain amounts exceed maximum(s) indicated in the specimen label(s). Pulled seedlings should be left hanging on the native vegetation or in a pile to reduce the possibility of re-growth.

7.3.1 Data Collection

The Contractor will perform the service of collecting, recording, and providing operational field data using multiple formats including written field data sheets and electronic such as but not limited to GPS. Perform the service of converting GPS data into electronic GIS mapping formats compatible with ArcGIS Pro 2.x, or as updated, and providing that information to the COR. Additionally, create PDF maps (cartographic product) of each area treated, including number of acres treated as calculated from treatment polygons.

The field crew supervisor is responsible for collecting the Daily Progress Report (DPR) data. Required DPR and National Invasive Species Information Management System (NISIMS) information includes: applicator(s), state licensed certified applicator(s), data recorder, location coordinates, location name, park unit code, start date, start time, end time, total hours worked, species treated (scientific name), percent cover for each species treated, total acres treated, wind speed, pesticide trade name(s), type of formulation(s), pesticide EPA registration number(s), dilution rate of the product(s) applied, application rate(s), application rate unit of measure (UOM), total mix volume, carrier UOM, carrier, adjuvant trade name(s), adjuvant application rate(s), application rate UOM, and equipment type name (e.g., backpack sprayer, machete, squirt bottles, airboat). This information will be supplied daily to the COR.

All field crew personnel should collect GPS track data while conducting plant control. Contractor should combine track data into a digital GIS file by park unit, and geospatially correct polygons of areas treated. Contractor should also create PDF maps (cartographic product) maps of each area treated, including amount of acres treated as calculated from polygons. GIS polygon files and PDF maps should be provided to the COR within three business days of completing treatment at each park unit.

In addition to the deliverables above, the Contractor will provide the COR with a short project update narrative once weekly, or more frequently if circumstances arise that warrant such communication. The narrative should describe what was accomplished relative to project goals, including explanations of work delays. DPRs and geospatial deliverables should be submitted within the timetables described above and therefore may or may not be attached as part of the weekly project updates.

7.3.2 Access and Staging Areas

Access and Staging areas will be provided during or following the pre-work meeting. This information includes where access points to the work areas are located, and if applicable, where equipment and/or supplies could be temporarily stored. Contractor must provide appropriate transportation and pesticide delivery vehicles, when applicable, to access worksites. If a work area is in a designated wilderness, motorized access and use of mechanized equipment may be limited and will be addressed during and following the pre-work meeting.

7.3.3 Pesticide Storage, Transportation, Use, and Disposal

Contractor will provide approved pesticides, as needed, depending on the type of vegetation to be treated. The Government reserves the right to examine and sample the spray materials. NOTE: The National Park Service reserves the right, at its option, to furnish any or all of the pesticides and spray additives to the selected Contractor to conduct approved control operations. All pesticides will be stored, transported, used, and disposed of according to the applicable WSQCP prepared by the Contractor and approved by the COR.

7.3.4 Treatments and Control Measures

All control efforts of treated areas shall be at least 95% effective in preventing re-sprouts of all target vegetation. If a 95% kill rate is not achieved for any area of the project after three months following project completion, one additional thorough treatment of the project area will be the responsibility of the Contractor at no cost to the Government. For additional performance requirements see the below Performance Criteria and Progress Completion Tracking section.

At all times when work is being performed, the Contractor shall provide an assigned on-site Crew Supervisor that is a certified pesticide applicator within the applicable state that the work is being performed. The Crew Supervisor/certified applicator may supervise up to the maximum number of Crew Members as permitted by the state applicators’ license at any given time.

The Contractor shall provide Crew Members with all supplies and equipment for invasive and nuisance plant control projects, including appropriate vehicles or vessels for transportation to worksites, GPS equipment for collecting site positions and track logs, pesticides and adjuvants, sprayers, machetes, hand tools, chainsaws, brush cutters, PPE, potable water, and suitable communications capability and any other equipment needed to facilitate operational coordination and safety of Crew Members.

The Contractor is responsible for the restoration or replacement of all excessively damaged native vegetation, at no cost to the Government. Repair, replace, or restore to original condition all property damaged because of any unauthorized or negligent activity by the Contractor and/or Subcontractor(s), to the satisfaction of the CO. This includes, but is not limited to, soil grade disturbance resulting from heavy equipment/stump removal, pavement surface, turf areas, mixing zones, man-made structures, and equipment.

7.3.4.1 Crew Supervisor Qualifications and Responsibilities

The Crew Supervisor should be able to communicate with all Crew Members in a common language and shall be responsible for: 1) overseeing all control activities and safety on worksites; 2) assuring that all contract Crew Members are knowledgeable of, and remain within the property and treatment boundaries; 3) coordinating with the COR or Site Manager on mutually agreed upon timeframe (daily/weekly/other); 4) assuring availability of and compliance with the WSQCP for all Crew Members during work activities including all appropriate pesticide labeling, most recent SDSs onsite, and permit conditions being followed; 5) assuring equipment is safe and in proper working condition, 6) avoiding damage to wildlife and non-target native or listed vegetation; 7) assuring that Crew Members, including him/herself, have a GPS turned on capable of recording in UTM and set to record a position at a minimum of every 30 seconds while in the field, and assuring that all treatment sites are properly recorded; 8) collecting the DPR data as specified and supplying this weekly to the COR; and 9) ensuring all equipment and Crew Member clothing is decontaminated (free of invasive pests) daily or prior to entering a new treatment location.

Each Crew Supervisor shall possess the following minimum qualifications:

· Current applicable state pesticide applicators’ license, valid state Department of Agriculture and Consumer Services or similar state agency-based state certification in the Aquatics and/or Natural Areas categories appropriate for the work and state requirements.

· Ability to supervise Crew Members to serve as applicators working under his/her license.

· Knowledge and two (2) years of substantial experience in field identification and current control technologies of invasive pest plants common to the ecosystem being treated.

· Knowledge of native plants with characteristics similar to plants being treated.

· Awareness of impacts and liabilities of misapplication of pesticides and how to avoid them.

· Knowledge of resource management methods, biological processes, and vegetation sampling.

· Knowledge of data organization, record keeping, and GPS mapping techniques.

· Knowledge and willingness to handle pesticides during invasive and nuisance plant control.

· Ability to work under adverse environmental conditions including high humidity and temperatures, inclement weather, exposure to poisonous plants, venomous or poisonous reptiles, biting or stinging insects, and in hostile terrain.

· Knowledge of and ability and willingness to implement the WSQCP.

· General knowledge of Threatened and Endangered plant and animal species within applicable park unit(s) as identified by park staff.

7.3.4.2 Crew Member Qualifications

Crew Members performing invasive and nuisance plant control operations shall possess the following minimum qualifications:

· Ability to correctly identify plants, including native plants similar to plants being treated.

· Ability to mix, handle, and apply pesticides in accordance with label directions and Crew Supervisor instructions.

· Ability to operate and maintain specialized equipment for invasive and nuisance plant control.

· Ability to handle and maintain tools, equipment, and supplies in good working order for daily operations.

· Ability to follow requirements established in WSQCP.

· Ability to follow the procedures and policies established by NPS for conducting operations.

· Ability to work under adverse environmental conditions including high humidity & temperatures, inclement weather, exposure to poisonous plants, venomous or poisonous reptiles, biting or stinging insects, and in hostile terrain.

7.3.4.3 Equipment Requirements

Contractor shall be responsible for providing all supplies and equipment for the work performed including vehicles, GPS equipment, radios, pesticides and adjuvants, sprayers, hand tools, chainsaws, brushcutters, and safety equipment. At all times, equipment used shall be in good repair and operating condition, and comply with all federal, state, and local regulations. All equipment shall meet all safety standards as established for that piece of equipment. All equipment shall be operated and maintained in accordance with the manufacturer’s recommendations. All equipment shall be equipped with all appropriate safety guards, as specified by the manufacturer. The CO reserves the right to request replacement of equipment or personnel if deemed to be unsafe or operating in an unsafe manner.

The Contractor will provide Crew Supervisor(s) and Crew Members with suitable communication capability to facilitate operational coordination and safety. Contractor shall provide one GPS unit per Crew Supervisor and one GPS unit per Crew Member (UTM compatible) with a minimum of 10-meter accuracy, and one cellular phone per Crew Member. Contractor shall provide phone numbers of Crew Supervisor(s) to COR.

All equipment and vehicles entering into park units shall be inspected by the Contractor before entering into park units and shall be free of mud, soil, weeds, seeds, eggs, other living organisms, and other such debris that could contain or hold seeds, other propagules, eggs, or larva. The Contractor shall power-wash all equipment before initial entry to a park unit and may be required to power wash between mobilizing to different work sites. The NPS reserves the right to reject equipment that is dirty and could potentially spread unwanted plants, animals, or substances within the units. Vehicles may require cleaning upon leaving the site.

NPS has right to inspect each piece of equipment, prior to moving it into the work area and moving between work areas. The COR will coordinate inspections of equipment. If the Contactor desires to clean equipment on NPS land, such as at the end of a project or prior to moving to a new treatment location, Contractor shall coordinate with the COR to determine appropriate cleaning methods and locations.

8.0 PERFORMANCE CRITERIA AND PROGRESS COMPLETION TRACKING

It is the responsibility of the COR and Site Manager to determine progress and completion tracking associated with the following performance criteria. The Contractor may be present for these inspections, but these activities are not a deliverable that the Contractor can invoice towards. It is the responsibility of the Contractor at no cost to the Government, no invoicing will be accepted for this service, to meet the performance criteria as specified below.

8.1 Site Visit Inspections and Evaluation

During the period of performance of this Contract, the COR or Site Manager may conduct site visits to the work areas to inspect the performance of the Contractor. The site visits may or may not be coordinated with the Contractor.

If, at any time, the COR or Site Manager determines that the work is unsatisfactory or being conducted in an unsafe manner, the Contractor will be notified, the issue shall immediately be addressed, and corrections made that satisfy the COR or Site Manager.

The Contractor is responsible for providing an acceptance report to be approved by the COR prior to submission of an invoice for payment. Failure of the Contractor to agree with the COR on work performed will be settled under the disputes clause of this contract.

8.2 Three Month Re-Inspection and Evaluation

The COR or Site Manager will inspect the work area three (3) months after completion of treatments at each park to evaluate the effectiveness of the treatments. All control efforts of treated areas shall be at least 95% effective in preventing re-sprouts of all target vegetation, with less than 1% mortality of non-target plants. If a 95% kill rate of target plants is not achieved for any area of the project after three months following treatments at each park receiving treatments, one additional thorough treatment of the project area will be the responsibility of the Contractor at no cost to the Government, and no invoicing will be accepted for this service. Destruction or permanent damage to any sensitive species shall be cause for possible penalties or dissolution of the contract.

9.0 ADJUSTMENTS FOR INADEQUTE PERFORMANCE

NPS goals including protecting park resources in their natural state are a priority, and while the deduction provision for work omitted or improperly performed is designed to protect NPS’s interests, it is not a desirable substitute for accomplishing the job through the normal process. It is designed only to assure that NPS pays only for services provided and is fairly compensated for damage(s) resulting from such operations.

Failure to perform the required services as indicated in the specifications herein constitutes a deficiency.

All work will be regularly inspected by the COR or Site Manager and any deficiencies will be reported by the CO in writing to the Contractor. The COR will make the sole determination as to the existence of a deficiency in performance.

Corrective action taken by the Contractor shall be taken promptly and the work satisfactorily accomplished. Deficiencies in daily tasks shall be completed within the day the deficiency is noted. All other deficiencies shall be corrected within 24 hours of the period indicated by the COR or Site Manager.

If such deficiencies are of a nature that precludes satisfactory re-accomplishment within the specified time frame, no further opportunity will be provided to the Contractor to cure the deficiencies and the provisions for monetary adjustments will apply.

In the event the Contractor, for any reason whatsoever, fails to successfully perform a task, the NPS has a right to terminate the contract with ten (10) days written notice to the Contractor and/or reduce the contract award by an amount equal to the costs to complete the work as specified.

10. PAYMENT AND INVOICING

Invoices must be complete and detailed. Detailed invoices include all labor categories (e.g., Crew Supervisor, Crew Member), labor rates and hours per labor category, a breakdown of equipment and equipment rates and hours, supplies and supply rates and quantities. Any administrative, overhead, travel, pier diem, or other incidental costs may only be included as specified in the contract and must comply with fee and payment requirements and must be detailed according to the IDIQ contract Terms and Conditions.

Unless otherwise approved by the CO, eligible Crew operating time is the time the Crew spends during the workday, performing services specified in accordance with this solicitation. Eligible operating time includes travel from the designated project staging location to the treatment sites and includes pesticide spray operations and travel time from spray site to spray site. Eligible operating time does not include travel from Contractor’s office, place of lodging, or previous work site to NPS project location, Crew time for lunch and break periods, down time for equipment repair, or other Crew time delays.

The Contractor shall provide a report that includes all deliverables with each invoice. These deliverables (i.e., Daily Progress Reports, GIS track logs, and PDF maps) must align by date with the period of performance noted on the invoice. The CO/COR will not approve an invoice without these deliverables.

11.0 SPECIAL REQUIREMENTS

11.1 FAR 52.245-1 Government Property

The Government may provide government property to be used by the Contractor. This may include but is not limited to pesticides, dye, adjuvants, storage areas, and keys. This will be specified during or following the pre-work meeting

11.2 Pesticide Use Violations

The Contractor, associated Subcontractor(s), and staff must have no violations of federal, state, or territorial laws or regulations related to pesticide use or invasive species control resolved by mediation, Consent Order, or fine within the previous two (2) years. Any violations brought against the Contractor during the period of performance of this contract may be grounds to terminate the contract.