A04_Performance_Work_Standard_Aerial_Herbicide_2023.docx

PERFORMANCE WORK STATEMENT (PWS)

Aerial Herbicide Application

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide aerially herbicide treatment of 280 acres of woody vegetation with a rotary-wing aircraft (helicopter) at Shiawassee National Wildlife Refuge. 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-personal services necessary to perform Aerial treatment of up to 280 acres of woody vegetation with a rotary-wing aircraft (helicopter) at Shiawassee National Wildlife Refuge as defined in this Performance Work Statement, except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: Treatment must be done using a rotary-wing aircraft to reduce drift from aerial application. Seventy acres of cottonwood will be sprayed in late August or early September (i.e., before autumn) before the tree starts losing leaves with a Triclopyr based product that is safe to spray near water since there is standing water on the site. Up to 85 acres of common buckthorn will be sprayed in late August or early September with a combination of Triclopyr (e.g., Garlon 3a, Vastlan, or Garlon 4 or equivalent), Aminopyralid (e.g., Milestone) and Metsulifuron methyl (e.g., Escort). This buckthorn is all located in native grass fields that have been invaded with buckthorn and therefore no concerns over damage to native trees and the treatment can be done earlier in the year. Up to 125 acres of common buckthorn will be sprayed with a combination of Triclopyr (e.g., Garlon 3a, Vastlan, or Garlon 4 or equivalent), Aminopyralid (e.g., Milestone), and Metsulifuron methyl (e.g., Escort) in the fall after native trees went dormant and buckthorn is still green. The timing of the buckthorn treatment in this area is critical to the success of the project. If the treatment is performed too early in the growing season native overstory trees will be killed. If the treatment is conducted too late in the growing season when buckthorn is dormant the treatment will not be successful. Buckthorn is an invasive woody plant that stays green much later into the growing season than native vegetation and therefore allows for effective treatment of buckthorn while native vegetation is dormant and will not be effected by the herbicide treatment.

1.3 Objectives: The objective of the project is to aerial herbicide treat 70 acres of cottonwood and invasive trees and shrubs to set back succession in a prairie wetland complex. In addition, this project will involve aerial herbicide treatment of common buckthorn (invasive woody plant) that has invaded 210 acres of native grassland and forest, this treatment will be conducted in late fall when the native overstory trees have went dormant (timing of this treatment is critical for success) in the forested areas and late summer in the grassland areas.

1.4 Scope: Services include Aerial treatment of 280 acres of woody vegetation (70 acres of cottonwood and 210 acres of common buckthorn) using a rotary-wing aircraft (helicopter). Contractor will provide the aircraft and herbicide outlined in the background section.

1.5 Period of Performance: Period of performance for 70 acres of cottonwood and invasive trees and shrubs is August 1 – September 15, 2024, 85 acres of common buckthorn in grassland areas is August 1 – September 15, 2024, and 125 acres of common buckthorn in native forest will be treated October 15 – November 15, 2023 but will be dependent on site conditions and stage of plant dormancy. If site conditions are not met for buckthorn the work can be extended to October 15 - November 15, 2023.

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 he assures himself that his work complies with the requirement of the contract.

1.6.2 Quality Assurance: The Contractor shall institute a complete quality-control program to ensure that the requirements of this contract are provided, as specified. The overall goal of the program should be to identify and correct any problems that may exist before they are identified by or reported to the Contracting Officer Representative. This will aid in ensuring the contractor meets time schedules, adheres to standard commercial practices, and complies with the PWS/contract in an efficient, ethical, and productive manner.

1.6.3 Recognized Holidays:

Independence Day

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 7 a.m. and 8 p.m. Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times 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: The work to be performed under this contract will be performed at 70 acres of cottonwood and invasive trees and shrubs is located at 43°22'4.38"N 84° 4'12.37"W, 85 acres of common buckthorn in the grassland area is 43°22'29.84"N 83°57'33.16"W, the 140 acres of common buckthorn is located at 43°23'29.37"N 83°59'8.74"W (see attached maps for aerial image of locations).

1.6.6 Type of Contract: The government will award a Firm-Fixed-Price Contract.

1.6.7 Security Requirements: Not applicable

1.6.7.1 PHYSICAL Security: Not applicable

1.6.7.2 Key Control. Not applicable

1.6.7.3 Lock Combinations Not applicable

1.6.8 Special Qualifications: FAA license for rotary-wing aircraft operation, State of Michigan Commercial Pesticide applicator license. The contractor is responsible for ensuring all employees possess and maintain current Information Assurance Technician (IAT) Level I professional certification during the execution of this contract."

1.6.9 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 Officers Representative (COR), 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.

1.6.10 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR 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; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 Key Personnel: The follow personnel are considered key personnel by the government: Piolet and a certified pesticide applicator. 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 a.m. to 4:30p.m., Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

Qualifications for all key personnel are listed below: Knowledge of habitat management, plant phenology, and timing of herbicide treatment for effectiveness.

1.6.12 Identification of Contractor Employees: Not applicable

1.6.13 Contractor Travel: Not Applicable

1.6.14 Other Direct Costs: This category includes travel (outlined in 1.6.13), reproduction, and shipping expenses associated with training activities and visits to contractor facilities. It could also entail the renting of suitable training venues.

1.6.15 Data Rights: Not applicable

1.6.16 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 effect 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.

1.6.17 PHASE IN /PHASE OUT PERIOD: Not Applicable.

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. 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.

2.1.3. 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.

2.1.4. 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 ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

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

2.1.12. WORK DAY. 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.

2.2. ACRONYMS: