A04_Performance_Work_Statement_Ecological_Impact_to_Large_Mammals.pdf

PERFORMANCE WORK STATEMENT (PWS)

Assessing and mitigating potential ecological impacts to large mammals from border barrier system construction and installation in South Texas, USA

Part 1

General Information

1. GENERAL:

This is a non-personnel services contract supporting work assessing if and how border barrier system construction and installation may have affected the US-Mexico transboundary movements and population densities of large mammals inhabiting the border region of South Texas. If population transboundary movements and population densities are negatively affected by border barrier system construction and installation, then this contract also supports identifying mitigation activities and conducting that mitigation. The species considered include the black bear (Ursus americanus) (State threatened) and mountain lion (Puma concolor). Dispersal of these species into the United States from Mexico appears to maintain the populations of these charismatic and ecologically important wildlife species in South and West Texas.

This contract work supports an objective assessment to examine how border barrier system construction and installation may have affected the transboundary movements, population fragmentation and population densities of these species, increasing the threat of their extirpation in Texas. If any negative effects of the border barrier system are revealed on these species transboundary movements and population densities in south Texas then Customs and Border Patrol (CBP) and the United States Fish and Wildlife Service, acting as partners in conservation efforts, support contract work for remediating any negative effects. Mitigation activities can include (but are not limited to) pursuing appropriate types and amounts of work to help recover populations of these species within the border region of south Texas. The concerns of border wall construction and activity, and therefore this scientific and mitigation work, focus on potential affects occurring at the population level (not on individual animals), that may affect the persistence of these species’ populations and/or jeopardize the recovery of these species in South Texas.

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 assess if and how border barrier system construction and installation may have affected the US-Mexico transboundary movements and population densities of large mammals inhabiting the border region of South Texas, United States, 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. If negative effects are found, contract work supports mitigation activities to offset those effects.

1.2 Background:

Historically, black bears and mountain lions routinely made trans-boundary movements between Texas and Mexico. Presently, according to the Texas Parks and Wildlife Department, no confirmed black bear or mountain lion reports or populations have been confirmed from Cameron and Hidalgo Counties since 2000. Confirmed reports of black bears and mountain lions come from Star and Zapata Counties, with confirmed populations occurring along the southwestern border of Texas. These 4 counties (Cameron, Hidalgo, Star and Zapata) form the focal area for objectively assessing how the border barrier system construction and installation have affected trans-boundary movements of black bears and mountain lions.

If this assessment reveals that border barrier system construction and installation has generated negative effects on these species, then this contract also supports mitigation work to offset these effects. Mitigation must be appropriately address the issue and occur in South Texas locations amenable to offsetting any negative effects of border barrier system construction and installation on black bears and mountain lions.

This contract support three phases of work. The first phase supports research to objectively identify the effects of border wall construction and installation on US-Mexico transboundary movements, population fragmentation and population densities of black bears and mountain lions along the Texas border with Mexico. The second phase identifies mitigation measures, if phase 1 reveals negative effects of border wall construction and installation on US-Mexico transboundary movements, population fragmentation and population densities of black bears and mountain lions along the Texas border with Mexico. Within this second phase, the contract supports work to identify potential mitigation actions required and sites for mitigation to occur, for offsetting any negative effects found in phase one. The third and final phase of this contract supports implementing these mitigation measures. Conducting and completing this mitigation work is aimed to alleviate any negative impacts of border wall construction and installation on US-Mexico transboundary movements, population fragmentation and population densities of black bears and mountain lions along the Texas border with Mexico.

This contract work occurs in close collaboration with the United States Fish and Wildlife Service, Customs and Border Patrol, the Texas Parks and Wildlife Department, public and private landowners within Texas. 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.

1.3 Objectives (Tasks): The service objectives are as follows:

1. Conducting research to identify potential impacts to US-Mexico transboundary movements, population fragmentation and population densities of black bears and mountain lions along the Texas-Mexico border caused by the border barrier system construction and installation.

2. Identify the appropriate types and amounts of mitigation work required to offset any potential adverse effects of border wall construction and activity on black bears and mountain lions US-Mexico transboundary movements, population fragmentation and population densities.

3. Promoting the recovery of black bears and mountain lions by implementing mitigation work to offset any adverse effects on their transboundary movements, population fragmentation and populations densities caused by border wall construction and activity in south Texas.

1.4 Scope: Services include the following tasks.

Contract accomplishments and measurables are in italics.

Task #1: Research identifying potential impacts to US-Mexico transboundary movements, population fragmentation and population densities of black bears and mountain lions along the Texas-Mexico border caused by the border barrier system construction and installation.

Contracted work supports objective research identifying if and how the border barrirer system construction and installation has negatively affected populations and recovery of black bears and mountain lions within South Texas. Focal counties for this task include Cameron, Starr, Hidalgo, and Zapata. Research topics center on how border barrier system construction and installation have affected US-Mexico transboundary movements, population fragmentation and population densities of these species, thereby increasing the threat of their extirpation within the Texas border region. This work incorporates a comprehensive literature review on how barriers affect large mammal dispersal, movements, population fragmentation and population densities especially for black bears and mountain lions. This literature review must occur prior to conducting any on-the-ground activity to avoid any research duplication and to ensure any new research provides novel insight and focused application to the black bears and mountain lions in this area.

1. Contractor produces a peer-reviewed scientific review describing how human made barriers (e.g. fencing, walls, barriers) affect movements, trans-boundary movements, population fragmentation and population densities of large mammals, with focus on black bears and mountain lions. A report of findings should be provided to USFWS prior to formulating this document for peer review, to ensure information is provided to the USFWS in a timely manner.

2. Based on the results of the review, generate at least 1 peer reviewed study presenting results from on-site research to evaluate specific effects of the border wall and its operation to black bear and mountain lion US-Mexico transboundary movements, population fragmentation and population densities in south Texas.

3. Contractor is required to produce yearly reports submitted to USFWS describing research work conducted for black bears and mountain lions conducted herein.

Task #2: Identify the appropriate types, amounts and potential locations of mitigation work required to offset any potential adverse effects of border barrier system construction and installation on black bears and mountain lions US-Mexico transboundary movements, population fragmentation and population densities

This contract supports research identifying the type and scale of mitigation required to offset any adverse effects of border barrier system construction and installation on US- Mexico transboundary movements, population fragmentation and population densities to enhance recovery of black bears and mountain lions in south Texas, identified in Task 1.

Such work would identify mitigation actions required, amount of mitigation, and sites for mitigation to occur, for offsetting any negative effects on black bears and mountain lions identified in Task one. Mitigation must be appropriately address the issue and occur in South Texas locations amenable to offsetting any negative effects of border barrier system construction and installation on black bears and mountain lions.

Contractual outputs include the development and submission of a final mitigation plan to the USFWS and CBP describing the type of mitigation work, amount of mitigation work, methods for conducting mitigation, and location of mitigation work to pursue for each of the affected species (if affects are found from Task #1). This plan must include justification for the types, amount, methods and location of mitigation and descriptions for how the work can be monitored to demonstrate its effectiveness in improving these species populations and future recovery in Texas. This plan must be approved by USFWS and CBP contract officials prior to conducting any on-the-ground mitigation work.

Task #3: Promote recovery of black bears and mountain lions by implementing mitigation work to offset any adverse effects on their transboundary movements, population fragmentation and populations densities caused by border wall construction and activity in south Texas.

If Task 1 identifies that border barrier system construction and installation has negatively affected black bear and mountain lion transboundary movements, population fragmentation and populations densities in south Texas, and Task 2 identifies appropriate mitigation measures that if pursued would offset those population level effects to subsequently improve recovery of these species, then the following work supports implementation of that mitigation. This work must be appropriate in type, for example, work that accomplishes (but is not limited to) habitat restoration, building habitat connectivity, improving US-Mexico transboundary movements, and species reintroductions. Mitigation work must occur an appropriate geographical scale to generate measurable differences toward improving black bear and mountain lion populations and their recovery in South Texas. Mitigation must occur in South Texas locations amenable to offsetting any negative effects of border barrier system construction and installation on black bears and mountain lions.

If negative effects of border barrier system construction and installation are found on populations and future recovery of these species (results from Task #1), and appropriate types and amounts of mitigation work have been identified to offset those effects (results from Task #2), then the mitigation work (Task #3) would be implemented.

Contract supports the implementation of the mitigation work if the mitigation plan(s) receive USFWS and CBP approval. Contractor must submit yearly reports describing the type of mitigation work accomplished, methods of accomplishment, and quality and quantity of mitigation work accomplished. At a minimum, the mitigation work must match the amount of negative effects that border construction and activity have reduced black bear and mountain lion movements, population sizes and their recovery within Texas.

Contractor must submit a final report describing the type of mitigation work accomplished, methods of accomplishment, and quality and quantity of mitigation work accomplished.

Task 4: Final project report.

A final project report will be generated and submitted to the USFWS documenting and describing all project activity: research and mitigation. All geospatial data collected should be organized with metadata produced, and then provided to the USFWS.

1.5 Period of Performance: The period of performance shall begin on date of contract approval and operate up to 9/30/2027

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 themselves that their 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 the Quality Assurance Surveillance Plan. 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).

1.6.3 Recognized Holidays: The contractor is required to perform services on holidays for work involving the care and welfare of live animals in captivity or potentially trapped, if traps remain active over holiday periods. Contractor must also be prepared for emergencies to ensure the viability of any collected and held biological specimens used in captive propagation.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Indigenous Peoples Day

President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Day Christmas Day Independence Day

1.6.4 Hours of Operation: The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. 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 on private and public lands throughout South Texas.

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

1.6.7 Security Requirements: Not applicable

1.6.16 PHYSICAL Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use.

1.6.16 Key Control: Not applicable

1.6.16 Lock Combinations: The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.6.8 Special Qualifications:

This contract requires a cooperating agency(ies) having much experience and demonstrated rapport working constructively, positively and successfully with Texas Parks and Wildlife, nongovernmental organizations, Universities, public and private landowners on capture, tracking and research of large mammals in South Texas, especially black bears and mountain lions.

The Contractor shall, without additional expense to the Service, be responsible for obtaining any licenses and permits in a timely fashion, and for complying with any applicable State and Federal laws, codes, and regulations in connection with prosecution of the work.

1.6.9 Post Award Conference/Periodic Progress Meetings: After contract award, the Contractor agrees to attend and participate in meetings with FWS, CBP, United States Geological Survey (USGS) and other collaborators to discuss the project work, refine methods and clarify projected contractual accomplishments. 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.

Project meetings shall be conducted periodically to enable orderly review during the progress of the work and to provide systematic resolution of problems. The Contractor’s representative and other responsibility employees shall attend and participate in these meetings. The Contractor’s representative shall have the authority to commit the Contractors to activities under the Contract.

Progress meetings can be held at or near the Project Site. Progress meetings may be conducted via telephone conference call.

A Kick-Off Meeting shall be held before the Contractor begins any work on the project.

The Contractor shall ensure attendance by an individual authorized to sign the Contract, its Project Manager, superintendent, and major subcontractors. The Kick-Off meeting will be conducted via video conference call. Date and information on at least the following topics will be distributed and discussed.

a. Organization

b. Responsibilities and authority of the COR, IQAR, and other personnel.

c. Contract documents, including distribution of the required copies of the original documents and revisions.

d. Channels and procedures for communication.

e. Discuss all deliverables that are required to be submitted prior to this meeting.

f. Bonds, insurance requirements, permits, and proof of compliance

g. Work Plan and Work Schedule

h. Payments

i. Field decision and change orders

j. Rules and regulations governing performance of the work

k. Procedures for safety, first aid, security, quality control, and housekeeping

l. Reports

m. Permits

n. Government contact information

o. Collaboration between Contractor, Sub Contractor, USFWS and interested parties.

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 following personnel are considered key personnel by the government: 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. Central Time, Monday thru Friday, except Federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below:

Contract Specialist: Lauretha Randle, Email: Lauretha_Randle@fws.gov Contracting Officer’s Representative: TBD Project Manager: TBD Refuge Point of Contact: Grant Harris, Email: Grant_Harris@fws.gov

1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, 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. Contractor personnel are not required to obtain and wear badges in the performance of this service.

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 mailto:Lauretha_Randle@fws.gov mailto:Grant_Harris@fws.gov 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. Mountain Time, Monday thru Friday, except Federal holidays or when the government facility is closed for administrative reasons.

1.6.13 Contractor Travel: All travel pursued by the Contractor are under the responsibility of the Contractor with costs already included in the contract budget.

1.6.14 Other Direct Costs: Inapplicable.

1.6.15 Payments: An itemized invoice shall be submitted at least monthly, attached to invoice shall be monthly progress reports documenting work performed.

1.6.16 Data Rights: Documents and materials are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.17 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.

1.6.18 PHASE IN /PHASE OUT PERIOD: Inapplicable.

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:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will provide key personnel during the full term of the contract for collaboration, questions or need for clarification.

3.2 Facilities: The Government may provide housing at Laguna Atascosa NWR or Lower Rio Grande Valley NWR if room exists.

3.3 Utilities; The Government will provide no utilities.

3.4 Equipment: The Government will provide no equipment.

3.5 Materials: The Government will provide no materials.

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 PWS.

4.2 Secret Facility Clearance: Not applicable.

4.3. Materials: The Contractor shall furnish all materials, supplies, and equipment necessary to meet the requirements under this PWS.

4.4. Equipment. The Contractor shall furnish all supplies, and equipment necessary to meet the requirements under this PWS.