A04_PWS-Hagerman_Mechanical_Clearing-final.docx

PERFORMANCE WORK STATEMENT (PWS)

Hagerman National Wildlife Refuge Boundary Fuel Reduction

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide mechanical vegetation removal at Hagerman National Wildlife Refuge (HNWR), Grayson County, 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.

1.1 Description of Services/Introduction:

1.1.1 Base Award: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform mechanical clearing of about 89 acres at HNWR as defined in this Performance Work Statement (see Figure 2). Those items specified as government furnished property and services, below, are excluded. The contractor shall perform to the standards in this contract.

1.1.2 Option Year 1: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform mechanical clearing of an additional 89 acres (more or less) at HNWR as defined in this Performance Work Statement (see Figure 2). Those items specified as government furnished property and services, below, are excluded. The contractor shall perform to the standards in this contract.

1.1.3 Option Year 2: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform mechanical clearing of an additional 89 acres (more or less) at HNWR as defined in this Performance Work Statement (see Figure 2). Those items specified as government furnished property and services, below, are excluded. The contractor shall perform to the standards in this contract.

1.1.4 Option Year 3: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform mechanical clearing of an additional 89 acres (more or less) at HNWR as defined in this Performance Work Statement (see Figure 2). Those items specified as government furnished property and services, below, are excluded. The contractor shall perform to the standards in this contract.

1.2 Background: HNWR seeks to mechanically thin portions of the refuge boundary. These areas contain dense stands of undesirable woody species primarily comprised of mature eastern red cedar, winged elm, honey locust, and bois d’arc. The overall goal is to reduce wildfire risk and associated damage to private land and oil and gas infrastructure both on and off the refuge.

1.3 Objectives:

· Create a 120-foot-wide fuel break around the refuge by removing or thinning existing and mostly undesirable woody vegetation therein.

· Allow for more burnable acres on the refuge through creation of the fuel break which will be used to support prescribed fire applications

· Improve refuge access to enhance management and emergency response capabilities

1.4 Scope: The contactor will create a 120-foot-wide fuel break along identified portions of the boundary excluding areas inundated by water. All sanding trees within 20’ of the boundary line will be mechanically removed or masticated unless they are high-value trees marked by HNWR staff. In these cases, the 20-foot cleared line will not be straight for the purpose of avoiding the marked trees. An additional 100-foot-wide section, beginning at the edge of the 20-foot-wide cleared section, will be mechanically thinned to remove all undesirable woody vegetation (e.g., eastern red cedar, winged elm, honey locust, and bois d’arc). All oak and hickory trees with a DBH of six inches or greater existing within the 100-foot-wide section will be left undisturbed.

The contractor may only use tracked and wheeled machines that provide the lowest ground pressure possible during their operations. No digging, grubbing, or pushing of vegetation shall occur. Mastication and cutting with saws or equipment is permitted. All stumps must be cut flush with ground level. Masticated material shall be evenly distributed and not average more than eight inches in depth on the ground. Trees too large to masticate will be removed from the site or burned on-site using fire boxes, or other efficient means that will not create a wildfire threat. No pile burning will be permitted. The contractor can access the area only during dry times and/or during times preapproved by refuge staff. If the areas are too wet to handle heavy equipment, the work will be postponed in that specific area to minimize impacts to wildlife habitats and soils.

1.5 Period of Performance: The base award is estimated to be established for a 6 month period with three (3) 6-month option years. The periods outlined for the base and options are subject to change prior to award depending on timelines received in response to the solicitation.

1.6 General Information: All units where mastication will occur have primitive two-track road access or better. If additional road construction for access is required, refuge staff will perform the necessary work. Options for site access and all equipment storage and environmental concerns will be addressed during project meetings.

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 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 not required to work on these holidays but may if they choose.

1.6.4 Hours of Operation: All work on this contract maybe be conducted Sunday through Saturday from Sunrise to sunset. No work is to be performed by the contractor outside of normal work hours unless it has been requested and agreed on by the COR. 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 Hagerman National Wildlife Refuge, 6465 Refuge Road Sherman, TX 75092-5817.

1.6.6 Type of Contract: The government will award a fixed price contract as a result of this solicitation.

1.6.7 Security Requirements: Contractor shall ensure any gates unlocked for access will be locked behind them once entry into an area has occurred to prevent public access. At no time, other than periods of immediate ingress and egress, shall refuge gates be left open or unlocked.

1.6.7.1 PHYSICAL Security: Not applicable

1.6.7.2 Key Control. Not applicable

1.6.7.3 The Contractor shall provide and install their own gate locks to be linked in series with refuge locks. Locks may be installed, in coordination with the Contracting Officer Representative, when the contract is awarded. The Contractor shall establish and implement methods of ensuring that all lock combinations or keys are not revealed or given to unauthorized persons. The Contractor shall ensure that lock combinations are changed or keys are retrieved when personnel no longer have an authorized need for site access. These procedures shall be included in the Contractor’s Quality Control Plan.

1.6.8 Special Qualifications: Not applicable

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 regarding 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: Paul Balkenbush Deputy Refuge Manager 580-624-0899 or Kathy Whaley Refuge Manager 903-327-3889. 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 during normal business hours, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

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.

1.6.13 Contractor Travel: NA

1.6.14 Other Direct Costs: NA

1.6.15 Data Rights: NA

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: NA

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:

PART 3

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.

4.2 Secret Facility Clearance: Not applicable

4.3. Materials. The Contractor shall furnish all materials to adequately perform the requested job.

4.4. Equipment. The Contractor shall furnish all equipment to adequately perform the requested job.

PART 4

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. 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 ensure any oak or hickory tree above 6 inches DBH is left inside the 100’ wide work area. Soil and ground disturbance is expected due to the nature of heavy equipment, however the contractor should make attempts to fill in, or smooth over the cleared areas to minimize large ruts and tracks left behind.