A04_-_PWS_-_Herbicide_Application.pdf

PERFORMANCE WORK STATEMENT (PWS)

Aquatic Invasive and Woody Vegetation Herbicide Treatment

General Information

1. GENERAL: This is a non-personnel services contract to provide herbicide treatment of approximately 800 acres of woody vegetation at Shiawassee and Ottawa National Wildlife Refuges, approximately 500 acres shall be treated with approved glyphosate (e.g., round up custom pro, aquaneat, or equivalent at max label rate) and a crop oil (e.g., methylated seed oil or equivalent), and approximately 300 acres shall be treated with an aquatic approved triclopyr (e.g., Garlon 3a or Vastlan at max label rate) . While we anticipate treatment of approximately 800 acres, the Government reserves the right to adjust the number of acres to be sprayed, either increasing or decreasing this figure, subject to the availability of funding. Quotes received for the project will be used to establish a per-acre price, and adjustments to the total acreage will be made as necessary at the time of award. 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 herbicide treatment of approximately 800 acres of aquatic invasive and woody vegetation at Shiawassee and Ottawa National Wildlife Refuges. 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 Approximately 500 acres shall be sprayed from September through early November with an aquatic approved glyphosate (e.g., round up custom pro, aquaneat, or equivalent at max label rate) and a crop oil (e.g., methylated seed oil or equivalent), and approximately 300 acres shall be sprayed with an aquatic approved triclopyr (e.g., Garlon 3a or Vastlan at max label rate). The Refuges will work with the selected contractor on timing which will vary based on the tree species, habitat, and phenology. The Service will work directly with the selected contractor and provide maps and an approximate schedule for spraying. The actual days selected to spray will be selected by contractor within the window identified by the Service to account for weather.

1.3 Objectives: The objective of the project is to herbicide treat approximately 800 acres at Shiawassee and Ottawa NWRs to set back succession in a prairie wetland complex and floodplain forests and treat aquatic invasive species.

1.4 Scope: Services include treatment of 800 acres of woody vegetation and aquatic invasive species at Shiawassee and Ottawa NWRs. Contractor shall provide the herbicide outlined in the background section and apply at max label rate. While we anticipate treatment of approximately 800 acres, the Government reserves the right to adjust the number of acres to be sprayed, either increasing or decreasing this figure, subject to the availability of funding. Quotes received for the project will be used to establish a per-acre price, and adjustments to the total acreage will be made as necessary at the time of award.

1.5 Period of Performance: Period of performance for 800 acres of aquatic invasive species and woody vegetation at Shiawassee and Ottawa NWR between September 2025 and early November 2026.

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:

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day

Juneteenth Thanksgiving Day

Independence Day Christmas 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. 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 shall be performed at

Shiawassee and Ottawa NWRs.

1.6.8 Special Qualifications: The Contractor shall, at his/her own expense, obtain any licenses or permits required for herbicide application and any licenses required for specialized application equipment. Permits may be required by the State of Michigan, State of Ohio, local counties, etc.

The Contractor shall comply with all current Federal, State, and local laws and regulations and shall comply with any subsequent changes.

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 shall 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 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. 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:

Eric Dunton, Wildlife Biologist, for all herbicide work at Shiawassee NWR and Ron Huffman, Wildlife Biologist for all herbicide work at Ottawa NWR. 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.

1.6.16 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 shall be determined to be acceptable solely at the discretion of the

Contracting Officer and in the event the Contracting Officer unilaterally determines that any such

OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. 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

CONTRACTOR FURNISHED ITEMS AND SERVICES

(This section is used to identify the materials and equipment that the contractor must provide.

Examples provided below.)

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General (If applicable): 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 (If applicable): Not applicable

4.3. Materials (If applicable). The Contractor shall provide an aquatic approved glyphosate

(e.g.,. round up custom pro, aquaneat, or equivalent at max label rate) and crop oil (e.g., methylated seed oil), aquatic approved triclopyr (e.g., Garlon 3a or Vastlan at max label rate), anti-drift agent, water to fill tank.

4.4. Equipment (If applicable). Contractor is required to demonstrate to the government that equipment can perform the job as specified in the project description. The Contractor shall furnish and maintain sufficient equipment suitable to perform the work, including, but not limited to, spraying equipment. Spraying equipment to be tentatively utilized for this Contract includes spray rig/boom, as well as all equipment needed for mixing and safe storage of herbicide. The spray rig/boom configuration shall provide controlled droplet application. Skips shall not exceed five percent (5%) of area treated. Equipment other than these types shall be proposed to and approved by the Refuge Project Coordinator prior to use. All equipment shall be maintained in safe operating condition in accordance with Manufacturer’s recommendations and in accordance with Federal, State, and local requirements. In the event of damage or breakdown, the Contractor is responsible for all repairs or replacements; the Contractor shall provide prompt repairs or alternative equipment at their expense and the Government shall accrue no additional costs.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall provide services for treatment of approx. 800 acres of aquatic invasive species and woody vegetation at Shiawassee and Ottawa NWR and shall be sprayed from September through early November at max label rates. Timing will vary based on the tree species, habitat, and phenology of plant based on weather during the growing season.

The Service will work directly with the selected contractor and provide maps and an approximate schedule for spraying. The actual days selected to spray will be selected by contractor within the window identified by the Service to account for weather.

TECHNICAL EXHIBIT 1 of 1

Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective (The Service required—usually a shall statement)

Standard Performance Threshold

(This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of Surveillance

PRS # 1.

The contractor shall treat approx.

500 acres of woody vegetation or aquatic invasive species at

Shiawassee and Ottawa NWRs.

Using an aquatic approved glyphosate (e.g.,. round up custom pro, aquaneat, or equivalent at max label rate), crop oil (e.g., methylated seed oil), anti-drift agent, for application between:

September 1, 2025 - November 15, 2025 and

September 1, 2026 – November 15, 2026.

Complete coverage of target area with approved pesticide during window identified in contract.

The Service will monitor effectiveness of herbicide treatment.

PRS # 2

The contractor shall treat approx.

300 acres of woody vegetation or aquatic invasive species at

Shiawassee and Ottawa NWRs.

Using aquatic approved triclopyr

(e.g., Garlon 3a or Vastlan at max label rate), crop oil (e.g., methylated seed oil), anti-drift agent, for application between:

September 1, 2025 - November 15, 2025, and

September 1, 2026 – November 15, 2026.

Complete coverage of target area with approved pesticide during window identified in contract.

The Service will monitor effectiveness of herbicide treatment.