A04_PWS___NM_Bitter_Lake.docx

PERFORMANCE WORK STATEMENT (PWS)

North Tract Firebreak Repair Project on the Bitter Lake National Wildlife Refuge

Part 1

GENERAL INFORMATION

1. GENERAL: This is a non-personnel services contract to provide soil leveling and vegetation clearing/mastication to repair an existing firebreak for the US Fish and Wildlife Service. 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:

Base Award: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personnel services necessary to perform mechanical soil leveling and vegetation mastication of an approximately 19-mile firebreak on the Bitter Lake National Wildlife Refuge (NWR) 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:

The Bitter Lake NWR is seeking to repair a firebreak that primarily follows the boundary of its North Tract unit. The North Tract is 12,269 acres, of which 9,620 acres are designated as wilderness (named the Salt Creek Wilderness Area). The Pecos River and Salt Creek both run through the refuge; the Pecos has at least low levels of water throughout the year, but water levels swiftly rise when the State of New Mexico conducts block releases to move water from reservoirs. The North Tract is surrounded by a mix of private land and Bureau of Land Management land.

The firebreak is used by fire personnel as a line they can safely work from to contain prescribed burns or wildfires; as such, the firebreak should be 100% clear of vegetation and level enough to be drivable in UTVs, four-wheel drive (4WD) vehicles, and heavy equipment. Vegetation clearing is especially important because any vegetation left in the firebreak could catch fire during a burn and prevent fire personnel from containing the fire within the refuge. This firebreak was last cleared in the late 1990s, but sediment build-up and lack of regular maintenance allowed vegetation to move in. Clearing would involve utilizing heavy equipment such as road graders, dozers, and mastication equipment, which would be determined in cooperation with the contractor. Vegetation in the area is mainly composed of grass, salt cedar, and mesquite. Terrain is variable from flat grasslands to sloping terrain. The overall goals are to increase the safety for prescribed burns on the refuge and decrease the risk of a wildfire starting on Bitter Lake NWR and spreading onto private land.

1.3 Objectives:

• Clear a 12’-wide firebreak along the North Tract boundary using heavy equipment (e.g., dozer, road grader, etc.) by leveling the soil. Any large holes in the firebreak should be filled in during the leveling process. If windrows are created from heavy equipment while leveling/grading the firebreak, they shall be left on the outside of the firebreak and not in the middle. This is critical to ensure any vegetation that was rooted up remains outside of the firebreak itself.

• Mechanically masticate all standing vegetation (mesquite, salt cedar, grass, etc.) within the 12’-wide fire break and along the boundary fence line (adjacent to the firebreak). Thinner vegetation like grass may be removed while leveling/grading the firebreak as described in the previous objective, but the firebreak should be free of vegetation after both jobs are completed.

• The firebreak should be drivable with UTVs, 4WD vehicles, and heavy equipment following the soil leveling and mastication work.

1.4 Scope:

The contractor can only access the area only during dry times and/or during times preapproved by Bitter Lake NWR staff. If the areas are too wet to handle heavy equipment, the work will be postponed in that specific area to minimize soil damage.

1.5 Period of Performance:

Base Award: The period of performance for this project shall be 6 months, beginning whenever the contract is successfully awarded. The period of performance would ideally start as early in 2023 as possible.

1.6 General Information:

Travel is restricted to existing roads and the firebreak itself; no off-road driving is permitted in any type of vehicle or equipment. Options for site access and all equipment storage and environmental concerns will be addressed during project meetings.

1.6.1 Quality Control:

N/A.

1.6.2 Quality Assurance:

The government shall evaluate the contractor’s performance under this contract in accordance with this Performance Work Statement. 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 perform work on any Federal holidays during the period of performance. These include: New Year’s Day, Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

1.6.4 Hours of Operation:

The contractor is responsible for conducting business between the hours of sunrise to sunset Monday through Friday, except for Federal holidays at the Contractor’s option. The Contractor may seek permission from Bitter Lake NWR staff to conduct business on Saturday and Sunday as well, but this must be approved by the refuge prior to any work beginning on these days. The Contractor must always 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 Bitter Lake NWR. The project site is approximately 17 miles Northeast of Roswell, NM off of US Highway 70. The nearest basic facilities are located in Roswell, NM. The Bitter Lake NWR headquarters are located approximately 18 miles South of the project site.

1.6.6 Type of Contract:

The government intends to award a firm-fixed price contract.

1.6.7 Gate Locks:

The project site is located within publicly accessible areas; however, a key will be issued for the main refuge gate as public access is limited to walk-in only.

1.6.8 Post Award Conference/Periodic Progress Meetings:

The Contractor agrees to attend any post-award conferences convened by the contracting activity or contract administration office. The contracting officer, Technical Representative (TR), 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.

1.6.9 Technical Representative (TR):

The (TR) will be Milton Harper at 575-420-8100. The TR monitors all technical aspects of the contract and assists in contract administration. The TR 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, and specifications; monitor Contractor's performance and notify 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 TR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the TR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The TR is not authorized to change any of the terms and conditions of the resulting order.

1.6.10 Key Personnel:

The following personnel are considered key personnel by the government: Contract Manager and Site Project Leader. 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 5:00 p.m., Monday through Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.11 Identification of Contractor Employees:

All contract personnel attending meetings 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.

1.6.12 Contractor Travel:

Contractor will be responsible for all travel cost and scheduling of travel.

1.6.13 Other Direct Costs:

At the contractor’s option, partial payments can be made to cover the cost of equipment and materials obtained by the contractor for this project. Final payment will be made upon Refuge acceptance following total completion of the project by the contractor. Upon completion and acceptance of all work and receipt of a proper invoice, the contractor will be paid the balance of the firm/fixed-price of the contract.

1.6.14 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 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. Technical Representative (TR)

An employee of the U.S. Government appointed by the contracting officer to represent the government on site. 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 CONTROL

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

2.1.10. SUBCONTRACTOR

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

2.1.11. WORKDAY

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.

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will not provide any services for this contract.

3.2. Facilities: The Government will not provide and facilities for this contract.

3.3. Utilities: The Government will not provide any utilities for this contract.

3.4. Equipment: The Government will not provide any equipment for this contract.

3.5. Materials: The Government will not provide any materials for this contract.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General:

The Contractor shall furnish all supplies, equipment, facilities, labor, and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.1.1 Equipment:

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

PART 5

SPECIFIC TASKS

5. SPECIFIC TASK:

The contractor will conduct an initial site visit with Bitter Lake NWR staff for access arrangements and to ensure proper identification of the project site and firebreak. Contractor will then mobilize their heavy equipment. When vegetation is masticated, care needs to be given to leave trees and debris as small as reasonably possible with the type of machine. 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.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable Federal and State regulations and laws applicable to this project.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. PROJECT MAPS:

7.1. See attached map on the following page.

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