A04_-_SoW.pdf

Eradication Level Surveys for Caulerpa prolifera in South San Diego Bay, Including the San Diego Bay National Wildlife Refuge and

Port of San Diego Submerged Lands, County of San Diego, California

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to conduct surveys for Caulerpa prolifera in total of approximately 100 combined acres at the Eradication Level1 in South San Diego Bay, including 55 acres on the San Diego Bay National Wildlife Refuge (NWR) and 45 acres on the Port of San Diego submerged lands (Figure 1, North Survey Area), and the treatment of any C. prolifera infestations found during the surveys. 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 conduct Eradication Level surveys for C.

prolifera in South San Diego Bay, including the San Diego Bay NWR and Port of San Diego submerged lands, and the treatment of any C. prolifera infestations found during the surveys, as defined in this Performance Work Statement (PWS) 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 purpose of this contract is to survey high priority habitat areas at significant risk of infestation from the April 2024 discovery of the highly invasive algae C. prolifera within the San Diego Bay NWR. The results of these and additional future surveys will inform whether additional eradication and invasive species management responses are necessary to address this emerging threat to San Diego Bay’s ecosystem.

Caulerpa prolifera forms a dense smothering blanket of growth on any surface (rock, sand, sediment, or mud) and is capable of extremely rapid growth (up to one inch per day). This invasive alga can easily expand by sending out runners, reproducing sexually, and dispersing through frond fragmentation, enabling rapid spread further into the San Diego Bay NWR and on to Port of San Diego submerged lands if not eradicated quickly from the Coronado Cays and south San Diego Bay. Caulerpa prolifera is well-documented as having aggressively displaced native habitats when introduced in California, Australia, and the Mediterranean Sea.

Caulerpa prolifera was first discovered in San Diego Bay in September 2023 within Antigua Village at the Coronado Cays. The Southern California Caulerpa Action Team (SCCAT) was mobilized to address the September 2023 discovery. In October 2023, the

1 For this Performance Work Statement, the definition of Eradication Level surveys is revised to only include qualified and experienced SCUBA divers and to exclude the use of remote camera transects.

SCUBA diver qualifications are described under Task 2.

Port of San Diego hired Marine Taxonomic Services (MTS) to treat the first known occurrence of C. prolifera and to perform additional Eradication Level surveys in the vicinity of Antigua Village at the Coronado Cays. The Port-funded surveys discovered a wider infestation of C. prolifera in Antigua Village and the adjacent boat channel. In December 2023, the Port of San Diego and the City of Coronado issued emergency declarations for the infestation of C. prolifera at the Coronado Cays based on the discovery of additional populations and the significant threat to the biological resources of San Diego Bay. In April 2024, the early detection surveys discovered several clusters of C. prolifera in the San Diego Bay NWR. The Port of San Diego has also expanded the local emergency declaration to include south San Diego Bay.

1.3 Objectives: The objective is to conduct Eradication Level surveys for C. prolifera in South San Diego Bay, including the San Diego Bay NWR and Port of San Diego submerged lands, to determine the potential for the infestation within San Diego Bay NWR to spread within and beyond the San Diego Bay NWR and into San Diego Bay, and to treat any C. prolifera infestations found during surveys. The discovery of additional populations of C. prolifera in South San Diego Bay has triggered an expanded and aggressive eradication effort to prevent C. prolifera from destroying the ecology of San Diego Bay and the ensuing economic and public safety impacts of a widespread infestation.

1.4 Scope: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, and supervision to implement the below tasks:

Task 1: Develop Survey Design. Provide a survey design for conducting Eradication Level surveys for C. prolifera in South San Diego Bay, including the San Diego Bay NWR and Port of San Diego submerged lands (Figure 1). The survey design shall be developed in consultation with the USFWS, in coordination with the SCCAT, by participation in Teams meetings, SCCAT Teams meetings, and via electronic mail. The survey design will employ methods and survey intensities identified in Southern California Caulerpa Action Team Rapid Response and Eradication Plan for the Invasive Green Alga Caulerpa prolifera in San Diego Bay and Adaptive Management Memorandum #1 (November 2023), Adaptive Management Memorandum #2 (December 2023), and Adaptive Management Memorandum #3 (May 2024). The survey design shall include the ability to perform a minimum of approximately 100 acres of Eradication Level surveys. For efficiency, survey transects will be equal to or in increments of 400-meters in length. The final survey locations within south San Diego Bay and timing of surveys will be determined under the direction of the Contracting Officer’s Representative (COR) in consultation with the SCCAT. The final survey design document must be provided to the USFWS and must be approved by the COR prior to implementation.

Task 2: Conduct Caulerpa Surveys. Conduct a systematic and comprehensive survey for C. prolifera based upon the approved survey design. The Contractor shall only use SCUBA divers that have passed the Caulerpa surveyor certification exam administered by the National Oceanic and Atmospheric Administration (NOAA) and have a minimum of 8 hours of experience surveying for C. prolifera. The Contractor shall provide dive boats, boat operators, topside staff, and equipment to conduct the surveys, as needed. The Contractor shall provide a short summary of weekly survey results (number of divers, general location of surveys, and any problems with surveys) to the COR by the Wednesday of the following week. If any Caulerpa is found, the COR and appropriate contacts at the National Marine Fisheries Service2, California Department of Fish and Wildlife3, and San Diego Regional Water Quality Control Board4 shall be notified within 24 hours of the observation(s), with the location identified using a defined geographic coordinate system. Any C. prolifera infestations found during the surveys will be treating with a combination of mesh, rock salt, and benthic barriers.

Task 3: Provide Survey Results Report. Document the survey results in a written report and provide to the USFWS COR. The survey report should document the methodology, survey area coverage, results, and conclusions. The survey report should include the survey dates and maps depicting the survey area including the location of transects, level of coverage intensity, and presence of eelgrass. Any observations of Caulerpa should be clearly marked on the maps along with treatment area of benthic barriers. Contractor shall provide geospatial data in the NAD83 (2011) geographic coordinate system (EPSG:

6318) or the NAD83 geographic coordinate system (EPSG: 4269), with no projection applied. The unit of measure for any coordinates provided shall be decimal degrees.

Coordinate system and unit of measure requirements do not apply to display maps used in reports, presentations, or other derived products. Contractor shall deliver data and metadata to the Government without restrictive markings and with unlimited rights as in FAR 27.404-1. Data, metadata, and other deliverables are property of the U.S.

Government.

Task 4: Provide Caulerpa Survey Results Updates and Survey Results Report to SCCAT.

Contractor shall attend SCCAT coordination Teams calls and report on the status of the Caulerpa surveys and draft and final survey results report.

1.5 Period of Performance: The period of performance shall be two years from the date of the contract award. The contractor shall provide the COR with the draft survey design (Task 1) within ten working days of contract award and shall finalize the survey design within five working days of receipt of comments from the COR. The COR shall provide written acceptance of the final survey design to the Contractor. The Contractor shall initiate surveys (Task 2) within ten working days of receipt of the COR’s written acceptance of the final survey design. The Contractor shall complete the surveys within 60 working days. The Contractor shall provide the draft survey results report (Task 3) to the COR within 30 days of the completion of the surveys and shall finalize the survey results report within five working days of receipt of comments from the COR. The COR shall provide written acceptance of the final survey results report.

1.6 General Information

2 By email to bryant.chesney@noaa.gov and nmfs.wcr.caulerpa@noaa.gov 3 By email to eric.wilkins@wildlife.ca.gov and Caulerpa@wildlife.ca.gov.

4 By email to jeremy.haas@waterboards.ca.gov mailto:bryant.chesney@noaa.gov mailto:nmfs.wcr.caulerpa@noaa.gov.or mailto:Caulerpa@wildlife.ca.gov

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 themself 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 not required to perform services on holidays.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day Presidents’ Day Veterans Day Memorial Day Thanksgiving Day Juneteenth National Independence Day Christmas Day Independence Day

1.6.4 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 7:00 am and 5:00 pm 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 in waters and submerged lands within South San Diego Bay, including the San Diego Bay NWR.

1.6.6 Type of Contract: The government will award a (Type of contract to be determined by CO and the customer).

1.6.7 Security Requirements

1.6.7.1 Physical Security: The Contractor shall be responsible for safeguarding all of their equipment, supplies, and property.

1.6.7.2 Key Control: Not applicable

1.6.7.3 Lock Combinations: Not applicable

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 (FAR) Subpart

42.5. The Contracting Officer, 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’s 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, 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 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: Contract Manager. 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 Contract 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 am and 4:30 pm, Monday through Friday except Federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below: The Contract Manager should have a graduate degree

(Masters/PhD) with at least 15 years of experience and at least 10 years of experience working in estuarine/marine resource management applications.

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.

1.6.13 Contractor Travel: Not applicable

1.6.14 Other Direct Costs: Not applicable

1.6.15 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government-owned and 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.

1.6.16 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 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.

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; 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 SCCAT Southern California Caulerpa Action Team TE Technical Exhibit USFWS U.S. Fish and Wildlife Service

PART 3

GOVERNMENT-FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT-FURNISHED ITEMS AND SERVICES:

3.1. Services: Not applicable

3.2 Facilities: Not applicable

3.3 Utilities: Not applicable

3.4 Equipment: Not applicable

3.5 Materials: Not applicable

PART 4

CONTRACTOR-FURNISHED ITEMS AND SERVICES

4. CONTRACTOR-FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities, permits (if needed), 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 provide all materials to meet the requirements under this PWS.

4.4. Equipment: The Contractor shall provide all equipment to meet the requirements under this PWS.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall provide services to conduct surveys for C.

prolifera in approximately 100 combined acres at the Eradication Level in South San Diego Bay, including the San Diego Bay NWR (55 acres) and Port of San Diego submerged lands (45 acres).

Task 1: Develop Survey Design. Provide a survey design for conducting Eradication Level surveys for C. prolifera in South San Diego Bay, including the San Diego Bay NWR (Figure 1) and Port of San Diego submerged lands.

Task 2: Conduct Caulerpa Surveys and Treat Any Caulerpa Found

Task 3: Provide Survey Results Report

Task 4: Provide Caulerpa Survey Results Updates and Survey Results Report to SCCAT

Deliverable Task

Description Form Date Completed

5.2 Submit draft survey design Electronic written

format to COR

Within 10 working days of award

5.3 Submit final survey design Electronic written

format to COR

Within 5 working days of receipt of comments from

COR5

5.4 Initiate Caulerpa surveys Electronic written

format to COR of start of survey

Within 10 working days COR acceptance of final survey design

5.5 Weekly status report of

Caulerpa surveys

Electronic written format to COR

Wednesday of the following week

5.6 Complete Caulerpa surveys Electronic written

format to COR of completion of survey

Within 60 working days of start of surveys

5 The COR shall provide written acceptance of the final survey design to the Contractor.

Deliverable Task

Description Form Date Completed

5.7 Submit draft survey results

report

Electronic written format to COR

Within 30 working days of completion of surveys

5.8 Submit final survey results

report

Electronic written format to COR

Within 5 working days of receipt of comments from

COR6

5.9 Provide Caulerpa survey

results updates and survey results report to SCCAT

Attendance at SCCAT Teams meetings

SCCAT Teams meetings

6 The COR shall provide written acceptance of the final survey results report to the Contractor.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS):

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1: Performance Requirements Summary

7.2. Attachment 2: Figure 1 Survey Area for Caulerpa prolifera in south San Diego Bay.

7.3. Attachment 3: Southern California Caulerpa Action Team Rapid Response and

Eradication Plan for the Invasive Green Alga Caulerpa prolifera in San Diego Bay

7.4. Attachment 4: Southern California Caulerpa Action Team Rapid Response and

Eradication Plan for the Invasive Green Alga Caulerpa prolifera in San Diego Bay.

Adaptive Management Memorandum #1 (November 2023)

7.5. Attachment 5: Southern California Caulerpa Action Team Rapid Response and Eradication Plan for the Invasive Green Alga Caulerpa prolifera in San Diego Bay.

Adaptive Management Memorandum #2 (December 2023)

7.6. Attachment 6: Southern California Caulerpa Action Team Rapid Response and Eradication Plan for the Invasive Green Alga Caulerpa prolifera in San Diego Bay.

Adaptive Management Memorandum #3 (May 2024)

TECHNICAL EXHIBIT 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.

Submit draft survey design PWS 5.2

The Contractor shall comply with the Rapid Response and Eradication Plan for the Invasive Green Algae Caulerpa prolifera in San Diego Bay and Adaptive Management Memorandum #1, #2, and #3.

Zero deviation from standard

Review draft survey design by COR in consultation with SCCAT

PRS # 2.

Submit final survey design PWS 5.3

The Contractor shall comply with the Rapid Response and Eradication Plan for the Invasive Green Algae Caulerpa prolifera in San Diego

Acceptance of final survey design by COR in consultation with SCCAT

PRS # 3

Initiate Caulerpa surveys PWS 5.4

Plan for the Invasive Green Algae Caulerpa prolifera in San Diego

Notification by Contractor of start of survey

PRS # 4 Weekly status report of Caulerpa surveys PWS 5.5

Plan for the Invasive Green Algae Caulerpa prolifera in San Diego

Review of weekly status reports of Caulerpa surveys

PRS # 5 Complete Caulerpa surveys PWS 5.6

Plan for the Invasive Green Algae Caulerpa prolifera in San Diego

Notification by Contractor of start of completion of survey

PRS # 5 Submit draft survey results report PWS 5.7

Plan for the Invasive Green Algae Caulerpa prolifera in San Diego

Review draft survey results report by COR in consultation with SCCAT

PRS # 6 Submit final survey results report PWS 5.8

Plan for the Invasive Green Algae Caulerpa prolifera in San Diego

Acceptance of final survey results report by COR in consultation with SCCAT

PRS # 7 Provide Caulerpa survey results updates and survey results report to SCCAT PWS 5.9

Plan for the Invasive Green Algae Caulerpa prolifera in San Diego

Participation in SCCAT Teams meetings

Figure 1. The 100-acre North Survey Area is composed of 55 acres on San Diego Bay National Wildlife Refuge and 45 acres on the adjacent Port of San Diego submerged lands. Highlighted lands outside of the San Diego NWR boundary are owned by the Port of San Diego.