A04_SOW_Mulching.pdf

2025 – 2026 FIRE / BIL MONEY MULCHING OF HAZARDOUS FUELS CONTRACT

SAN BERNARD NWR

TEXAS MID-COAST

NATIONALWILDLIFE REFUGE COMPLEX

I. GENERAL INFORMATION2

II. BACKGROUND3

III. SCOPE OF WORK4

IV. APPLICABLE DIRECTIVES5

V. PERFORMANCE REQUIREMENTS6

VI. WORK TIME/HOURS OF DUTY7

VII. SUPPLIES, MATERIALS, EQUIPMENT AND UTILITIES8

VIII. SUPERVISION9

IX. CONTRACTOR PERSONNEL QUALIFICATIONS10

X. DELIVERABLES11

XI. DELIVERABLES SCHEDULE12

XII. QUALITY ASSURANCE PLAN13

XIII. MAP / FIGURES14

I. GENERAL INFORMATION

1.1 General: This is a non-personal service for the mulching of all trees and brush no matter the size or species on 569.73 acres on San Bernard National Wildlife Refuge

(SNRNWR), 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. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform work services as defined in this Performance Work Statement. The Contractor shall perform to the standards in this contract.

1.2 Site Visit: There will be a site visit on May 21, 2025, 2025, at 0900 at 6801 CR 306 Brazoria, TX at San Bernard NWR.

1.3 Introduction: The Contractor will mulch identified fuels in units according to specifications that will assist in the prevention of wildfires from destroying/damaging government and private property.

1.4 Period of Performance: On or about September 1, 2025, thru February 28, 2026. This timeframe would account for holidays, weather-days within the contract period and is contingent on funding availability.

1.5 Place of Performance: Partial work to be performed under this contract is within the boundaries of the SNRNWR, Acreages are in Attachment A. SNRNWR operations will be run from Texas Mid-coast Complex Office 2547 County Road 316, Brazoria77422.

1.6 Type of Contract: This will be is a Firm Fixed Price contract.

1.7 Key Control: Contractor will be required to provide a combination lock to be placed on refuge gates solely for the purpose of egress and ingress to complete contract

TEXAS MID-COAST

NATIONALWILDLIFE REFUGE COMPLEX

obligations. 37

1.7.1 Lock Combinations (if applicable). The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. 39

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 40 procedures shall be included in the Contractor’s Quality Control Plan. 41

1.8 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend all post award conference or progress meetings convened by the contracting activity or 43 contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer (CO), Contracting Officers Representative (COR), 44

Government Representative (GR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance and/or status 45 of work. At these meetings, the CO or GR will apprise the Contractor of how the government views the Contractor's performance and the Contractor will apprise the Government 46 of problems being experienced, if any. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. 47

1.9 Contracting Officer Representative /Government Representative: The COR will be identified by either separate letter or other form of notification. The COR/GR monitors all 49 technical aspects of the contract and assists in contract administration. The COR/GR is authorized to perform the following functions: assure that the Contractor performs the 50 technical requirements of the contract; conduct inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor 51 concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor 52

Contractor performance and notify both the CO and Contractor of any deficiencies and provide site entry of Contractor personnel. A letter of designation issued to the COR, a 53 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 54 dates. The COR is not authorized to change any of the terms and conditions of the resulting order. 55

1.10 Key Personnel: The following personnel are considered key personnel by the government: Contract Manager/Administrator, Project Manager/Supervisor. The Contractor 57 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 58 manager is absent shall be designated in writing to the CO. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to 59 daily operation of this contract. The contract manager or alternate shall be available Monday – Sunday 7:30 am to 4:00 pm apart from Federal Holidays 60

1.11 Identification of Contractor Employees: All Contract personnel attending meetings and working in other situations where their contractor status is not obvious to third parties 62 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 63 all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. 64

II. BACKGROUND 67

2.1 The mission of the United States Fish and Wildlife Service is working with others to conserve, protect and enhance, fish, wildlife, plants, and their habitats for the continuing 68 benefit of the American people. An important part of this is the protecting the public from wildland fires. Refuges employ a variety of management techniques to reduce fuels; 69 one priority method is through fuel reduction prescribed burns; alternative methods are through the use of mechanical and hand treatments. Refuges prioritize treatments based 70 upon the management objectives and public safety; that is, the ability to meet the objectives of the Refuge while keeping the public safe at the same time. 71

III. SCOPE OF WORK 73

3.1 Objective: Mulching of vegetation to reduce hazardous fuel in the units of SNRNWR will be completed for a total of 569.73 acres. 74

3.1.1 San Benard Treatment Area: The general location of these units is 6801 County Road 306 Brazoria, TX on the San Bernard NWR. Most of the units are along CR 306 and 76

Ivy Lane. The rest of the units are south of County Road 306 and east of Ivy Lane on the SNRNWR This area has a dominate canopy of Green Ash, Live Oak, Hackberry, Chinese 77

Tallow, Baccaharis and other brush, tree saplings and mature trees, All trees and brush no matter the diameter or species within the boundary of the units provided in this contract 78 must be mulched to ground level without disturbing the soil. The government has the right to move project location to a similar site within the refuge boundary if the original site 79 cannot be accessed due to weather conditions, threaten species activity or a higher priority project is identified. 80

3.2 Contractor must comply 100% with the agreed-upon plan of work. Preferred method of treatment will be by low ground pressure equipment. The government is open to 82 alternative method of treatment by low ground pressure equipment but must be approved prior to commencement of work. All work must be done according to work statement, 83 equipment capability restrictions and any local and state regulations. 84

3.3 The Contractor shall provide all personnel, labor equipment, supplies, transportation, tools, materials, supervision, and other non-personal services necessary to perform the 86 requirements of this contract and shall plan, schedule, coordinate, and ensure effective performance of required services for the entire duration of contract. Crews must avoid all 87 areas marked as “off limits”; coordinates will be provided to the Project Manager for these locations. Treatment applications shall be performed in such a manner as to protect 88 non-target flora species, the environment, and the public. NOTE: The CO reserves the right to require the Contractor to replace any operating personnel, or equipment used in the 89 performance of this Contract if the personnel, or equipment are violating, or have violated, any state or federal laws; or are unsafe; or for any valid reason. In this event, the 90

Contractor shall as soon as reasonably possible, upon written or verbal notice (to be later reduced to writing) from the CO, provide replacements satisfactory to the CO at no 91 additional cost. 92

3.4 Work performance shall be defined as 100% of identified area to be treated. 94

3.5 All personnel and equipment to be used will be appropriately licensed and certificated for the work to be done. The Contractor will be responsible for providing sufficient 96 equipment, fuel, safety items, personnel and their subsistence needs during the project period, as well as checking all work sites for hazards of any type which could affect their 97 ability to accomplish the project. 98

3.6 The Contractor will provide USFWS with contact information for all ground personnel, vehicles, and equipment, identification information (including make, model, color, 100 name of company, and contact information) at least 48 hours before implementation of the project. 101

3.7 Public Safety: Public safety must be always ensured. In application areas where there is potential for public interaction the Refuge shall advise the Contractor of any public 103 use hazards. It shall be the ultimate responsibility of the Contractor to initiate operations GO-NO-GO. Any fines or penalties for damage to public or private property or resultant 104 environmental damage shall be the responsibility of the Contractor. 105

3.8 The COR/GR must be notified at least 24 hours prior to the start of any operations. 107

3.9 Only approved low ground pressure equipment will be allowed to operate within the treatment units. No rutting will be permitted at any time. 109

3.10 The Contractor shall avoid any damage to native flora and fauna outside the designated area or clearly marked areas inside the designated area. The Contractor shall not 111 collect, harass, harm, or molest native flora and fauna. The Contractor shall avoid damage to sensitive archaeological sites. The Contractor shall be responsible for the removal of 112 all trash and treatment-related equipment. The Contractor shall be held liable if damage was determined to be the fault of the Contractor (negligence), the result of improper 113 treatment techniques, or the result of Contractor control activities. 114

3.11 The ground crew supervisor shall be responsible for any data collection, safety procedures, and crew supervision. The COR/GR (Ground Representative) shall provide 117 technical support concerning species/area treatments for each delineated work area. Under no circumstances shall a non-approved piece of equipment be used without knowledge 118 or permission of the COR/GR. Ground crews accessing the treatment area need be aware that most of the acres to be treated contain seasonal wetlands. 119

IV. APPLICABLE DIRECTIVES 121

4.1 All Contractor employees performing work directly onsite must adhere to all local regulations, rules, policies relating to the obtainment of proper clearances and site access. 122

4.2 The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. 124

4.3 OSHA, 29 CFR 1910 (as applicable) 126

4.4 EPA regulations 128

4.5 The Contractor is responsible for acquiring and maintaining all federal, state and local licenses, certifications, and permits. The only exception to this requirement is that the 130

SNRNWR and BRRNWR will provide the Section 7 permit, if required, for threaten species for this contract if applicable. A copy of the Section 7 permit will be furnished to the 131

Contractor and all conditions will be followed. Threaten species are known to frequently occur in the treatment area and adhering to the Section 7 permit conditions should require 132 minimal effort. Contractor must follow of Black Regulation Equipment Operation Criteria. This will be provided to the contractor by the government. 133

4.6 All of the mulching in the units must be done following best management practices for mowing in black rail habitat. This includes: 1) operating equipment at a slow speed (1-2 135 mph or the slowest speeds possible) to allow wildlife to escape the mower path; 2) using linear clearing that begins adjacent to and runs parallel with the unit boundary so that the 136 treatments are applied from the edges inward towards areas where rails can take refuge; and 3) driving equipment so that its path does not follow a circular or entrapping pattern. 137

This will lessen the risk of damage to the black rail or its habitat in the unit. The contractor cannot be in the units from March 1 to August 31, which is the black rail breeding 138 season and avoids the general migratory bird nesting season. 139

4.7 The Contractor (or their representatives) will not litter. Litter violations will be handled under Federal Code of Regulations 50CFR27.94 (a), which carries a fine of $100.00 141 per incident upon conviction. 142

V. PERFORMANCE REQUIREMENTS 144

5.1 All vegetation must be mulch to ground level no matter the species or diameter of the vegetation. 145

5.1.1 The Crew Supervisor shall be responsible for notifying the COR /GR within one week of treatment completion so that the area can be inspected. The Contractor shall be 147 responsible for 100% treatment of the identified area. 148

5.1.2 Contractor must be able to provide a GPS track log of each day’s mulching accomplishments. It must be email to the COR within 24 hours. 150

5.2 TREATMENT 152

5.2.3. The Contractor shall canvas 100% of the identified treatment area. 154

5.2.3 The Contractor shall complete the treatment during the specified dates as directed by the COR/GR due to endangered and threaten species activity as directed by the refuge 156 biologist and wet soil conditions. 157

5.2.4 The Contractor shall coordinate with the Government to determine the date(s) and time(s) of treatment to minimize impacts on other Government activities and so refuge 159 staff has time to close roads and trails in the treatment area prior to treatment beginning. Contractor must have work dates and a plan of work approved by the USFWS 48 hours 160 prior to beginning work, preferably established during a face-to-face pre-work meeting. 161

5.2.5 The Contractor shall clean and wash equipment in accordance with Environmental Protection Agency and Refuge guidelines to prevent the introduction of exotic flora and 163 fauna onto the Refuge 164

5.2.6 Contractor is responsible for notifying COR/GR at the time of a hazardous spill and the contractor is responsible for cleaning up any spills that may occur. 166

5.2.7 The Contractor shall avoid any damage to native wildlife. The Contractor shall be responsible for the removal of all trash and treatment-related to the contractor’s 168 equipment. Trash shall be removed daily. If damage occurs, the Contractor shall be held liable if damage was determined to be because of Contractor negligence, the result of 169 improper treatment techniques, or the result of Contractor control activities. 170

5.3 SPECIAL CONDITIONS 172

5.3.1 The COR/GR shall inform the Contractor of the time schedule as work progresses. However, the CO may halt work at any time upon written notice. 173

5.3.2 Weather and site conditions may interfere with the work completion schedule negotiated at the award conference. The CO may halt work at any time upon written notice for 175 conditions beyond the control of the contractor. If this results in significant time lost, the completion date for the project can be re-negotiated by the CO with COR 176 recommendations. 177

VI. WORK TIME/HOURS OF DUTY 180

6.1 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 6:00 am – 7:00 pm Monday thru Sunday except national emergencies, 181 administrative closings, or similar Government directives. Workdays or hours outside these times must be approved by the COR/GR. The Contractor will not be reimbursed when 182 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 183 within this SOW 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 184 workforce are essential. 185

VII. SUPPLIES, MATERIALS, EQUIPMENT, AND UTILITIES 187

NOTE: As a government agency dedicated to “working with others to conserve, protect and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the 188

American people,” the U.S. Fish and Wildlife Service strives to incorporate the most ecologically sound and environmentally beneficial technologies, materials, and practices into 189 all aspects of planning and operations. To help achieve this mission and meet Executive Orders (EOs) and Department of the Interior (DOI) planning requirements, the USFWS 190 has implemented strategies to reduce the environmental impacts associated with procurement, lease acquisition, waste prevention and recycling, facility design, construction, 191 operation, and management, contracting and permitted commercial visitor services. These strategies have been collectively referred to as the FWS’s Green Procurement and Waste 192

Prevention & Recycling Program (Greening Program) and are a part of the FWS’s overall approach to environmental management. 193

7.1 Government-Furnished Property and Services: The Government will not provide any Supplies, Materials, or Equipment to complete this contract. 195

VIII. SUPERVISION 197

8.1 In order to ensure performance and accomplishment of the work as outlined herein, the Contractor shall always provide adequate and competent supervision for all work to be 198 accomplished by the Contractor’s employees. When contract work is in progress, supervisory personnel shall always be available to receive notices, reports, or requests from the 199

COR/GR or his authorized representative. At no time shall CO/COR/GR direct or supervise the activities of the Contractor’s employees. 200

8.2 On-site Supervision: An on-site supervisor, with the ability to speak and understand English clearly and with the authority to act for the Contractor on a day-to-day basis and to 202 sign inspection reports and all other correspondence on behalf of the Contractor, shall be present at the work site at all times when contract work is in progress, unless a contractor 203 employee can act on the supervisor’s behalf. 204

8.3. Supervisory Responsibilities: Supervisory responsibilities shall include, but shall not be limited to, the following: 206

8.3.1 Providing an adequate labor force; this includes the immediate replacement of personnel dismissed for cause or leaving employment of their own volition. 208

8.3.2 Ensuring that Contractor personnel are properly trained to perform their assigned work in a proper, safe, and efficient manner, and ensuring that the proper supplies, 210 materials, and equipment are on hand. 211

8.3.3 Taking action to prevent general carelessness by employees and/or abuse of government property, flora or fauna. 213

8.3.4 Establishing an effective and comprehensive safety program. 215

8.3.5 Indoctrinating employees to report fire, hazardous conditions, and damage. 217

8.3.6 Continually ensuring that the conduct of the Contractor’s employees reflect favorably upon the Contractor’s and Fish and Wildlife Service organization(s). If applicable, 219 supervisory personnel are responsible for ensuring that employees fully support and participate in the energy-conservation program within the facilities. 220

IX. CONTRACTOR PERSONNEL QUALIFICATIONS 224

9.1 Supervisory Personnel: All supervisory employees engaged in directing the work to be accomplished under this contract shall possess, at least two years’ experience in 225 directing the subject service-type operations in a supervisory capacity for the approximate size/scope of this contract. 226

X. DELIVERABLES 228

10.1 Frequent reporting/accounting of overall progress (i.e., 33%, 66%, 100%) or as determined by the COR/GR. 229

10.2 Universal Daily Progress Report (U-DPR), to be provided to the COR/GR or his/her designee on a bi-weekly basis (minimum). 231

10.3 Coordination, application, and wrap-up meetings 233

10.4 A COR/GR will inspect all areas periodically during the contract period. 235

10.5 Copies of all invoices (signed by the Contractor Crew Supervisor/GR) can be submitted to the Government at completion times of 33%, 66% and 100% complete. 237

XI. DELIVERABLES SCHEDULE 239

(This technical exhibit lists any reports or documentation that is required as a deliverable and includes the frequency, # of copies, medium/format and who/where it is to be submitted. A deliverable is anything that can be 240 physically delivered but may include non-physical things such as meeting minutes.) 241

Deliverable Frequency # of Copies Medium/Format Submit To

Routine reporting/accounting of progress

33%, 66%, 100%

1 Hard/soft copy

COR/GR/Manager

Daily Progress

Report

Daily 1 Email Track Log Jennifer_Wilson@fws.gov

COR/GR/Manager

Coordination, application, and wrap-up meetings

As directed by the

COR/GR

n/a Meeting COR/GR/Manager

XII. Quality Assurance Plan 244

12.1 The Contractor shall institute a complete quality-control program to ensure that the requirements of this contract are provided, as specified. The overall goal of the program 245 should be to identify and correct any problems that may exist before they are identified by or reported to the COR/GR. This will aid in ensuring the contractor meets time 246 schedules, adheres to standard commercial practices, and complies with Performance Work Statement/contract in an efficient, ethical, and productive manner. As a minimum, the 247 program shall include: 248

12.1.1 An inspection system covering all the services required under Section V (Performance Requirements) with a comprehensive checklist to be used to inspect contract 250 performance during scheduled and unscheduled inspections, and the name(s) of the individuals who will be performing the inspections. 251 mailto:Jennifer_Wilson@fws.gov

12.1.2 A system for identifying and correcting deficiencies and/or a pattern of deficiencies in the quality or quantity of services provided before the level of performance becomes 253 unacceptable and/or Government inspectors point out the deficiencies. 254

12.1.3 A file of all inspections conducted by the Contractor and corrective actions taken (at Contractor’s expense). This should include follow-up inspections to ensure that 257 corrective action was appropriate, complete, and timely. This documentation shall be organized in a logical manner, kept current, and made available to the CO/COR/GR during 258 the term of the contract. 259

12.1.4 When notified of a deficiency, items designated as unsatisfactory or below standard shall be re-performed by Contactor at no additional cost to the Government. All 261 corrective action must be completed by the next working day of notification of the deficiency. If not, a deduction may be made (as determined from the applicable month’s 262 invoice). Failure of the Government to notify the Contractor of a deficiency does not relieve the Contractor of the obligation to perform services nor does it relieve the Contractor 263 of the responsibility to ensure that quality control measures are adhered to for contract compliance. 264

12.2 Performance Indicators and Acceptable Quality Levels 266

12.2.1 Comply with work production/work schedule(s) except for Excusable Delays. 100% compliance 268

12.2.2 Comply with all work requirements and standards as indicated within the Scope of Work. 100% compliance 270

12.2.3 Comply with all contract terms and conditions. 100% compliance 272

12.2.4 Must not damage government resources, fish, wildlife, and/or property. 100% compliance 274

12.2.5 Maintain safety of workers and work environment at all times. 100% compliance with no deviations 276

12.2.6 Maintain a Quality Control Plan and immediately disclose/report any problems. 100% compliance 278

12.2.7 Ensure all equipment is in good working order during the entire period of performance and safeguard the use and storage of all hazardous chemicals. 100% compliance 280

12.2.8 The task shall be considered completed following a thorough final inspection of the delineated treatment area by the COR and only if it is determined that the Contractor 282 treated 100% of the project. 100% compliance 283

12.2.9 The Contractor shall be held responsible for non-target damage (to be determined by the COR). 100% compliance 285

12.3 Surveillance Methods 287

12.3.1 Regularly scheduled inspection/review of work 289

12.3.2 Inspection of equipment. The CO/COR/GR reserves the right to inspect, at any time upon notice to the Contractor, the Contractor’s procedures, and operating personnel. 291

Inspection, however, shall not relieve the Contractor of any obligations or responsibilities, nor shall it transfer any liability to the Refuge. 292

12.3.3 Contractor logs/reports 294

12.3.4 Final payment shall be held until 100% of the project is completed as determined by a final inspection conducted by COR/GR. 296

12.4 Incentives 298

12.4.1 Non-compliance with Performance Work Statement will result in negative performance evaluation/rating. 301

12.4.2 A positive performance rating will be given for overall satisfactory work and compliance related to the contract. 303

Appendix: A 315