A04_SOW___PWS_FINAL.docx

PERFORMANCE WORK STATEMENT (PWS)

Buenos Aires NWR Headquarters Mesquit Clearing Project

PART 1 GENERAL INFORMATION

1.0 General: This is a non-personnel services contract to provide mesquite clearing for the U.S. 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: The contractor shall provide all personnel, equipment, supplies, facility, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform mechanical clearing of approximately 332 acres, on the Buenos Aires 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 Buenos Aires NWR would like to mechanically clear large portions of land that range from dense mature growth areas which have never received treatment to areas that have received previous treatments (mastication and fire) and are composed of small sparse regrowth. Some areas are also comprised of mature trees but with sparse density. The NWR does not have enough machines or operators to dedicate to this size of the project. In order to clear the trees that are located in the areas proposed, we will need to use a clearing company to do the work. The overall goals are to reduce the risk of wildfire and resulting damage to habitat, mitigate safety risks to FWS staff and Border Patrol personnel, and improve access, visibility, and safety for Border Patrol operations, and improve habitat for pronghorn and quail. See the attached maps of the unit.

1.3 Objectives:

· Mechanically remove/grub mesquite on the refuge as outlined on the attached maps.

· Removal/grubbing will involve excavators and digging up enough of the tree to remove the root mass/ball to prevent regrowth.

· Push/stack mesquite into slash piles.

· Fill in or smooth over large holes created from grubbing.

1.4 Scope: The contractor should access the area only during dry times and/or during times preapproved by refuge staff. If the area is too wet, they will not be able to work on the project areas, to minimize the damage to the refuge. Daily work reports will be completed by the contractor and turned into the refuge staff.

1.5 Period of Performance: The period of performance for woody debris removal by heavy equipment shall be from October 1, 2023 to March 14, 2024. Performance cannot deviate outside of this timeframe due to the Migratory Bird Treaty Act.

1.6 Refuge Access: Refuge access roads provide for one-way travel. No road construction will be needed. Grubbing sites are adjacent to roads, however barbed wire fencing restricts access points. Some sites are easily accessible by existing roads. Options for site access and all equipment storage and environmental concerns will be addressed during the project meeting.

1.7 Quality Control: NA

1.8 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the attached 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).

1.9 Recognized Holidays: The Contractor is not required to perform work on these holidays.

New Year’s Day, January 1st or the Friday preceding or Monday following Martin Luther King’s Birthday, 3rd Monday in January President’s Day, 3rd Monday in February Memorial Day, Last Monday in May Juneteenth, June 19th or the Friday preceding or Monday following Independence Day, July 4th or the Friday preceding or Monday following Labor Day, 1st Monday in September Columbus Day, 2nd Monday in October Veteran’s Day, November 11th or the Friday preceding or Monday following Thanksgiving Day, 4th Thursday in November Christmas Day, December 25th or the Friday preceding or Monday following

1.10 Hours of Operation: The Contractor is responsible for conducting business, between the hours of sunrise to sunset Sunday through Saturday except federal holidays at the Contractor’s option. 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.

1.11 Place of Performance: The work to be performed under this contract will be performed at the Buenos Aires NWR. The job site is approximately 60 miles SW of Tucson, Arizona, on a paved road. The nearest basic facilities are located in Three Points, AZ, and all accommodations are in the Tucson area. The refuge lies in a remote area immediately adjacent to the international border of Mexico and the United States, and is fenced by a barbed wire fence.

1.12 Type of Contract: The government will award a firm-fixed price contract.

1.13 Gate Locks: Project sites are located within areas with public access, no locked gates are involved.

1.14 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 the Federal Acquisition Regulation. The contracting officer, Contract Officer 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.

1.15 Contracting Officer Representative: The physical Contracting Officer Representative (COR) will be Nathan Barrett at 520-993-0229 or nathan_barrett@fws.gov. 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 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.

1.16 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 am to 5:00 pm, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.17 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.

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

1.19 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.

1.20 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 the Federal Acquisition Regulation. 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

1. Definitions:

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.

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.

CONTRACTING OFFICER REPRESENTATIVE (COR). 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.

DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

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.

PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

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

WORKDAY. The number of hours per day the Contractor provides services in accordance with the contract.

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 provide the 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 and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Equipment: The Contractor shall furnish all equipment to adequately preform the requested job.

PART 5 SPECIFIC TASKS

5. Specific Task:

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 grubbed. The contractor will then mobilize their heavy equipment (i.e.; excavators, backhoes, dozers) to dig up enough of the trees to remove the root mass/ball, in order to minimize potential regrowth. Once the trees have been grubbed, they are to be pushed/stacked into slash piles for burning at a later date.

Slash pile sizes should be approximately 50 ft x 50 ft squares, if possible. Exact details can be determined on site between the contractor and refuge staff. Slash piles will also be placed within recently cleared areas, approximately 20 yards from standing trees in any direction, to allow for a fire break during pile burning.

Soil and ground disturbance is expected due to the nature of removing the root mass/ball, however the contractor should make attempts to fill in, or smooth over the cleared areas to minimize large holes being left behind.

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

1. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Project Area.

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