A06-DIV_MIG_BIRDS_SOW-Bjerre_Eagle_Environmental_Performance_Work_Statement_1.docx

PERFORMANCE WORK STATEMENT (PWS)

Eagle Telemetry Data Acquisition and Management in Support of Eagle Take Permitting

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide expert assistance assisting Service staff with assessment work informing management decisions associated with the eagle incidental take permit program, and for technical assistance deploying, recovering, managing, and analyzing data from satellite transmitters on eagles. 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 Telemetry Support and Data Acquisition and Management 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. The contractor must have in-depth familiarity with Service eagle incidental take regulations, extensive experience with deployment, tracking, and management of telemetry units on golden eagles and Argos telemetry data systems. The contractor must be authorized by the USGS Bird Banding lab to band and deploy transmitters on golden eagles and have experience coordinating with partners, including State and Tribal partners, to deploy telemetry units over a broad geographic area.

1.2 Background: The USFWS National Raptor Program is tasked with conducting scientific investigations to support permitting decisions regarding take of raptors, developing regulations and policies governing take of raptors, and producing guidance useful in developing permit applications for take of raptors. The Service is exploring an eagle take permit process that will identify geographic areas where eagle abundance is predictably low enough that take can be estimated using existing information without the need for additional site-specific survey data prior to permit issuance. We anticipate that fatality data from wind energy projects under this new permit type will be collected by the Service through a monitoring program that will be expeditiously developed in FY 2023 and FY2024. In addition, the Service uses the data from satellite transmitters in models to estimate sustainability of eagle take permits, and to provide scientific information to quantify the effectiveness of mitigation required to offset any take that exceeds sustainable take levels. Currently we are also analyzing data from a multiyear study using such transmitters to determine the survival rates of rehabilitated golden eagles. This information will be used to determine the efficacy of using rehabilitation as a means of compensatory mitigation to offset newly authorizes incidental take for golden eagles.

1.3 Objectives: The contractor will assist the Service with the deployment of and management of transmitter and data acquired from those transmitters. The contractor will assist with the assessment and development of a monitoring plan for assessing large-scale impacts of changes to the Service’s permitting process for wind energy projects. The latter task includes coordinating the recovery of tagged golden eagles that have died, and to arrange for necropsies when appropriate. The contractor will also work with eh Service to complete a multiyear assessment of post-release survival rates of golden eagles

1.4 Scope: Telemetry support and data acquisition and management in support of eagle management and incidental take permitting. The contractor shall (1) coordinate and facilitate applications of satellite telemetry for golden eagle study and monitoring, and assist the U.S. Fish and Wildlife Service with management of data from such projects; (2) complete multiyear assessment of post-release survival rates of golden eagles that have undergone clinical rehabilitation from injuries and diseases; (3) assist the Service in design and planning of a long-term golden eagle telemetry monitoring program as needed.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of less than 12 months. The Period of Performance reads as follows:

Base Year September 2024 (or when contract is executed) – September 2025

1.6 General Information

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: The contractor is responsible for telemetry data collection but can automate these tasks and is not require to perform services on holidays.

1.6.4 Hours of Operation: The contractor is responsible for conducting business, on a maximum flexible schedule but will coordinate with Service staff as needed 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 contractor is responsible for the location that this work will be conducted.

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: Not applicable.

1.6.7.1 PHYSICAL Security: Not applicable.

1.6.7.2 Key Control. Not applicable

1.6.7.3 Lock Combinations: Not applicable.

1.6.8 Special Qualifications: The contractor is responsible for any required Federal or State permits for handling and marking wild raptors.

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 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 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, 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.

1.6.11 Key Personnel: The follow personnel are considered key personnel by the government: Wildlife Biologist. 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 as-needed, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below: Wildlife Biologist must have golden eagle banding authorization from the Bird Banding Lab and extensive experience with telemetry data and recovering transmitters in remote areas.

1.6.12 Identification of Contractor Employees: Not applicable.

1.6.13 Contractor Travel: Contractor may be required to travel CONUS during the performance of this contract to deploy or recover transmitters or to attend meetings. Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires Government approval/authorization and notification to the COR.

1.6.14 Other Direct Costs: Contractor travel must be preapproved by the Contracting Officer.

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 effect 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, 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:

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: The Government will provide transmitter units for deployment.

3.5 Materials: The Government will provide access to transmitter data through a website.

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 Secret Facility Clearance: Not applicable.

4.3. Materials: Not applicable.

4.4. Equipment: Not applicable.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall provide services for program telemetry support and data acquisition and management.

5.2. Manage NRP Telemetry Program. The contractor shall coordinate and facilitate applications of satellite telemetry for golden eagle study and monitoring, and assist U.S. Fish and Wildlife Service staff with management of data from such projects. This includes regular downloading, checking, and cleaning of telemetry data and providing database updates to the Service. Duties may include deployment of transmitters or recovery of transmitters and collection of data to determine cause of death from remote areas.

5.3. Complete multiyear assessment of post-release survival rates of golden eagles that have undergone clinical rehabilitation from injuries and diseases.

5.4. Assist the Service in design and planning of a long-term golden eagle telemetry monitoring program as needed.

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/Technical Exhibit 1 – Performance Requirements Summary

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)

Method of Surveillance

PRS # 1.

The contractor shall provide NRP access to operational telemetry database.

The contractor provided managed telemetry data.