A2.12 PWS 5-5-2021_1.pdf

Version Date: 5/05/21

Performance Work Statement Lost River Noxious Weed Abatement Klamath Basin Area Office

Klamath Project, Oregon-California

PERFORMANCE WORK STATEMENT

I. INTRODUCTION

This Bureau of Reclamation, Klamath Basin Area Office (Reclamation) requires noxious weed abatement on Federal lands and rights-of-way within the Klamath Project, in particular along the Lost River and Miller Creek in Klamath County, Oregon.

II. PURPOSE

Weed abatement is required to prevent and reduce the economic, environmental and social impacts of noxious weeds. The goal is to suppress the expansion and if possible, eliminate noxious weeds.

III. AUTHORITY

The Reclamation Act of 1902 (Ch. 1093, 32 Stat. 388), and acts amendatory and supplementary thereto; the Federal Noxious Weed Act of 1974 (Pub. L. 93-629; 88 Stat. 2148; 7 U.S.C. § 2814), as amended by the Plant Protection Act of 2000 (Pub. L. 106-224, Title IV; 7 U.S.C. § 7701, et seq.); and Executive Order 13112.

IV. BACKGROUND

Noxious weed is an invasive species of a plant that has been designated by country, state or provincial, or national agricultural authorities as one that is injurious to agricultural and/or horticultural crops, natural habitats and/or ecosystems, and/or humans or livestock. Most noxious weeds are introduced species (non-native) and have been introduced into an ecosystem by ignorance, mismanagement, or accident. Occasionally some are native.

Typically they are plants that grow aggressively, multiply quickly without natural controls (native herbivores, soil chemistry, etc.), and adversely affect native habitats, croplands, and/or are injurious to humans, native fauna, and livestock through contact or ingestion. Noxious weeds are a large problem in many parts of the world, greatly affecting areas of agriculture, forest management, nature preserves and parks, and other open space lands.

Reclamation is responsible for noxious weed management on its lands and rights-of-way within the Klamath Project, in particular along the Lost River and the lower portion of Miller Creek. Generally, the contract is for treating noxious weeds along the river or creek (roughly 5’- 80’ on either side), Wilson Reservoir consisting of

8.8 miles of shoreline or roughly 110 acres of land (including wetlands and islands), and possibly other areas as agreed to by the parties. The total distance is approximately 28.2 river miles, encompassing an estimated 423 acres.

Treatment of noxious weeds is a time sensitive issue requiring constant monitoring of growth stage for optimal control using specific herbicides (e.g., treatment of Canada thistle is more effective during bloom stage versus bud stage). Attached is the 2017 Klamath County list of noxious weeds.

Access onto many of the treatment areas can be difficult. Many of the areas are inaccessible through Reclamation rights-of-way, requiring the contractor to obtain permission to access through private lands. However, neighboring property owners have readily granted access given contractor remains respectful of private lands.

Some lands (islands) at Wilson Reservoir are surrounded entirely by water and access is usually hampered by shallow water with heavy aquatic vegetation. Access routes and location of treatment areas are shown on available maps for Langell Valley, Poe Valley, and Wilson Reservoir (see attached maps).

Due to the difficulty in accessing certain islands, Reclamation cooperates with the Contractor to provide an operator w/airboat for applications occurring approximately four to six days each year. This is referred to as the Wilson Reservoir Cooperative Project (WRCP). An Integrated Pest Management (IPM) plan has been completed for this area and is available from Reclamation. The Lost River, including Miller Creek, and Wilson Reservoir, is occupied by endangered Lost River and shortnose suckers and is considered a sensitive area. Both suckers are listed as endangered species under the Endangered Species Act (ESA).

Environmental compliance (e.g., ESA, National Environmental Policy Act, Clean Water Act) is the responsibility of Reclamation.

http://en.wikipedia.org/wiki/Invasive_species http://en.wikipedia.org/wiki/Plant http://en.wikipedia.org/wiki/Agricultural http://en.wikipedia.org/wiki/Horticultural http://en.wikipedia.org/wiki/Habitat http://en.wikipedia.org/wiki/Ecosystem http://en.wikipedia.org/wiki/Livestock http://en.wikipedia.org/wiki/Introduced_species http://en.wikipedia.org/wiki/Ecosystem http://en.wikipedia.org/wiki/Fauna http://en.wikipedia.org/wiki/Agriculture http://en.wikipedia.org/wiki/Forestry http://en.wikipedia.org/wiki/Nature_reserves http://en.wikipedia.org/wiki/Regional_park

V. CONTRACTOR REQUIREMENTS

The contractor shall provide all labor, materials, and equipment in accordance with this Performance Work Statement (PWS) with the exception of completion on the WRCP, as referenced above.

The contractor shall control all noxious weeds as declared annually by the Klamath County Board of Commissioners and as listed at: www.klamathcounty.org/966/Weed-Profiles.

The contractor shall provide licensed pesticide applicators with a minimum of a one-to-three ratio of licensed Applicator’s to Pesticide Apprentice/Trainee’s. On-site supervision by a licensed Applicator is required for licensed Pesticide Apprentice/Trainee in accordance with State of Oregon guidelines. All Applicators shall be licensed by Oregon Department of Agriculture with categories of: Regulatory Weed Control and/or Right-of- Way. For the WRCP, the contractor shall provide at least 3 applicators (one licensed applicator and at least two trainees).

The contractor shall have direct experience in the application of herbicides for large areas (>300 ac) within riparian zones and sensitive areas.

Due to the difficulty in accessing Reclamation lands, a contractor with knowledge of and/or direct experience working in the Lost River and Miller Creek areas is required to obtain necessary permission for timely access.

VI. TASKS

Upon receipt of executed award and option years, contractor will submit to the Contracting Officer’s Representative (COR) the following:

Task A) Provide a Work Plan for current year (season) within 7 working days for approval or adjustment. The Work Plan shall describe in detail how and when the work shall be performed to achieve the maximum benefit for weed control. This shall include the name of each weed, herbicide used, and the proper growth stage at application. A separate section shall detail how the WRCP shall be performed. The plan shall include who shall perform the application work (including mapping), a current listing of their qualifications, and who shall coordinate with the COR. Upon submittal, the COR will provide approval or an adjustment within 3 working days. Additionally, the plan shall state the contractor will provide at least 48 hours’ notice via email to the COR prior to commencing treatment at each area.

Task B) (Once the Work Plan is Approved) Safely apply herbicides to noxious weeds at optimum times to achieve maximum control as agreed upon per approved Work Plan.

Task C) (At the end of each year (season) May-October) Contractor will provide a year-end report at the end of each season, which shall consist of the information as the following two items: 1) Work Summary - A short summary detailing the progress made for each area, and 2) Pesticide Use and Cost Summary - A spreadsheet summary of the total amount of each pesticide used for each area, total cost for each area.

Task deliverables and quality assurance monitoring shall be referenced for performance rating and compliance in accordance with and referred to as follows:

Task A- Work Plan

Task B- Herbicide Application

Task C- Annual Report

VII.1 PERIOD OF PERFORMANCE

The period of performance shall be for one (1) base period and four (4) option years as follows:

Base Period: July 1, 2021 – February 28, 2022 Option Year 1: March 1, 2022 – February 28, 2023 Option Year 2: March 1, 2023 – February 29, 2024 Option Year 3: March 1, 2024 – February 28, 2025 Option Year 4: March 1, 2025 – February 28, 2026

VII.2 RECOGNIZED HOLIDAYS

New years Day Labor Day Martin Luther Kin Jr. Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

VII.3 TYPE OF CONTRACT

The government intends to award a Firm Fixed Price Contract

VII.4 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

Individual to be named in a separate document. The COR coordinates to receive and evaluate deliverables, monitors Contractor performance and notifies Contracting Officer and Contractor of deficiencies and serves as the functional and technical representative for the Contracting Officer. The COR is not authorized to make changes to this contract but will ensure compliance with terms and conditions associated with eh resulting contract.

VIII. GOVERNMENT-FURNISHED PROPERTY

Through coordination with the contractor, Reclamation can provide the Contractor with an airboat and qualified boat operator no more than 6 days per year for the WRCP.

IX. DELIVERABLES

(a) Task A - The contractor will meet with COR within 7 working days of award of this contract for a pre-work meeting; and present a final Work Plan within 7 days of the pre-work meeting to the Contracting Officer (CO) and COR. The COR may accept the Work Plan on behalf of the CO.

(b) Task B - Daily application logs for each site, separated by each of the following areas:

1. Lost River (Langell/Poe valleys) and Miller Creek.

2. Wilson Reservoir are to be submitted with each monthly invoice.

(c) Task C- The contractor shall produce and submit to COR an electronic draft Annual Report in the manner described above for review by October 31, of each year. Within 3 working days, the COR will review and if any revisions are required, contractor will also have 3 working days to respond. The final report will be agreed upon by both parties.

(d) Task C- Contractor shall submit an electronic final Annual Report NLT November 30 of each year.

X. PERFORMANCE ASSESSMENT

(a) Monitoring Performance. During the course of the evaluation period, the COR will track Contractor performance. Interim (mid-term) evaluations may be provided to identify strengths and weaknesses in the Contractor's performance during the period being evaluated. At the end of the period, the COR will assess the Contractor's performance in accordance with the Quality Assurance Surveillance Plan (QASP) and report to the Contracting Officer.

(b) Contractor Self-Assessment. Following each evaluation period, the Contractor may provide a written self-assessment of its performance to the COR to be considered in its report to the Contracting Officer.

The self-assessment shall be submitted not later than 5 working days after the end of each evaluation period. The self-evaluation shall not exceed 1 page per PRS element. The self-assessment shall address both the strengths and weaknesses of the Contractor's performance during the evaluation period. Where deficiencies in performance are noted, the Contractor shall describe the actions planned or taken to correct such deficiencies and avoid their recurrence. The self-assessment itself will NOT be the basis for the Disincentives determination.

(c) COR Recommendation. The COR will consider all evaluations and any other pertinent information, including Contractor self-assessment, and will prepare a report to the Contracting Officer with findings and recommendations. The Contractor will be provided a copy of the draft findings and recommendations of the COR and will be afforded the opportunity to identify factual errors. The COR's draft recommendation is not subject to negotiation and the COR will not engage in discussions with the Contractor. Any errors identified by the Contractor will be addressed by the COR in its final report. The Contractor will be provided a copy of the final COR report at the same time the report is submitted to the Contracting Officer.

(d) The Quality Assurance Surveillance Plan is one evaluation method the Government uses to surveillance performance to determine whether the Contractor meets the standards of performance as defined in the PWS. The absence of a QASP for any contract requirement, however, shall not detract from its enforceability or limit the rights or remedies of the Government under any other provision of the contract in determining the quality of the Contractor performance.

XI. PERFORMANCE REQUIREMENTS SUMMARY (PRS) AND QUALITY ASSURANCE

SURVEILLANCE PLAN (QASP)

Performance Requirement Summary

Acceptable Quality Level Method of Surveillance

Adherence to schedule set by:

Tasks A, B, & C

Timeliness: All tasks are performed within the specified tolerance 98% of the time.

COR will track schedule.

Quality of Field Work set by:

Task B

Successful review without major deficiencies (i.e., missing herbicide application of sites, misapplication of herbicides resulting in contamination of water).

Expect any deficiencies to be remedied within a week.

The COR shall verify completion by random inspection method.

Quality of Deliverables for:

Tasks A & C

Successful review with no more than 5 minor deficiencies (e.g., missing daily application logs, miscalculation of charges to application sites, inaccurate data and mapping summary in annual report) in the final report.

Review by COR