Aerial_Herbicide_treatment_2021_SOW.doc

PERFORMANCE WORK STATEMENT

Aerial Herbicide Spraying Project on the Brazoria National Wildlife Refuge Revision 1 Part 1

General Information

1. General: This is a non-personnel services contract to provide herbicide and aerial spraying for the U.S. Fish & Wildlife Service (Service). The Service shall not exercise any supervision or control over service providers performing part or all the services herein. Such service providers shall be accountable solely to the contractor who, in turn is responsible to the Service

1.1 Description of Services/Introduction: The contractor shall provide all herbicide, surfactant, drift control, personnel, equipment, supplies, facilities, transportation, tools, supervision, and other items and non-personal services necessary to perform aerial herbicide application of GrazonNext HL on 1041 acres on Brazoria National Wildlife Refuge. The contractor shall perform to the standards in this contract.

1.2 Background: The Refuge upland and wetland habitats are used by migratory birds and native wildlife. Both habitat types need to be managed using several treatment techniques such as mechanical, fire, or herbicide to control the growth of Chinese tallow. With the recent wet summers, Covid-19 Pandemic, and the listing of the Eastern black rail as a threatened species, management techniques have become restricted. Treatments such as mechanical and fire, which require on the ground disturbances have become less frequent to allow for safe refugee for Eastern black rail. Aerial herbicide treatments are somewhat exempt due to no physical ground disturbance associated with this technique. Coastal prairie management is a yearly need and by eliminating any type of treatments could adversely affect coastal prairies and wetlands. Application of GrazonNext HL will help to control increasing non-native Chinese tallow communities in turn improving wildlife habitat. See the attached KMZ files of the prairie units.

1.3 Objectives:

· Aerially apply GrazonNext HL across 1041 acres of Chinese tallow on the Refuges as outlined on the KMZ files and maps.

· Full coverage over the designated areas using the following application rate:

· GrazonNext HL – 2.1 pts/ac

· Surfactant and drift control is to be used per chemical label instructions.

· Outlines are unit boundaries, but application will be determined by vegetation presence and actual limit of targeted vegetation. Application should not occur over portions of the mapped area if the target vegetation is not present. Pilot should discuss the units with the Contracting Representative (COR) or refuge manager.

1.4 Scope: The Company must use aerial application methods that will provide coverage over Chinese tallow and apply chemical during desirable weather conditions for best results.

1.5 Period of Performance: The period of performance shall be for three (3) months between the months of August 1st – October 31st of 2021.

1.6 General Information:

1.6.1 Quality Control (QC): 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. The Quality Control Program (QCP) is to be delivered within 30 days after contract award or with the contractors proposal if it is an evaluation factor, three copies of a comprehensive written QCP shall be submitted to the contracting officer (CO) and COR within 5 working days when changes are made thereafter. After acceptance of the QCP, the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

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 work on these holidays, but may if they want to.

New Year’s Day

Labor Day

Martin Luther King Jr.’s Birthday

Columbus Day

President’s Day

Veteran’s Day

Memorial Day

Thanksgiving Day

Independence Day

Christmas Day

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of sunrise to sunset Sunday thru 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.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at the Brazoria National Wildlife Refuge. Please see the attached .KMZ file for exact directions

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

1.6.7 Gate Locks: N/A

1.6.8 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 CO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the CO 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.

1.6.9 Contracting Officer Representative (COR): The (COR) will be Lee D Gaston Jr. This contact information is: 24907 FM 2004, Angleton, TX 77515 or phone at 979-236-8954. 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.

1.6.10 Key Personnel: The follow 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 3:00 pm, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.11 Identification of Contractor Employees: All contract personnel attending meetings, and working in other situations where their contractor status is not obvious to third parties 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.

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

1.6.13 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 CO 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 CO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the CO 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

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:

ACOR

Alternate Contracting Officer's Representative

CCE

Contracting Center of Excellence

CFR

Code of Federal Regulations

COR

Contracting Officer Representative

COTR

Contracting Officer's Technical Representative

COTS

Commercial-Off-the-Shelf

FAR

Federal Acquisition Regulation

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

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 not provide any 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.

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

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services: The contractor shall provide herbicide mixing and the aerial application of herbicide on the units described below and shown on the attached KMZ files. The tracts below consist of the following composition:

GrazonNext HL Units:

Brazoria NWR

Tract 1A - 42 acres

Tract 14N – 50 acres Tract 2B - 106 acres

Tract 15O – 12 acres Tract 3C - 79 acres

Tract 16P – 41 acres Tract 4D – 118 acres

Tract 5E – 47 acres

Tract 6F – 5 acres

Tract 7G – 7 acres

Tract 8H – 14 acres

Tract 9I – 7 acres

Tract 10J – 12 acres

Tract 11K – 153 acres

Tract 12L – 57 acres

Tract 13M – 293 acres

These tracts consists of uplands and marginal zones around Otter slough, ditches (4-12), CR 227 (between FM2004 and CR 208), Walker ditch and the Cannan Bend unit. The target for application is control of Chinese tallow in these areas. There are power line structures to avoid both along FM 2004 Eastward at the intersection of CR 208 and CR 208 South to CR 227. Application should target visible invasive patches within the target areas to ensure full coverage and maximum eradication.

PART 6

APPLICABLE PUBLICATIONS

6. Applicable Publications (Current Editions)

6.1. The Contractor must abide by all applicable Federal and State regulations and laws applicable to this project.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

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

PRS # 1.

· GrazonNext HL shall be spot sprayed over entire area as outlined by the KMZ Files.

· GPS: 29 8’ 42”N

095 17’ 31”W

· The contractor will provide the herbicide for spraying over all units.

· Spraying will be for entire area of each unit.

· Weather must meet label instructions.

· Use application rates in accordance with the label and identified above.

· 85% or greater mortality rate over unit < Five (5) percent deviation from the standard.

100% Inspection. COR will inspect work on a weekly basis.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

NA

NA

NA

Lee Gaston Jr

US Fish & Wildlife Service

Region 2

PERFORMANCE WORK STATEMENT Aerial Herbicide Spraying on Brazoria National Wildlife Refuge