Attch-1 Statement of Work.doc

Performance Work Statement – Coconino and Kaibab National Forests

ATTACHMENT 1

SECTION C: THE PERFORMANCE WORK STATEMENT (PWS).

C. 1. INTRODUCTION

C.1.1. Background

The Forest Service is in need of Noxious or Invasive Weed Chemical Application services to treat various populations of designated Noxious or Invasive Weeds. The purpose of this contract is to secure designated Noxious or Invasive Weed Chemical Application Services in a manner that ensures elimination and/or control of designated Noxious or Invasive Weeds. The services secured with this contract will focus on the need to provide adequate Noxious or Invasive weed Chemical Application techniques during a period of time when environmental conditions are most favorable to insure designated Noxious or Invasive Weed treatment.

C.1.2. Scope of Contract

The solicitation is for Noxious or Invasive Weed Chemical Application services on the Coconino and Kaibab National Forests Lands.

The Contractor shall furnish all labor, equipment, supervision, transportation, supplies (including chemicals – the exception is for treatment of Leafy Spurge, in which case the Forest Service will provide the designated herbicide, Plateau, and adjuvants), and incidentals to perform all application necessary on the areas specified in the Line Item Number One

(1). The contract includes chemical treatment of Noxious or Invasive Weeds. All aspects of the work program shall be performed in an organized, systematic manner to assure services shall be performed over the entire unit.

C.1.2.1. This contract is a Performance-based, Indefinite Delivery, Indefinite Quantity (IDIQ) Requirements Contract with a Base and Four (4) one (1) year options.

C.1.3. Location and Description

Bid Item 1: Base Year only:

The herbicide application to be performed under this contract to be issued as the first task order is located (approximately 100 acres) on the Coconino National Forest, Mormon Lake and Mogollon Rim Ranger Districts. (Map will be attached). Species of concern is leafy spurge (FS will provide chemical herbicide (Plateau), and adjuvant). Approximately 70 acres of leafy spurge population is in concentrated areas, and approximately 30 acres of leafy spurge population is in scattered locations, including road edges, and including areas away from roads.

Bid Item 2: Option Year One

Not Yet Known, within the Coconino and Kaibab National Forests Boundaries. Will be issued in task orders

Bid Item 3: Option Year Two

Not Yet Known, within the Coconino and Kaibab National Forests Boundaries. Will be issued in task orders Bid Item 4: Option Year Three

Not Yet Known, within the Coconino and Kaibab National Forests Boundaries. Will be issued in task orders

Bid Item 5: Option Year Four

Not Yet Known, within the Coconino and Kaibab National Forests Boundaries. Will be issued in task orders

C.1.3.1. Specific locations, maps, and unit description data for treatment areas will be provided.

C.1.3.2. The acres to be sprayed each year range from a minimum of 100 acres to a maximum of 5000 acres. The Chemical Application operations will be prohibited when:

A. Wind velocity exceeds ten (10) miles per hour.

B. Relative Humidity readings are LESS than 25%.

C. Frost, snow, or ice covers target plants.

D. Precipitation (rain or snow) is expected to be received in quantities sufficient to wash chemicals off plants within three hours of application, or when precipitation is sufficient to cause chemicals to be washed into open water sources.

E. Emergency closures such as Fire Restrictions.

F. Non-compliance G. In areas near live water and riparian areas, will be restricted to those herbicides registered for use in those areas.

H. The herbicide is being used in a manner inconsistent with its labeling C.1.3.3. Performance time for base year will be September of 2008. For each option year, performance time may be year-long, depending on the area to be treated and the target species.

C.1.3.3.1 AGAR 452.211-74 Period of Performance [Of the Contract] (FEB 1988)

The period of performance of this contract is from the date of award through the last option period. Task Orders period of performance may extend past the expiration of this contract with all the terms and conditions of this contract remaining in full force until the Task Order expires.

EXAMPLE:

Contract Time will be determined each year based on the size of the Chemical Application area program.

C.1.3.2 Work completed after the performance period:

Whenever the Contractor fails to complete work within the performance period, and is allowed to work beyond that period, the Contractor will be assessed the actual damages. Items to be included in the actual damage includes but is not limited to: wages of the COR and Government inspector(s) for quality assurance after the performance period, costs of vehicles, meals and lodging that are incurred while administering the contract after the performance period.

C.1.4 List and Description of Units:

This is an approximation only for the base year. Prior to the start of an option year an approximation like this will be given:

Treatment Acres:

Approximately 100 acres on the Coconino National Forest, Mormon Lake and Mogollon Rim Ranger Districts. (Map will be attached). Species of concern is leafy spurge (FS will provide chemical herbicide (Plateau), and adjuvant). Approximately 70 acres of leafy spurge population is in concentrated areas, and approximately 30 acres of leafy spurge population is in scattered locations, including road edges, and including areas away from roads.

C. 2. Definitions

Arizona State Applicators License: Vendor must have a valid Arizona State applicators license

ADA: Arizona Department of Agriculture

Application: Means which or interval of chemical treatment of a given area.

Boom attachments: Equipment attachments with spray nozzles to spray evenly in treatment areas

Backpack sprayers: Spray equipment capable of being carried on a person’s back, with handgun for spot treatment Buffers: Specified areas of no treatment around sensitive areas.

Chemical Treatment: Action of applying specific chemicals (herbicides to unwanted plants).

Contract Time. See Period of Performance.

Contracting Officer’s Representative (COR). The COR is the on-site contract administrator for the Contracting Officer (CO). The duties and responsibilities of a COR are defined in the letter of designation issued by the Contracting Officer.

Delivery point. The point identified for delivery of Chemical Application supplies and other supplies will be the Peaks Ranger District Administrative Site in Flagstaff, AZ, and/or the North Kaibab Ranger District Administrative site in Fredonia, AZ.

Handgun Attachments: Equipment attachment that is hand operated for spot spray treatment

Hand treatment: Chemical treatment of a target areas using backpack/ handgun application of chemicals.

Herbicides: Chemicals used to treat unwanted plants (target plants)

Invasive Species: Defined as a species that is nonnative (or alien) to the ecosystem under consideration and whose introduction causes or is likely to cause economic or environmental harm to human health (Executive Order 13112).

Non-motorized equipment: Equipment powered by means other than a motor

Noxious Weed: A legal term applied to plants regulated by Federal and State laws, such as plants designated as noxious weeds by the Secretary of Agriculture or by the responsible State official. Noxious weeds generally possess one or more of the following characteristics: aggressive and difficult to manage, poisonous, toxic, parasitic, a carrier or host of serious insects or disease, and being not native or new or not common to the Unites States or parts thereof. (Forest Service Manual 2080.5, Federal Noxious Weed Act of 1974, PL 93-629, as amended).

Period of Performance: All calendar days allowed for completion of contract work. Includes all days of the week including weekends and holidays.

Primary Species: Several of the Noxious or Invasive weed species to be treated are leafy spurge, spotted knapweed, Russian knapweed, diffuse knapweed, Dalmatian toadflax, yellow starthistle, bull thistle and cheatgrass. Other Noxious or Invasive weed species as identified may also be treated.

Quality Assurance. The actions taken by the Government to assess the Contractor’s results to determine that they meet contract requirements. Procedures as outlined in the following will be adhered to. FSH 2109.14 (Pesticide-Use Management and Coordination Handbook, CHAPTER 50 (Quality Control Monitoring and Post-Treatment Evaluation)

Quality Control. Those actions taken by a Contractor to control the production of outputs to ensure that they conform to the contract requirements. The methods for inspecting for quality control are described in the Contractor’s Quality Control Plan (QCP).

Riparian areas: Areas within a water-influence zone, characterized by different vegetation than dry sites

Soil-saturating Rain: Receiving sufficient moisture so that the upper levels of the soil profile are totally filled with water

Soil Surface: The area of soil exposed to direct sunlight Single Treatment: One time per year application of chemical herbicides on a target area.

Varied Topography: Treatment will be in areas ranging from relatively flat meadow bottoms to steep slopes.

Vehicle-mounted sprayers: Spray equipment mounted on some type of vehicle Wilderness Areas: Congressionally designated lands with special management requirements.

C. 3. Government Furnished Property and Services:

The property and services that will be provided by the Government are as follows:

Water will be available at the Peaks, Mormon Lake, Happy Jack, Blue Ridge, Williams, Tusayan, and North Kaibab (Fredonia and Big Springs) Forest Service Administrative sites.

3.2 Final Environmental Impact Statement for Integrated Treatment of Noxious or Invasive Weeds on the Coconino, Kaibab, and Prescott National Forests.

C. 4. Contractor Work Requirements and Standards:

C.4.1.1. Orders and delivery:

All work under this contract will be awarded under separate Delivery Orders.

C.4.1.2. Contractor shall provide commercial services for the Chemical Application of Noxious or Invasive Weeds for the required acreage: The acreage in the base year is estimated at 100 acres. The acreage in the option year can range from 100 up to 5000 acres.

C.4.1.3. Chemicals for treatment:

The Contractor shall provide all chemicals required to complete this project. The exception will be for treatment of leafy spurge, where the Forest Service will provide the Plateau herbicide and adjuvants.

C.4.2. Chemical Handling and Care:

C.4.2.1. The Contractor must present ADA Pesticide Applicators License and certificate of insurance:

Vendors must meet all regulations established by the Arizona Department of Agriculture (ADA) for licensed pesticide contractors.

Chemical Application Instructions: Vendor will be provided a schedule of dates and times when Chemical Application is expected at each site after award of the contract.

Vendor will apply only those herbicides that are approved for use by the Forest Service. Herbicides will be applied in accordance with label directions and meet all requirements for legal applications as well as those listed in the Final Environmental Impact Statement for Integrated Treatment of Noxious or Invasive or Invasive Weeds on the Coconino, Kaibab, and Prescott National Forests.

Chemical Application Inspection: Vendor must provide a quality control plan that outlines inspection procedures. The contractor must provide documentation and notify the COR after completing a treatment and inspection on a site before continuing to the next site. These procedures will be required in order to proceed with the next treatment Safety: Vendor will have adequate and appropriate equipment to take on and safely complete project. This includes adequate personal protective gear and first aid equipment to provide for the safety of the applicator and employees. All equipment used by the vendor will be in good working order and safe to complete the project. If at any time, unsafe conditions are discovered by the Contract COR, activities related to the problem will cease until these conditions no longer exist.

C.4.2.2. Contractor shall not alter the chemicals:

It is a violation of Federal Law to use Herbicides in a manner inconsistent with its labeling.

C.4.2.3. Contractor shall take precautions to keep chemicals safe during the Chemical Application operation:

C.4.2.4. Contractor shall be aware of environmental hazards which affect chemical Chemical Application:

Environmental Hazards are described in the following Forest Service publications:

FSH 2109.14 (Pesticide-Use Management and Coordination Handbook, Chapter 40 (Storage, transportation, and Disposal) and Chapter 60 – Spills, Incidents, and Accidents) (http://fsweb.wo.fs.fed.us/directives/fsh/2109.14/). In addition, the Final Environmental Statement for Integrated Treatment of Noxious or Invasive Weeds (2004), Appendix B, gives direction on the following: Design Features, Best Management Practices, Required Protection Measures and Mitigation Measures. (http://www.fs.fed.us/r3/coconino/nepa/index.shtml#Jan31.1) C.4.3. Quality Control:

Contractor shall prepare a Quality Control Plan as described in Section E. Contractor shall inspect the work in accordance with the accepted Quality Control Plan.

C.4.4. Work Plan and Schedule:

The Contractor shall prepare a work plan and schedule that demonstrates that work will be completed within the performance period described in Section F. The Contractor shall provide a general plan with the technical proposal. A supplementary plan and schedule shall be provided after issuance of a task order, but 10 days before start work.

Vendor will keep a daily log containing hours worked, date of application, site, weather conditions, herbicide used, formulation and approximate area treated.

The Contractor shall update the work plan as work is in progress to account for changes; and the updated work plan may be accepted by the Contracting Officer.

Prior to commencement of work, the Contractor shall attend a meeting to discuss the contract terms, work performance requirements, and safety. Also at this meeting such items as work progress schedule, quality control, camping/worksite plan, and fire prevention plans shall be finalized in writing.

C.4.5. 52.236-6 Superintendence by The Contractor (Apr 1984):

At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor.

C.4.6. Key Personnel:

C.4.6.1. The Contractor shall assign to this contract the key personnel identified in their technical proposal and that list may include the following:

CONTRACTOR’S REPRESENTATIVE

FOREMAN/WOMAN

INSPECTOR

C.4.6.2. The Contractor shall make no substitutions of key personnel without notifying the Contracting Officer within a reasonable timeframe and in advance, and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. Proposed substitutes should have comparable qualifications to those of the persons being replaced:

C.4.6.3. The Contractor shall make no diversion of key personnel without the written consent of the Contracting Officer:

C.4.6.4. The contract will be modified to reflect any approved changes of key personnel:

The Contractor’s on-site representative shall be fully conversant and literate in the English language and shall be in the work area whenever work is in progress.

C.4.7. Communications:

The Contractor shall keep the Contracting Officer advised as to where the Contractor can be reached prior to start of Contract Time. Further the Contractor shall maintain contact with the Contracting Officer during periods of work suspension to reduce any delay in resuming planting and to determine the best suitable time and conditions to resume planting.

C.4.8. On-site Representative

The Contractor’s on-site representative shall be fully conversant and literate in the English language and shall be in the work area whenever work is in progress.

C.4.9. Crew Safety:

The Contractor shall consider and address crew safety and provide a Safety Plan consistent with FAR 52.236.13 Accident Prevention Alt. I recognizing that some areas are in areas of snags and fire burned trees.

C.4.9.1. Safety Plan [when required by FAR 52.236-13 Accident Prevention Alt I]:

When required by FAR 52.236-13 Accident Prevention Alt. I, the Contractor shall prepare a Safety Plan which addresses the specific hazards of the work site, and shall include working in areas of dead trees and falling debris. The Contractor shall identify the specific conditions that s/he considers is a hazard. The Safety Plan shall also address the personal protective equipment and mitigating measures the Contractor will do to increase safety on the worksite.

C.4.9.2. Unsuitable conditions:

Whenever it is determined that environmental or physical conditions become unsuitable for herbicide application, the Contractor shall move to another area identified by the Contractor and agreed to by the Contracting Officer, or take other mitigating actions to improve the situation agreed to by the Contracting Officer. When there is no acceptable mitigating practice and no other area is available, the Contracting Officer shall suspend work and stop the contract time. When conditions are again suitable, the Contracting Officer will issue an oral Resume Work Order and confirm that order in writing. The count of contract time will resume on the day indicated by the Contracting Officer. If the Contractor fails to keep in contact with the COR consistent with Section C.4.10, a written Resume Work Order will be mailed and the count of days of contract time will resume on the date specified in that order.

C. 5. Standards:

C.5.1. Mandatory Standard

Regulations of the ADA, and 2004 Record of Decision for the Final Environmental Impact Statement for Integrated Treatment of Noxious or Invasive or Invasive Weeds on the Coconino, Kaibab, and Prescott National Forests.

C.6. Fire Control C.6.1. Contractor’s Responsibility for Contractor-Caused Fires:

The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

C.6.2. Other Fires:

For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

C.6.3. Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area:

C.6.4. An equitable adjustment in contract time may be made for this period:

C.6.5. Fire Protection Requirements - Fire Plan:

At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

C.6.5.1. Fire Tools:

The Contractor will provide for each employee in the contract area at least one approved handtool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under C.6.2. below shall count toward fulfillment of the above requirement. Where additional tools, beyond those required below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

C.6.5.1.1. Fire Extinguishers and Tools on Mobile or Stationary Equipment:

Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

a. One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

b. One - shovel, round point #0 lady or equal.

c. One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

d. One - water container (at least 1-gallon capacity), not required with stationary equipment.

C.6.5.1.2. Smoking:

Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot. Smoking may also be curtailed based on restrictions placed on the general public and contractors due to fire danger.

C.6.5.1.3. Fire Plan:

Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as:

Smoking and campfire restrictions, Powersaw restrictions and Industrial Fire Plan "C" (Hoot Owl)

Camping restrictions, Area closures, Forest closures. depending on what is necessary during periods of critical fire weather conditions.

C. 7. Performance requirements summary:

The following describes the major items in the contract with the incentives and deductions for the work described. Items below are included here as requirements.

· If Contractor meets the standard, no deduction.

· If Contractor does not meet the standard and/or take corrective action, the Government may assess liquidated or actual damages (Section G), and provide adverse performance evaluation.

Quality Control

C4.7.

· If the Contractor fails to meet standards, work may be suspended or the Contractor put in Default for failure to take corrective action immediately and result in adverse performance evaluation.

· When Contractor’s plot inspections meet standards, no deduction.

· If quality does not meet standard, deduction (Section G) and/or additional costs to the Government will be assessed.

Work Plan and Schedule

C.4.10.

Work meets schedule as per the accepted work plan.

Chemical Application operations will not occur when:

Wind velocity exceeds ten (10) miles per hour.

Relative Humidity readings are LESS than 25%.

Frost, snow, or ice covers target plants.

Precipitation (rain or snow) is expected to be received in quantities sufficient to wash chemicals off plants within three hours of application, or when precipitation is sufficient to cause chemicals to be washed into open water sources.

Emergency closures such as Fire Restrictions.

Non-compliance In areas near live water and riparian areas, will be restricted to those herbicides registered for use in those areas.

The herbicide is being used in a manner inconsistent with its labeling

· Work not completed on schedule is subject to Default and may result in assessment of actual costs.

�Noxious or Invasive Weed(s) is used throughout this document. The word Noxious or Invasive has specific legal meaning, which does not apply to all the weeds that might be treated under IDIQ.

�This implies eradication, which may not be the objective for some species.

�Why? Dates?

�Include a map.

�This section appears to be a combination of definitions (which could be put alphabetically to be more useful), and work specifications. This makes this section confusing.

�I agree with Barb's comments. Also, you don't need to include the individual chemicals in this section.

�What does this mean?

�Why are the pink highlighted words in italix?

�Unclear exactly what is meant by these two sentences.

�Identify what this handbook is. Should be included in the government provided section or put a reference here as to where the contractor can get it on the website.

�Repeat statement of C.4.6.4 above.

�What about OSHA? Do we require our contractors to follow OSHA regs?

�Somewhere in here we should include a clause addressing the IFPL - are we going to require the contractor to go to hootowl when we are in C and shut down when in D?