Attachment_1_-_Key_Cave_NWR_Herbicide_Treatment_PWS.pdf

Performance Work Statement (PWS)

Furnish and Deliver Hardwood Seedling and Stump Regeneration Treatment for Key Cave National Wildlife Refuge

Florence, Alabama

I. GENERAL INFORMATION

1.1 General: This is a non-personal services contract to provide herbicide application to Chinese privet, sweet gum, and all other woody stems following a mulching treatment within the delineated project boundaries on Key Cave

National Wildlife Refuge (NWR/Refuge). 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. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform work services 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 Introduction: The Contractor shall apply the appropriate herbicide and adjuvant to control/treat all woody stem plant species including but not limited to Chinese privet, Bradford pear, mimosa and sweet gum within the delineated project unit on Key Cave NWR following 12 months of growth/regeneration after a mulching treatment.

The Contractor shall treat 100% of targeted vegetation and shall apply sufficient herbicide to control 95% of all vegetation 60 days post-treatment.

1.3 Period of Performance: The Contractor shall begin work May 1, 2025 and shall have the initial treatment completed within 60 calendar days. The project shall be fully completed [initial, re-treat (if needed), final inspection, final invoice] by September 30, 2025. The Contractor shall wait a minimum of 60 days before performing any re-treatments so results of the initial treatment are visible, and crews shall then target woody stem plants missed during initial treatments. Final inspection and final billing shall be completed prior to the end of the

Period of Performance.

1.4 Place of Performance: The work to be performed under this contract will be within the boundaries of the Key

Cave NWR, in Florence, Alabama. Key Cave NWR is 1,060 acres consisting of open grassland, oak savanna, cropland and forested habitat. Total acreage of the treatment area is approximately 250 acres and is specified on the map provided. The treatment areas consist of an oak savanna-woodlot, grassland drainages, and open grassland. The treatment areas can be easily accessed by interior dirt/gravel roads.

1.5 Type of Contract: This is a fixed price - cost per acre contract

1.6 Special Qualifications: n/a

1.7 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference or progress meetings 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), Government/Site Representative (GR/SR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance and/or status of work. 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 being experienced, if any. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.8 Contracting Officer Representative (COR)/Government/SR Representative (GR/SR): The COR/SR will be identified by either separate letter or other form of notification. The COR/GR monitors all technical aspects of the contract and assists in contract administration. The COR/GR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; conduct 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, Attachment 1 designs, and specifications; monitor Contractor performance and notify 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.

1.9 Key Personnel: The following personnel are considered key personnel by the government: Contract

Manager/Administrator, Project Manager/Supervisor. 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.

1.10 Data Rights (If applicable): 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.

II. BACKGROUND

2.1 This purpose of this project is to chemically treat stumps and stem regeneration following a mulching contract that occurred from March through April, 2024. The mulching project consisted of the mastication of trees and other wood species within a 75 acre woodlot, within grasslands and along drainages. The goal was to reduce forest basal area from 120 to 80 ba within the woodlot and remove all woody species within grasslands and along drainages.

Twelve months after mastication and reduction of woody species, chemical treatment is needed to target hardwood and woody seedlings and stump regeneration. Stump and seedlings is categorized as moderate to heavily dense, varying in density across the project area.

Treatment and management of woody stem encroachment and regeneration has been identified as a high priority to reduce fuels to provide safe and manageable prescribed fire operations. Prescribed fire is a critical tool to manage grassland habitat for northern bobwhites, dickcissels, grasshopper sparrows, loggerhead shrikes, and other species of grassland obligate birds. Key Cave NWR is designated under the Central Hardwoods Bird Conservation Partnership as a grassland focus area. By managing portions of Key Cave NWR in native warm season grassland habitat, the

Refuge is supporting landscape conservation goals and providing habitat for declining grassland-dependent wildlife

(USFWS 2007).

III. SCOPE

3.1 Objective: To provide herbicide control and treatment of all woody stem species (seedling and stump regeneration following mulching) including but not limited to Chinese privet, Bradford pear, mimosa, and sweet gum within delineated project boundaries. Completion of the proposed project shall ensure restoration, in part, to a larger ecosystem that provides habitat used by a host of species.

3.1.1 Treatment Unit: The overall goal of this effort shall be to treat all woody stem vegetation (seedling and stump regeneration following mulching) including but not limited to Chinese privet, Bradford pear, mimosa, and sweet gum within the treatment units to restore native habitat and enhance re-growth of native vegetation. The treatment area is a combination of oak savanna, woodlots, forest edges (90 acres) and drainage strips, and grasslands (160 acres). The Oak Savanna/woodlot was mechanically thinned (mulched) during the spring of 2024 reducing the basal area from 120ba to 80ba. The grasslands were also mechanically treated in the spring/summer of 2024 in areas where woody stemmed vegetation was most prevalent.

Sixty days after the initial treatment, the Contractor shall fully survey and treat all plants that were missed. If the

95% control is not met after inspection the U.S. Fish and Wildlife Service (USFWS) will request the contractor to perform a retreatment. USFWS staff reserve the right to mobilize the Contractor to any areas, provided funding remains on the task order to achieve habitat management goals of the Refuge. The boundary of the treatment area is identifiable on the map.

The attached map shows the treatment area.

3.2 Contractor must comply 100% with the agreed-upon plan of work. Method of treatment shall be by ground.

Applications must be at the appropriate rate suggested by the manufacture and in accordance with the label. All work must be done according to work statement, EPA standards, and herbicide label restrictions.

3.3 The Contractor shall provide all personnel, labor (i.e. herbicide application), equipment, supplies (i.e. chemicals, herbicides, adjuvant), transportation, tools, materials, supervision, and other non-personal services necessary to perform the requirements of this contract order and shall plan, schedule, coordinate, and ensure effective performance of required services for the entire duration of contract. Treatment applications shall be performed in such a manner as to protect non-target organisms, the environment, and the public. NOTE: The Contracting Officer reserves the right to require the Contractor to replace any operating personnel, or equipment used in the performance of this Contract if the personnel, or equipment are violating, or have violated, any state or federal laws; or are unsafe; or for any valid reason. In this event, the Contractor shall as soon as reasonably possible, upon written or verbal notice (to be later reduced to writing) from the Contracting Officer, provide replacements satisfactory to the

Contracting Officer at no additional cost.

3.4 Work performance shall be defined as 100% of woody stemmed vegetation to be treated, and a 95% control rate

(Acceptance Criteria [AC]) achieved 60 days post-treatment. If the AC is not met, it shall be the responsibility of the Contractor to re-treat areas until the control rate is achieved at no additional cost to the Government (FWS).

NOTE Treatment locations may change at management’s discretion due to environmental conditions or if there is a need to complete higher priority treatments within the approved work areas. This will not result in a penalty or decrease in funds to the Contractor, as long as performance is acceptable.

3.5 The Contractor shall provide adequate personnel for the purpose of loading and dispersing of the chemicals. The

Contractor shall be responsible for all unloading/loading operations. Movement of chemicals, water, and equipment in and around the treatment locations shall be the sole responsibility of the contract applicators. All personnel and equipment to be used shall be appropriately licensed and certificated as appropriate for the work to be done. The

Contractor shall be responsible for providing sufficient equipment, fuel (for equipment), safety items, spill response kit, personnel and their subsistence needs during the project period, as well as checking all work sites for hazards of any type which could affect their ability to accomplish the spraying project.

3.6 The Contractor shall provide USFWS with contact information for all ground personnel, vehicles, and equipment, identification information (including make, model, color, name of company, and contact information) at least 48 hours before implementation of the project.

3.7 The Contactor shall only be permitted to use herbicides that have been approved for use on the Refuge through the FWS Pesticide Use Proposal process. No exceptions shall be permitted. Rates applied shall not exceed the highest rate recommended on the label for that treatment.

3.8 The Contractor shall supply equipment to meter chemicals and bark oil mixtures, and shall provide mixing and loading equipment and water. The Contractor must be capable of calibrating equipment to the final application rate specifications.

3.9 Public Safety: Public safety must be ensured when spraying or using pesticides. Refuges are visited by the public. In application areas where there is potential for public use, the Refuge shall advise the Contractor of any public use hazards. It shall be the ultimate responsibility of the Contractor to initiate spray operations – GO/NO

GO. The Contractor shall mitigate for herbicide contamination on federal land and adjacent private property, and any adjacent waters. Herbicides shall be applied and utilized as approved or recommended on the label. Any fines or penalties for herbicide contamination or resultant environmental damage shall be the responsibility of the

Contractor.

3.10 The Refuge Manager must be notified at least 48 hours prior to any application of chemical.

3.11 No heavy equipment shall be allowed to operate within the treatment units. If work is prohibited by the

USFWS due to extended wet weather, negotiations may be made to lengthen the contract period.

3.12 The Contractor shall avoid any damage to native vegetation and wildlife, with minimal drift, other than any identified native vegetation to be treated. The Contractor shall not collect, harass, harm, or molest native plants or wildlife. The Contractor shall avoid damage to sensitive archaeological sites. The Contractor shall be responsible for the removal of all trash and treatment-related equipment (i.e. flagging). The Contractor shall be held liable if damage was determined to be the fault of the Contractor (negligence), the result of improper treatment techniques, or the result of Contractor control activities.

3.13 In order to most effectively treat targeted woody plants, treatment efforts shall occur May through September.

Access to the unit is via the Lauderdale County Road 204. There are several paths within the tract that are accessible by UTVs/ATVs, furnished by the contractors. On-site storage of approved materials/equipment is permitted at the risk of the Contractor – location to be determined and at Refuge Manager’s/COR/SR discretion.

3.14 Each ground crew shall consist of one supervisor and no more than six crewmembers per supervisor. A minimum of one crew shall be utilized for this project. The ground crew supervisor must be an Alabama licensed herbicide applicator, and shall be responsible for data collection, herbicide application and inventory, herbicide safety procedures, and crew supervision. The ground crew supervisor shall have navigation equipment such as a hand-held Global Positioning System (GPS) device, to mark areas of treatment for submittal to the Refuge. All targeted plants, or populations of such plants, shall be treated and treatment sites recorded at each designated location before proceeding further. The Refuge COR/SR shall provide technical support concerning species treatments for each delineated work area. Under no circumstances shall a non-approved herbicide or combination thereof, be used without knowledge or permission of the COR and an approved pesticide use proposal.

IV. APPLICABLE DIRECTIVES

4.1 All Contractor employees performing work directly onsite must adhere to all local regulations, rules, policies relating to the obtainment of proper clearances, building access, site access, and badges. If applicable, must complete background investigation, computer security, and records management training.

4.2 The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

4.3 OSHA, 29 CFR 1910 (as applicable)

4.4 EPA regulations

4.5 The Contractor shall be responsible for acquiring and maintaining all federal and local licenses, certification, and permits as required including an Alabama State Commercial Pesticide Applicator license. Each crew supervisor shall have a valid and current license in the aquatic and/or natural areas categories issued by the State of Alabama, Department of Agriculture and Forestry. The Contractor shall be required to submit a copy of the licenses to the

Contracting Officer prior to the award date.

4.6 Federal Insecticide, Fungicide, and Rodenticide Act

4.7 All State Laws and Regulations

4.8 The Contractor (or their representatives) shall not litter. Litter violations shall be handled under Federal Code of

Regulations 50CFR27.94(a) , which carries a fine of $100.00 per incident upon conviction.

V. PERFORMANCE REQUIREMENTS

5.1 Supply and apply herbicide according to desired outcomes as per label directions and quantities.

5.1.1 Standing plants shall be cut or left in place at the contractor’s discretion. The Contractor shall have full responsibility for systematically treating the highest priority areas indicated by the COR/SR unless the priority is changed by management. The Crew Supervisor shall be responsible for notifying the COR /SR within three weeks of treatment completion so that area can be inspected. Areas not treated, or not responding to treatment shall be required to be retreated at the Contractor’s expense, if it is determined that the Contractor provided inadequate treatment measures. The Contractor shall be responsible for 100% treatment and 95% control (60 days post-treatment) of woody stem vegetation including but not limited to Chinese privet, Bradford pear, mimosa and sweet gum the delineated treatment area.

5.1.2 Treatment

5.1.2.1 Key Cave NWR treatment area: Complete ground treatment of 100% of all woody stem vegetation (seedling or stump regeneration) including but not limited to Chinese privet, Bradford pear, mimosa and sweet gum.

Application shall be a basal spray, injection or foliar method. To ensure effective basal treatment of the stems

(plants), removal of leaf litter from the base of the tree may be required. Larger trees may require a hack and squirt method to properly and effectively treat.

5.1.2.2 Apply herbicides in such a manner and rate to provide adequate coverage within the designated treatment areas. Application rates shall be no more than the maximum permitted by label and manufacturer’s specifications.

The Contractor shall only apply herbicides that have been approved through the Refuge Pesticide Use Proposal process. Confirmation of permitted herbicides shall be coordinated with the COR/SR/Refuge Manager, discussed during the Pre-Award teleconference, and approved well in advance of the spraying. The Contractor shall be held liable for the use of any non-approved herbicides or damage occurring from the usage of a non-approved herbicide.

Aquatic labeled herbicide must be used within 50 feet of any standing water.

5.1.2.3 The Contractor shall canvass 100% of the treatment area.

5.1.2.4 Non-Target Damage: The Contractor shall, to the best of their ability, avoid non-target damage to native vegetation and crops and avoid disturbance and impacts to native wildlife.

5.1.2.5 Handling, Mixing, Chemical Disposal: All herbicides and adjuvants/surfactants shall be handled and stored in accordance with instructions on the EPA registration label. All herbicides shall be mixed and applied in accordance with the label instructions. Unless noted, the Contractor shall be responsible for providing, handling, mixing and disposing of all herbicides and adjuvants/surfactants. The Contractor shall be responsible for providing all mixing water on all USFWS projects. In addition, the Contractor shall ensure that no contamination of any water source occurs, and that emergency spill containment equipment or spill kit shall be present at the worksite and shall be capable of containing all potential herbicide or surfactant spills from contract vehicles or equipment.

5.1.2.6 The Contractor shall perform an initial treatment and a re-treatment, as necessary, to ensure Acceptance

Criteria is met.

5.2 The Contractor shall complete the herbicide application during the specified dates as directed by the COR/SR.

5.2.1 The Contractor shall coordinate with the Government to determine the date(s) and time(s) of herbicide application to minimize impacts on other Government activities and so refuge staff has time to close roads and trails in the treatment area prior to treatment beginning. Contractor must have work dates and a plan of work approved by the USFWS 48 hours prior to beginning work, preferably established during a face-to-face pre-work meeting.

5.3 The Contractor shall clean and flush spray equipment in accordance with EPA guidelines. All spray tanks and mixing tanks must be properly cleaned (triple rinsed) prior to arrival because this shall not be allowed on site.

Contractor/operator may not flush/rinse out tanks onto the ground after the job is completed. Prior to leaving the worksite for the day, the Contractor shall remove all equipment and materials associated with contract or aerial spraying activities on government property unless approval has been granted by the Refuge Manager, and/or a storage site has been identified.

5.4 Contractor shall be responsible for cleaning up any spills that may occur.

5.5 The Contractor shall avoid any damage to native vegetation and wildlife. The Contractor shall not collect, harass, harm, or molest native plants or wildlife. The Contractor shall be responsible for the removal of all trash and treatment-related equipment. Trash shall be removed on a daily basis. If damage occurs, the Contractor shall be held liable if damage was determined to be because of Contractor negligence, the result of improper treatment techniques, or the result of Contractor control activities.

5.6 Special Conditions

5.6.1 The COR shall inform the Contractor of the time schedule as work progresses. However, the Contracting

Officer may halt work at any time upon written notice.

5.6.2 Weather and site conditions may interfere with the work completion schedule negotiated at the award conference. The Contracting Officer may halt work at any time upon written notice for conditions beyond the control of the contractor. If this result in significant time lost, the completion date for the project can be re-negotiated by the CO/COR/SR and the Contractor.

VI. WORK TIME/HOURS OF DUTY

6.1 Work shall not be performed on the following holidays: New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, and

Christmas.

6.2 Hours of Operation: Unless approved by the CO/COR/SR, the Contractor is responsible for conducting business

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 shall 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.

VII. SUPPLIES, MATERIALS, EQUIPMENT, AND UTILITIES

NOTE: As a government agency dedicated to “working with others to conserve, protect and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people,” the U.S. Fish and Wildlife Service strives to incorporate the most ecologically sound and environmentally beneficial technologies, materials, and practices into all aspects of planning and operations. To help achieve this mission and meet Executive Orders (EOs) and Department of the Interior (DOI) planning requirements, the USFWS has implemented strategies to reduce the environmental impacts associated with procurement, lease acquisition, waste prevention and recycling, facility design, construction, operation and management, contracting and permitted commercial visitor services. These strategies have been collectively referred to as the FWS’s Green Procurement and Waste Prevention & Recycling

Program (Greening Program) and are a part of the FWS’s overall approach to environmental management.

7.1 Government-Furnished Property and Services. The Government will not be providing any additional materials, the contractor shall have all materials necessary to complete the job.

VIII. SUPERVISION

8.1 In order to ensure performance and accomplishment of the work as outlined herein, the Contractor shall provide adequate and competent supervision at all times for all work to be accomplished by the Contractor’s employees.

When contract work is in progress, supervisory personnel shall be available at all times to receive notices, reports, or requests from the GR/COR or his authorized representative. At no time shall Government representatives direct or supervise the activities of the Contractor’s employees.

8.2 On-site Supervision. An on-site supervisor, with the ability to speak and understand English clearly, and with the authority to act for the Contractor on a day-to-day basis and to sign inspection reports and all other correspondence on behalf of the Contractor, shall be present at the work site at all times when contract work is in progress, unless a contractor employee can act on the supervisor’s behalf.

8.3. Supervisory Responsibilities. Supervisory responsibilities shall include, but shall not be limited to, the following:

8.3.1 Providing an adequate labor force; this includes the immediate replacement of personnel dismissed for cause or leaving employment of their own volition.

8.3.2 Ensuring that Contractor personnel are properly trained to perform their assigned work in a proper, safe, and efficient manner, and ensuring that the proper supplies, materials, and equipment are on hand.

8.3.3 Taking action to prevent general carelessness by employees and/or abuse of facilities or equipment.

8.3.4 Establishing an effective and comprehensive safety program.

8.3.5 Indoctrinating employees to report fire, hazardous conditions, maintenance deficiencies, and graffiti.

8.3.6 Continually ensuring that the conduct of the Contractor’s employees reflect favorably upon the Contractor’s and FWS organization(s). If applicable, supervisory personnel are responsible for ensuring that employees fully support and participate in the energy-conservation program within the facilities. Use lights or other energy-consuming equipment only in areas where and when work is actually being performed. Secure lights and other equipment when not in use or needed.

IX. CONTRACTOR PERSONNEL QUALIFICATIONS

9.1 Supervisory Personnel. All supervisory employees engaged in directing the work to be accomplished under this contract shall possess, at least with-in the last two years of recent, (within the past four years) experience in directing the subject service-type operations in a supervisory capacity for buildings/property of the approximate size/scope under this contract.

X. DELIVERABLES

10.1 Frequent reporting/accounting of overall progress and (to-date) expenditures (i.e. 25%, 50%, 90%) or as determined by the Government/Site Representative.

10.2 Universal Daily Progress Report (U-DPR), to be provided prior to commencement of work, documenting all locations treated in UTMs, habitat types, herbicides and surfactants used and their respective volumes, dates treated, number of applicators, hours worked, targeted species and stems/acreage treated and seedlings pulled, equipment used and hours, etc., which shall be submitted to the FWS Site Manager or his/her designee on a bi-weekly basis

(minimum).

10.3 Upon completion of the project, the Contractor shall provide the Site Manager with the total volume of herbicide (for each type) used, list of species treated with each herbicide and the estimated infested acres treated by species.

10.4 Associated tracks and waypoints collected shall be downloaded as a projected shapefile and provided to the

COR/SR of record or their designee. NOTE: Contractor crew supervisor cannot enter the Refuge, unless they have and are proficient with a GPS to navigate.

10.5 Coordination, application, and wrap-up meetings

10.6 Work plan to include schedule

10.7 Safety/spill response plan.

10.8 A government representative will inspect all areas periodically during the contract period and will perform a final inspection of all areas 30 days following treatments.

10.9 Copies of all task order invoices (signed by the Contractor Crew Supervisor/Site Manager) shall be submitted to the FWS Site Manager and/or R4 ISST as agreed upon by the Government and the Contractor. Invoices shall be submitted no more frequently than on a monthly basis.

DELIVERABLES SCHEDULE

(This technical exhibit lists any reports or documentation that is required as a deliverable and includes the frequency, # of copies, medium/format and who/where it is to be submitted. A deliverable is anything that can be physically delivered but may include non-physical things such as meeting minutes.)

Deliverable Frequency # of Copies Medium/Format Submit To

Routine reporting/accounting of progress and (to-date) expenditures

25%, 50%, 90%

1 Hard/soft copy in

MS Word or Excel format

Government

Representative/Manage r

U-DPR Bi-weekly 1 Hard/soft copy in

MS Word or Excel format

Government

Representative/Manage r

GPS/ Track Log As directed by the

COR/SR

1 Projected shapefile Government

Representative/Manage r

Daily logs to document work

Recorded daily;

submitted bi-weekly

1 Hard/soft copy in

MS Word or Excel format

Government

Representative/Manage r

Coordination, application, and wrap-up meetings

As directed by the

COR/SR

n/a Meeting Government

Representative/Manage r

Quality Assurance Plan

1.1 The Contractor shall institute a complete quality-control program to ensure that the requirements of this contract are provided, as specified. The overall goal of the program should be to identify and correct any problems that may exist before they are identified by or reported to the Government Representative (GR)/Site Representative (SR).

This shall aid in ensuring the contractor meets time schedules, adheres to standard commercial practices, and complies with Performance Work Statement/contract in an efficient, ethical, and productive manner. As a minimum, the program shall include:

1.1.1 An inspection system covering all the services required under Section V (Performance Requirements) with a comprehensive checklist to be used to inspect contract performance during scheduled and unscheduled inspections, and the name(s) of the individuals who shall be performing the inspections.

1.1.2 A system for identifying and correcting deficiencies and/or a pattern of deficiencies in the quality or quantity of services provided before the level of performance becomes unacceptable and/or Government inspectors point out the deficiencies.

1.1.3 A file of all inspections conducted by the Contractor and corrective actions taken (at Contractor’s expense).

This should include follow-up inspections to ensure that corrective action was appropriate, complete, and timely.

This documentation shall be organized in a logical manner, kept current, and made available to the GR and the

Contracting Officer (CO) during the term of the contract.

1.1.4 When notified of a deficiency, items designated as unsatisfactory or below standard shall be re-performed by

Contactor at no additional cost to the Government. All corrective action must be completed by the next working day of notification of the deficiency. If not, a deduction may be made (as determined from the applicable month’s invoice). Failure of the Government to notify the Contractor of a deficiency does not relieve the Contractor of the obligation to perform services nor does it relieve the Contractor of the responsibility to ensure that quality control measures are adhered to for contract compliance.

1.2 Performance Indicators and Acceptable Quality Levels

1.2.1 Comply with work production/work schedule(s) except for Excusable Delays. 100% compliance

1.2.2 Comply with all work requirements and standards as indicated within the Work Statement. 100% compliance

1.2.3 Comply with all contract terms and conditions. 100% compliance

1.2.4 Must not damage government resources, fish, wildlife, and/or property. 100% compliance

1.2.5 Maintain safety of workers and work environment at all times. 100% compliance with no deviations

1.2.6 Maintain a Quality Control Plan and immediately disclose/report any problems. 100% compliance

1.2.7 Ensure all equipment is in good working order during the entire period of performance and safeguard the use and storage of all chemicals. 100% compliance

1.2.8 The Contractor shall only utilize herbicides that are currently approved for use on the Refuge through the

Annual Pesticide Use Proposal process (an internal USFWS document). 100% compliance

1.2.9 The task shall be considered completed following a thorough final inspection of the delineated treatment area by the Contracting Officer’s Representative (COR), and only if it is determined that the Contractor treated 100% of all woody stemmed vegetation within the delineated treatment area after the initial and re-treatment phases have been completed and achieved a 95% control rate 60 days post-treatment. If it is determined that the Contractor did not achieve a 95% control rate, and was found in non-compliance, additional re-treatment of the entire area shall be performed at the Contractor’s expense.

1.2.10 Whenever possible and to the greatest extent of the Contractor’s capabilities, herbicide drift shall be avoided.

The Contractor shall be held responsible for extensive non-target damage (to be determined by the COR/SR). 100% compliance

1.3 Surveillance Methods

1.3.1 Regularly scheduled inspection/review of work and unscheduled inspections.

1.3.2 Inspection of materials, equipment, and chemicals. The CO/COR/SR, reserves the right to inspect, at any time upon notice to the Contractor, the Contractor’s procedures, spray system, spray solution, and other ancillary equipment, and operating personnel. Inspection, however, shall not relieve the Contractor of any obligations or responsibilities, nor shall it transfer any liability to the Refuge.

1.3.3 Contractor logs/reports

1.3.4 Entire payment will be held until final inspection by Refuge staff to determine effects on target vegetation.

Following inspection, the Contractor may submit their invoice for payment. Unless 100% coverage with 95% control is shown on all targeted vegetation, the Contractor must return to the unaffected portion of the site and re-spray at their expense within 2 months of the original treatment. Payment will be withheld until satisfactory results are achieved.

1.4 Incentives

1.4.1 Non-compliance with Performance Work Statement will result in negative performance evaluation/rating.

1.4.2 A positive performance rating will be given for overall satisfactory work and compliance related to the contract.