Attachment_1-_Performance_Work_Statement.pdf

United States Department of the Interior U.S. FISH & WILDLIFE SERVICE – Alligator River NWR

PO Box 1969, Manteo, NC 27954

Performance Work Statement

Herbicide Treatment of Alligatorweed in Canals On Alligator River National Wildlife Refuge 13518 Milltail Road, East Lake, NC 27953

1. GENERAL INFORMATION

1.1 General: This is a non-personal services contract to provide herbicide application/spraying for treatment of invasive alligatorweed (Alternanthera philoxeroides) within delineated project boundaries on Alligator River National Wildlife Refuge (NWR) in Dare County, North Carolina.

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, herbicides, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform work services as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

Payment will be processed online through the Invoice Processing Platform System (IPP) at http://www.ipp.gov.

1.2 Purpose: Treatment of invasive exotic plants and their management have been identified as one of the highest priorities within the National Wildlife Refuge System. Invasive exotic plants threaten native plant communities and native wildlife including threatened and endangered species. Alligator River NWR has a significant problem with several exotic and native invasive wetland plants (i.e., alligatorweed, sesbania, phragmites, etc.) within the impoundments and canals of the cooperative farming area of the refuge. Alligatorweed is the primary species of concern. This plant has been an issue in canals on the Alligator River NWR for several years, and impacts water management on the refuge.

1.3 Objective: Application of herbicide for controlling/treating alligatorweed within the designated project boundaries on Alligator River NWR to reduce plant density and to prevent spread of alligatorweed into non-infested areas on the refuge. The contractor will apply the appropriate herbicide, adjuvant and other additives to adequately treat 85% or more of all alligatorweed within the delineated project areas. Estimated acres to be sprayed is 32.7 acres, but may increase or decrease based on submitted quotes.

1.4 Place of Performance: The work to be performed under this contract is located on the Alligator River NWR on mainland Dare County, North Carolina. See map Attachment 3.

http://www.ipp.gov/

1.5 Period of Performance: The period of performance shall begin with the issuance of the award of the contract or September 1, 2024 – June 30, 2025. If plants are in a suitable condition for treatment (actively growing, flowering, no senescence, etc.) as described on the herbicide label, preference would be for the contractor to spray before October 31, 2024. If the spraying cannot be done in Fall 2024, the contractor would be able to spray after March 31, 2025 when plants are in a suitable condition for treatment.

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 Recognized Holidays: The contractor is not required nor permitted to perform services on these holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

1.6.3 Hours of Operation: Normal operating hours for the refuge are between 7:30 AM to 4:00 PM Monday thru Friday, excluding Federal Holidays, or when the government facility is closed due to local or national emergencies, administrative closings, or similar directed government closings. Depending on weather conditions and wind speeds, the work may have to occur outside the normal business day as otherwise arranged with the Contracting Officer’s Representative (COR)/Government Representative (GR).

1.6.4 Contractor Qualifications: The contractor, its employees, and any subcontractors performing work under this contract shall:

• possess a valid state certified aquatic pesticide applicator's license for the state of North Carolina as required or be under direct supervision of a license holder, and

• shall comply with all Federal, State, and local laws and regulations applicable to the contract work and to the products and material used by the contractor in performing that work, and

• be familiar with how alligatorweed looks to ensure that desirable, non-target vegetation is not sprayed.

1.6.5 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, COR, GR, 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.

1.6.6 Identification of Contractor Employees: All contract personnel 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 or performing an unauthorized task. Contractor personnel will be required to obtain and wear badges or company attire indicating name of company in performance of this service.

1.6.7 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.

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.

.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.

2.1.13 WORK WEEK. Monday through Friday, unless specified otherwise.

2.2 Acronyms:

CFR Code of Federal Regulations COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf FAR Federal Acquisition Regulation GR Government Representative IPP Invoice Processing Platform System KO Contracting Officer NWR National Wildlife Refuge OCI Organizational Conflict of Interests POC Point of Contact PPE Personal Protective Equipment PRS Performance Requirements Summary PWS Performance Work Statement

PUP Pesticide Use Proposal QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program REI Restricted Entry Interval SDS Safety Data Sheets TE Technical Exhibit USFWS U.S. Fish and Wildlife Service

3. GOVERNMENT FURNISHED ITEMS AND SERVICES

3.1 Services:

3.1.1 A USFWS employee may be on site during application to make sure the contractor meets and follows all requirements outlined in Part 5. Assessment of the treatment areas will be made two to four weeks following the herbicide treatment to determine if at least 85% of the alligatorweed in the mapped area was treated and showing signs of significant stress and if any areas need to be retreated.

3.1.2 The COR will supply the contractor with any restrictions or directives contained in the approved Pesticide Use Proposal (PUP) that must be followed, in addition to what is listed on the herbicide label.

3.1.3 The government will provide a map of areas to be treated (Attachment 4) to the contractor.

3.2 Facilities, Utilities, and Equipment: The government will provide no facilities, utilities, or equipment.

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES

4.1 General: The Contractor shall provide all personnel, labor, equipment, supplies (i.e., herbicides), transportation, tools, materials, supervision, and other non-personal services necessary to perform the requirements of this contract and shall plan, schedule, coordinate, and ensure effective performance of required services for the entire duration of contract. Treatment application shall be performed in such a manner as to protect non-target plant species, 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.

4.2 Services:

4.2.1 The contractor will apply the appropriate herbicide in such a manner as to treat target vegetation in the canals and at a rate to provide adequate coverage within the designated treatment areas.

4.2.2 The contractor will coordinate with the COR to determine the date(s) and time(s) of herbicide application to minimize impacts on other USFWS activities and ensure the COR/GR is available for oversight and to provide access behind gates. The contractor will provide GIS shapefiles showing actual acreage treated no later than two weeks following application.

4.3. Materials: The contractor will provide all chemicals needed (herbicides, adjuvants, etc.).

An approved PUP must be in place before any chemicals can be applied. Application rates and number of applications shall be no more than the maximum permitted by label for controlling species to be treated or otherwise specified in the approved PUP. The contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures under an approved PUP.

4.4 Equipment: The contractor shall provide the equipment, PPE, and any other supplies needed to complete the requirements of this PWS. The contractor will need to have a water truck or other source capable of refilling spray equipment with fresh, low-mineral content water.

4.5 Government Point of Contact:

Kelley Van Druten, kelley_vandruten@fws.gov, (252) 475-0172 mobile

5. SCOPE/ SPECIFIC TASKS

5.1 Basic Services:

5.1.1 Herbicides by brand name, application rate, and adjuvants (surfactant, drift agent, etc.)

proposed for use by the contractor in the bid proposal must be approved by the refuge through a PUP and Endangered Species Act Section 7 Consultation prior to application. ProccellaCOR EC is the preferred herbicide to use for treatment, but the contractor may propose different chemical(s) or tank mixes based on his/her experience with alligatorweed, but work cannot proceed until a PUP is completed and approved for the chemicals that will be used.

Application rate and use of surfactant or other additives will be proposed by contractor and agreed to or negotiated by the refuge before bid acceptance. Method, herbicide and rate, and additive(s) and rate will be part of the bid proposal. Under no circumstances shall a non-approved herbicide, or combination thereof, be used on the refuge.

5.1.2 Work performance shall be defined as 85% or more of identified areas of alligatorweed, up to agreed upon number of acres, showing significant browning/yellowing or decline. The contractor shall provide GIS polygon data for the areas treated within two weeks of treatment.

Repeat applications, if required, will be at no additional cost to the Government. The COR/GR shall conduct surveys using GIS and GPS two-four weeks post treatment to determine if 85% or more of the area has been treated and is showing significant browning/yellowing or decline.

mailto:kelley_vandruten@fws.gov

5.2 Treatment Areas:

5.2.1 The alligatorweed varies from isolated, small patches to large, continuous patches of dense plants. The contractor should make best effort to treat as much of the alligatorweed in each area as possible up to the agreed upon total acres.

5.2.2 Treatment Areas are canals in and around the refuge Farming Unit with water in them.

These include roadside canals and canals inside impoundments. Canals are approximately 20-ft wide with an overall estimated 75% density of alligatorweed, though this will vary by canal.

• Sawyer Lake Canal: canal with a steep bank running along northside of Sawyer Lake Road, which is part of the Wildlife Drive and heavily used by visitors.

• South Twiford B and C Canal: main impoundment canals, crops are planted in the impoundments, accessed by gated road

• Laurel Bay Canal: canal with a steep bank running along northside of Laurel Bay Road, gated road

• River Canal: canal running along eastside of River Road, frequent visitor use

• Long Curve Canal: canal running along eastside of Long Curve Road, steep in some places, road is part of the Wildlife Drive and heavily used by visitors

• Borrow Pit Canal: canal running along northside of Borrow Pit Road, frequent visitor use

• Bear Road Canal: canal running along westside of road between refuge and Dare County

Landfill property, gated

• Creef/Peterson Canal: canal running between Creef and Peterson Roads (dirt), gated roads

• Creef A3 Canal: main impoundment canals, moist-soil managed impoundment, gated access

• Creef A2 Canal: main impoundment canals, crops are planted in impoundment, gated access

Treatment Area Color on Map Canal Length

(feet) Acres Sawyer Lake Canal Dark Blue 14,011 6.4 South Twiford-B & C Canal Red 11,281 5.2 Laurel Bay Canal Line Green 12,408 5.7 River Canal Light Blue 6,500 3.0 Long Curve Canal Light Purple 14,830 6.8 Borrow Pit Canal Orange 6,930 3.2 Bear Road Canal White 6,970 3.2 Creef/Peterson Canal Yellow 7,590 3.5 Creef A3 Canal Light Orange 7,090 3.3 Creef A2 Canal Dark Purple 7,140 3.3

Total Project Acres 43.6 Estimated Acres to Total Acres to Treat 32.7

5.3 Herbicide Handling, Mixing, and Application:

5.3.1 Herbicide treatment will be from canal bank to canal bank as needed to treat all the alligatorweed in the designated canals. All canals to be treated are along driveable roads or dikes; however, not all canals or canal banks are unobstructed by trees and brush and sides vary in steepness.

5.3.2 The contractor will be responsible for all unloading/loading operations and the safe transportation of herbicides. Movement of chemicals, water, and equipment in and around the treatment locations will be the sole responsibility of the contractor. All personnel and equipment to be used will be appropriately licensed and certified for the work to be done. The contractor will be responsible for providing sufficient equipment, fuel (for equipment), PPE, 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 spray project.

Unused, mixed pesticides will be disposed of and spray equipment cleaning accomplished in accordance with local, state and EPA guidelines off refuge. The contractor will ensure that no contamination of any water source occurs from petroleum products, that emergency spill containment equipment is at the worksite, and said spill equipment is capable of containing potential herbicide or petroleum spills from contractor vehicles and equipment. The COR/GR shall be notified immediately of any spill or accident.

5.3.3 All spray tanks and mixing tanks must be properly cleaned (triple rinsed) prior to arrival because this will not be allowed on site. Dispose of all empty herbicide and surfactant containers according to state and federal regulations. Rinse water may not be released on the refuge. Prior to leaving the worksite for the day, the contractor shall remove all trash, equipment and materials from government property unless approval has been granted by the COR/GR and a storage site has been identified.

5.3.4 The contractor will supply equipment to meter chemicals and water mixtures, and will provide mixing and loading equipment and water. Water hauling services will be required in order to provide fresh, low-mineral content water for mixing. The contractor must be capable of calibrating equipment to the final application rate specifications.

5.4 Special Considerations:

5.4.1 Some places have alligatorweed growing among other vegetation. In these cases, the contractor should limit treatment to just alligatorweed as much as possible, but some affect to mixed vegetation is acceptable. Damage to other non-target species outside the canals, such as agricultural crops, must be avoided. Consult with the COR/GR if there are any concerns with a particular area of alligatorweed, prior to treatment.

5.4.2 Public and contractor safety must be ensured when spraying or using pesticides. Some treatment areas are open to the public with some areas adjacent to crops of our cooperative farmers. Hunting is allowed on the refuge in areas where the contractor will be spraying.

5.4.3 Treatment Areas will be posted with appropriate Restricted Entry Interval (REI) per herbicide label. The contractor should coordinate with the COR/GR if needed to assist with sign removal after the REI is over.

5.4.4 The contractor shall be responsible for complying with the label and Safety Data Sheets (SDS) for each chemical used and making these SDS readily available to all contract employees working with chemicals. A copy of applicable SDSs will be provided to the COR via email.

5.4.5 Hazards to be considered by contractor employees include, but are not limited to, herbicide exposure, heat exhaustion and stress, biting insects, stinging venomous insects and snakes, and poisonous plants such as poison ivy.

6. DELIVERABLES

6.1 Within two weeks after initial treatment and any required retreatment, the contractor will provide a chemical use report detailing the total amount of herbicide(s) applied by name, total acres sprayed, method used, and estimated efficacy of treatment.

6.2 GIS data of the areas sprayed will be provided in a shapefile format with a projection of either WGS 84 or NAD 83 within two weeks of initial treatment and any retreatment.

6.3 Schedule:

Deliverable Frequency # of Copies Medium/Format Submit To Chemical Use Report Within 2 weeks following initial treatment and within 2 weeks after any follow up treatments

1 Electronic/ Narrative or table

Kelley Van Druten at kelley_vandruten@fws.gov

GIS data of area sprayed

Within 2 weeks following initial treatment and within 2 weeks after any follow up treatments

1 Electronic/ Shapefiles

Kelley Van Druten at kelley_vandruten@fws.gov

7. EVALUATION AND ACCEPTANCE

7.1 The Contractor will be evaluated as detailed herein. The task shall be considered completed following a final inspection of the treated areas by the COR/GR, and only if it is determined that 85% or more of the alligatorweed within the delineated area shows significant browning/yellowing or decline. It shall be the responsibility of the contractor to re-treat areas, at no additional cost to the government, until 85% or more of the area shows significant browning/yellowing or decline.

7.2 Surveillance Methods:

7.2.1 Regularly scheduled and random, in-person direct observation of work

7.2.2 The COR/GR reserves the right to inspect 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 government.

7.2.3 The contractor shall be responsible for notifying the COR/GR when treatment is completed so that the project area can be inspected two-four weeks post treatment. Eighty-five percent of the treated vegetation should show significant browning/yellowing or decline two-four weeks post treatment.

8. BID PROPOSAL

8.1 Contract is a Firm-Fixed price contract.

8.2 Prospective contractors shall describe what method (boat, truck, back-pack, etc.) will be used to spray. Bids shall be submitted on a cost per acre/per method basis and as a total project cost for all acres. If funds are not sufficient to cover total project cost, acres to treat will be reduced.

8.3 Bids should include spray method to be used in which Treatment Area, brand name of herbicide(s) and any additives to be used, and proposed application rates for each herbicide and additive.

9. ATTACHMENTS

9.1 Attachment 1 – Performance Requirements Summary

9.2 Attachment 2 – Bid Proposal Sheet

9.3 Attachment 3 – General Location Map

9.4 Attachment 4 – Treatment Area Map

ATTACHMENT 1

Performance Requirements Summary

Performance

Objective Standard Performance

Threshold Method of

Surveillance Positive Or Negative

Incentive

PRS # 1.

The contractor and employees shall have required licenses/ certificates.

Refer to 1.6.4

100% compliance.

Zero Deviation

Visual Inspection of licenses / certificates.

Positive:

Favorable performance review; prompt payment of invoices.

Negative: Possible Termination for Default.

Negative performance evaluation.

PRS # 2

The contractor shall provide application of approved herbicides via approved methods.

Refer to Parts 4 and 5.

85% compliance

At least 85% of the alligatorweed in Treatment Areas show significant yellowing or decline.

Positive:

Favorable performance review; prompt payment of invoices.

Negative: Retreat missed areas at no additional expense to the government. Negative performance evaluation.

PRS # 3

The contractor shall protect government and private property and public safety at all times

Refer to 5.3 and 5.4.

Zero deviation

Positive:

Favorable performance review; prompt payment of invoices.

Negative: Restore areas to the condition found prior to damage at no additional expense to the government. Negative performance evaluation.

PRS # 4

Contract deliverables shall be delivered in a timely and appropriate manner.

Refer to Part 6.

Zero deviation

Visual Inspection, Physical Acceptance

Positive:

Favorable performance review; prompt payment of invoices.

Negative: Delayed inspection; delayed payment until all deliverables received.

ATTACHMENT 2

Bid Proposal Sheet

Contract Cost – List any method and cost per acre that you intend to use.

Method 1: ___________________________ Cost per acre: _________________

Area(s) to be treated: ______________________________________________________

Method 2: ___________________________ Cost per acre: _________________

Method 3: ___________________________ Cost per acre: _________________

Total project cost: ___________________________

Herbicide Information

1) Brand name of herbicide 1: __________________________________________________

Application rate: __________________________________________________________

2) Brand name of herbicide 2: __________________________________________________

Application rate: __________________________________________________________

3) Brand name of Surfactant: ___________________________________________________

Application rate: ___________________________________________________________

4) Additional information: _____________________________________________________

ATTACHMENT 3

ATTACHMENT 4