Attachment_1-_Performance_Work_Statement.pdf

United States Department of the Interior U.S. FISH & WILDLIFE SERVICE – Pocosin Lakes NWR

205South Ludington Dr., Columbia, NC 27925

Performance Work Statement

Herbicide Treatment of Alligatorweed On Pocosin Lakes National Wildlife Refuge

1. GENERAL INFORMATION

1.1 General: This is a non-personal services contract to provide herbicide application/spraying via ground methods for treatment of invasive alligatorweed (Alternanthera philoxeroides) within delineated project boundaries on Pocosin Lakes National Wildlife Refuge (NWR) in Tyrrell and Washington Counties, 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, 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. Invoices should not be submitted until after the evaluation period as stated in Section 5.1.2.

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. The refuge has a significant problem with several exotic and native invasive wetland plants on the refuge, including the canals adjacent to and within the perimeter of the Last Resort Fire. Alligatorweed is the primary species of concern, but Phragmites (Phragmites australis), and Japanese Stiltgrass (Microstegium vimineaum) may also be present.

With the presence of alligatorweed in the canals adjacent to and within the fire area, its ability to spread through vegetative propagation, and the large volume of water moved to extinguish the ground fire, special attention needs to be paid to the spread of this invasive species within the canals around the fire area. Although guidance to prevent the spread of this species was provided throughout the incident and incident resources worked hard to follow the guidelines, inadvertent spread was likely to have occurred. Due to the impacts that alligatorweed can have on water management by restricting flow and clogging water control structures, its presence needs to be dealt with rapidly.

http://www.ipp.gov/

1.3 Objective: Application of the appropriate herbicide, adjuvant and other additives for controlling/treating alligatorweed and other invasive aquatic weeds within the designated project boundaries (approximately 20-25 acres treated) on Pocosin Lakes NWR to reduce plant density and to prevent the spread of these species into non-infested areas on the Refuge. Treating invasive species will help to protect the ecological integrity and site productivity of threatened and endangered animal species and their associated habitats on lands administered by Pocosin Lakes NWR.

1.4 Place of Performance: The work to be performed under this contract is located in delineated areas on Pocosin Lakes NWR in Tyrrell and Washington Counties, North Carolina. See map Attachment 3.

1.5 Period of Performance: The period of performance shall be from time of award through October 31, 2024. Plants must be treated in a suitable condition (flowering, no senescence, etc.)

as described on the herbicide label. The contractor shall wait a minimum of three weeks before performing any re-treatments so results of the initial treatment are visible. Crews shall then target plants missed during initial 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 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). The contractor shall provide contact information in the event of emergencies.

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, Phragmites, and Japanese Stiltgrass looks to minimize harm to desirable, non-target vegetation.

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 fovernment.

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.

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 g 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 KO Contracting Officer NWR National Wildlife Refuge 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 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 The COR will make an assessment of the treated areas three to four weeks following the herbicide treatment to make sure that at least 85% of the mapped area with alligatorweed was treated and that the treated areas are showing significant yellowing or stress. The government will use the GIS polygons of treated areas supplied by the contractor along with the maps supplied by the government to make that assessment.

3.1.2 The government will supply the contractor with any restrictions or directives contained in the approved Pesticide Use Proposal. These Best Management Practices must be followed in addition to application directions listed on the herbicide label.

3.1.3 The government will provide a map of areas to be treated (Attachment 3) to the contractor and will designate priority order of treatment for the canals before the contractor begins work.

3.2 Facilities, Utilities, and Equipment: The government will provide no facilities, utilities or equipment. The contractor will need to have a water truck capable of refilling spray equipment with fresh, low-mineral content water.

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES

4.1 General: The contractor shall provide all personnel, labor, equipment, supplies (i.e., herbicides and water), 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 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.

4.1.1 Services: Coordinate with the COR/GR to determine the date(s) and time(s) of herbicide application to minimize impacts on other USFWS activities and ensure an USFWS employee is available for questions and for oversight if the government desires.

4.1.2 Deliverables: Treatment data to include a chemical use report and polygon of areas treated in a shapefile format. See Section 6 for more details.

4.2 Materials:

4.2.1 Herbicide(s): The contractor will provide all chemicals needed for application of the herbicide(s). Application rates shall be no more than the maximum permitted by label for controlling species to be treated or otherwise specified in the approved Pesticide Use Proposal (PUP). The Refuge and the contractor shall agree on chemicals and rates prior to application.

The contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures under an approved PUP.

4.2.2 Water: Contractor must provide all water need for the herbicide application. All water provided by the contractor must be fresh, low-mineral content water with low iron levels.

Refuge canal water is high in iron which reduces the effectiveness of the herbicide treatments.

Locally sources water can be used if approved by the COR/GR ahead of time.

4.3. Equipment: The contractor shall provide the ground equipment, PPE, and any other supplies and equipment to complete the requirements of this PWS.

5. SCOPE/ SPECIFIC TASKS

5.1 Basic Services: Herbicides by brand name, application rate, and adjuvants proposed for use by the contractor in the bid proposal must be approved by the government through a PUP and Endangered Species Act Section 7 Consultation prior to application. The Refuge proposes that the contractor use the herbicides listed below that have been approved for use in 2024. The contractor may propose tank mixes or different chemicals based on their experience, but work cannot proceed until a PUP is completed and approved for the herbicide(s) that will be used.

• ProcellaCOR EC

• Glyphosate: Roundup Custom, AquaNeat, Glyphoste 5.4, Rodeo

• Imazapyr: Polaris AC Complete, Arsenal Applicators Concentrate, Imazapyr 4SL

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(s) and rate, and additives and rate will be part of the bid proposal.

5.1.1 The contractor will coordinate with the COR/GR no less than 48 hours prior to application to ensure a USFWS employee is available if needed and road conditions are adequate.

5.1.2 Work performance shall be defined as treatment of 85% or more of identified areas of allilgatorweed, up to agreed upon number of acres, showing significant yellowing or distress.

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 two to four weeks post treatment to determine if work performance has been reached.

5.2 Treatment Areas:

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

5.2.2 Treatment areas include approximately 10 linear miles of canals adjacent to and within the fire area. Canals are approximately 35-40 feet wide. Canals are adjacent to the following roads:

Western, Harvester, and J-Canal.

5.3 Special Considerations:

5.3.1 Roads on Pocosin Lakes NWR are dirt and can be very muddy during periods of wet weather. Four-wheel drive vehicles are recommended.

5.3.2 Some places have alligatorweed growing among other vegetation. With the exception of Phragmites and Japanese Stiltgrass, 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 should be avoided. Consult with the COR/GR if there are any concerns with a particular area of alligatorweed, prior to treatment.

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

5.3.4 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.

5.3.5 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. The Contractor must be capable of calibrating equipment to the final application rate specifications.

5.4 Safety:

5.4.1 Public and contractor safety must be ensured when spraying or using pesticides. Some treatment roads are open to the public use, including hunting activities. The contractor shall mitigate for herbicide contamination on federal land and any adjacent waters. Any fines or penalties for herbicide contamination or resultant environmental damage shall be the responsibility of the contractor.

5.4.2 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.

5.4.3 The contractor shall be responsible for complying with the label and Safety Data Sheets (SDS) for each chemical used and making these SDSs readily available to all contract employees working with chemicals.

6. DELIVERABLES

6.1 Data: Treatment data to include a chemical use report and polygon of areas treated in a shapefile format. Chemical use report should detail total amount of pesticides applied by name, total acres sprayed, method used, and estimated efficacy of treatment. Contractor will provide GIS polygon data in a shapefile format with a projection of either WGS 84 or NAD 83 showing actual acreage treated to the COR/GR no later than two weeks following application.

6.2 Schedule:

Deliverable Frequency # of Copies Medium/Format Submit To Chemical Use Report

Within 2 weeks following initial treatment and 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 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 thorough final inspection of the treated areas by the COR/GR, and only if it is determined that the contractor treated 85% or more of the alligatorweed within the delineated area and it shows significant yellowing or decline. It shall be the responsibility of the contractor to re-treat areas until 85% or more of the area is treated at no additional cost to the government.

7.2 Surveillance Methods:

7.2.1 The COR/GR 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.

7.2.2 The contractor shall be responsible for notifying the COR/GR when treatment is completed so that the project area can be inspected. Within a treated area, 85% of the treated vegetation should showing significant yellowing or decline 2-4 weeks post treatment.

8. QUOTE PROPOSAL

8.1 Contract is a Firm-Fixed price contract.

8.2 Prospective contractors shall designate what method (hand, UTV, boat, etc.) will be used to treat the vegetation in the canals. Bids shall be submitted on a cost per acre basis and as a total project cost for all acres. Final acreage to be sprayed will be determined by cost per acre.

8.3 Quotes should include brand name of herbicide(s) and adjuvants to be used and proposed application rates.

9. ATTACHMENTS

9.1 Attachment 1 – Performance Requirements Summary

9.2 Attachment 2 – Quote Schedule

9.3 Attachment 3 – 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 past performance evaluation.

PRS # 2

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

Refer to Parts 4 and 5.

85% compliance

(Application must cover at least 85% of the alligatorweed in designated areas).

Positive:

Favorable performance review; prompt payment of invoices.

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

Favorable performance review; prompt payment of invoices.

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

PRS # 4

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

Refer to Part 6.

Zero deviation

Favorable performance review; prompt payment of invoices.

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

ATTACHMENT 3