Attachment_1-_Performance_Work_Statement.pdf

Performance Work Statement Aerial Herbicide Application at Edwin B. Forsythe NWR, Oceanville, New Jersey

1. GENERAL INFORMATION

1.1 The U.S. Fish & Wildlife Service is seeking quotes from qualified vendors for spraying for herbicide for the control and eradication of target common reed (Phragmites australis) and Sericea lespedeza (also known as bushclover, Lespedeza cuneata) growth, through the application of chemical herbicides on specified areas at Edwin B. Forsythe National Wildlife Refuge. Work shall consist of furnishing all necessary equipment, labor, and materials necessary to accomplish the specified vegetative control and eradication (with exception noted in 1.2, below). Spraying will occur by approved UAS (see Section 6.5).

1.2 Important note: Staff at Edwin B. Forsythe NWR will furnish necessary herbicide and surfactant (Rodeo, Aquachem90, Crossbow/Crossroad). The herbicide application shall be timed during the active translocation season for these plants, to achieve the optimum results. The active translocation season is between 15 July and 1 September. All herbicide applications shall be consistent with the product label instructions, manufacturer's guidance, and the requirements of this contract.

2. LOCATIONS, CONTACTS

2.1 General Location: The work areas are located in Galloway Township, NJ. Estimated application acres and chemicals to be used are included in the following table.

NWR Location Acres to treat Herbicide, surfactant, EPA registration numbers

E. B.

Forsythe

NWR

Oceanville, NJ Up to 285 acres of Phragmites

Up to 30 acres of Lespedeza

Rodeo® (Glyphosate)*

Aquachem90® surfactant*

Herbicide dye*

Crossroad® or Crossbow® (2,4-D + Triclopyr)*

*To be provided by refuge

PLEASE NOTE: Treatment area acreage was estimated using manual digitization from digital orthophotos. Actual acre amounts may be more or less than those listed above.

Site Location: Treatment areas are located in the vicinity of the Wildlife Drive at the eastern ends of Great Creek Road and Lily Lake Road in Oceanville, NJ, and are indicated on sites provided on the attached maps. The primary focus area including the majority of the units is shown on Map 1. Different treatment units are shown on maps 2-5. Additional infestations of Phragmites are located in the central and eastern portions of the Wildlife Drive and the Leed’s Ecotrail area, which are not yet mapped but need to be treated as part of this contract. The estimated extents of infestations to be treated will be depicted on more specific location maps and will be provided upon award. These maps will include specific polygons of infestations to be treated.

3. TREATMENT AREAS, CONTROL GOALS, AND HERBICIDES

3.1 General: Specific treatment areas are identified on the attached maps, and more precise maps will be furnished upon contract award. A site visit will be coordinated at Edwin B. Forsythe National Wildlife Refuge (800 Great Creek Rd., Oceanville, NJ 08231), in advance of the date of treatment to help determine the logistics required for the project.

3.2 Vegetation Control Objectives: A minimum of 90% of all of the identified infestations to be treated in the treatment areas will be sprayed, with each infestation receiving at least 90% coverage by foliar spray. The Project Officer will be responsible for documenting (e.g. survey the area, take digital photographs) areas where less than 90% of the area was treated (if any), and notifying the contractor, as soon as possible after the spraying activity).

3.3 Herbicide Selection Procedure: The contractor will use herbicides, adjuvant, and dye provided by the refuge and listed under Section 2.1 above. These herbicides and additives will be appropriately labeled for specific application (i.e. aquatic label for use directly over water). Herbicides must be registered for aquatic use. No restricted use herbicides are allowed. No herbicides can be used on National Wildlife Refuge property without prior approval from the Project Officer. In addition, all carriers and adjuvants must be non-toxic and registered for water applications. The surfactant shall be added per label instructions to all herbicide mixtures. FAR Clause 52. 223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts will apply.

3.4 Minimizing Impacts to Non-Target Species: No broadcast spraying shall be performed when wind speeds exceed specifications listed on the herbicide label, or 10 mph, whichever is greater, or wind directions are likely to result in drift to non-target areas, or public use areas. There will be zero tolerance for direct spray or drift of herbicides into non-target vegetation or on adjacent property. No broadcast spraying shall be performed if more than 10% chance of rain is forecast for the day of application or for the 24- hour period following the planned application. The chemical will be applied between July 15 and September 1. Assessment of impact will be conducted by the Project Officer.

4. NOTIFICATION OF TREATMENT:

The contractor will provide a 72-hour notice to the NWR Project Officer before arriving at the onsite for herbicide treatment work. This will ensure that Refuge staff is available to answer questions, if required, and also to participate in any reconnaissance that may be conducted.

5. HANDLING, MIXING, APPLICATION RATES AND METHODS

5.1 Handling and Mixing: All herbicides will be handled and stored in accordance with instructions on the EPA registration label. All herbicides shall be mixed in accordance with the label instructions so that the desired rate of application can be attained with the contractor's application equipment.

Mixing water is the responsibility of the contractor. Mixing of chemical solutions is the responsibility of the contractor. The contractor is required to provide a secondary containment system around their herbicide mixing area when herbicides are mixed on government property. This containment system must be constructed of impervious materials. In addition, the contractor will ensure that no contamination of any water source occurs and that emergency spill containment equipment is at the worksite and is capable of containing all potential herbicide spills from contractor vehicles/equipment. Unused, mixed pesticides will be disposed of in accordance with local, state and EPA guidelines. Spray equipment cleaning will also be accomplished in accordance with these guidelines. Prior to leaving a worksite for the day, the contractor shall remove all equipment and unused materials, any waste materials, oil, empty herbicide containers, and litter resulting from contract activities on government property.

5.2 Equipment: The equipment used by the contractor shall be designed for such work and operated in a safe manner. The equipment will be capable of accurately delivering a predetermined rate per acre dosage of herbicide.

5.3 Rates and Method of Application: Application rates will be per the specification on the material safety data sheet, labeling and manufacturer's suggested rate tables, per chemical used, and the desired results identified in “3.2 Vegetation Control Objective”. The solution for the herbicide spray will consist of 64 oz. of chemical with 4.5 gallons of water per acre and will be sprayed at a rate of five (5) gallons per acre. This would be a 10% solution for all chemicals.

6. SAFETY AND CERTIFICATION

6.1 Safety Manual: Notwithstanding any other provisions of this contract, the Contractor shall comply with all safety and health requirements as outlined in OSHA Safety Standards to ensure the safe working conditions for themselves and others.

6.2 Hazard Communication: The contractor shall implement a hazard communication program in accordance with 29 Code of Federal Regulations (CFR) 1910.1200 or 1926.59. The written hazard communication program shall address, as a minimum, the following: training (to include potential safety and health effects from exposure), labeling, current inventory of hazardous chemicals on site, and the location and use of Safety Data Sheets (SDSs).

6.3 Licensing: The contractor or any employees or subcontractors performing any of the work under this contract shall possess a valid state commercial herbicide applicator's license for New Jersey and shall comply with all Federal, State, and local laws and regulations applicable to the contract work and to the products and materials used by the contractor in performing that work. A New Jersey Department of Environmental Protection license/permit for aquatic applications (NJ Aquatic Pest Control) and aerial applications (Aerial Pest Control - Category 11 ) are required. Evidence of such licensing shall be submitted prior to award and also with the "Application Plan" as outlined in Paragraph 7.1. Contractor must by fully licensed to apply herbicide by UAS on aquatic sites in New Jersey. Documentation must be provided with bid.

6.4 Contractor must provide with bid:

A. Contact information, including names, addresses, and phone numbers for at least 3 references from prior UAS herbicide applications completed in the last 3 years.

B. A performance guarantee including an estimated percent control one-year post-treatment.

The contractor is expected to achieve a minimum of 90% kill of Phragmites within the specified treatment areas. Percent control will be assessed by refuge staff in July 2025.

C. Per acre cost estimate based on a site visit for the above-described work including all personnel, equipment, materials, transportation, clean-up, and documentation costs.

D. Resumes or CVs for personnel who will be doing the work must be provided with the bid.

6.5 UAS Requirements:

A. UAS Flight Services must follow the processes outlined in 353 DM 1 (https://www.doi.gov/sites/doi.gov/files/uploads/353dm1.pdf) and OPM-35 (https://www.doi.gov/sites/doi.gov/files/opm-35.pdf).

B. “Covered” UAS are prohibited per (OPM) – 11 (https://www.doi.gov/sites/doi.gov/files/opm- 11.pdf#page=6). The term “covered UAS” as defined in EO 13981, and adopted for official use by the Department … means any UAS that:

1. is manufactured, in whole or in part, by an entity domiciled in an adversary country.

2. uses critical electronic components installed in flight controllers, ground control system processors, radios, digital transmission devices, cameras, or gimbals manufactured, in whole or in part, in an adversary country (as defined by the Department of Commerce and referenced in OPM-11.)

3. uses operating software (including a cell phone or tablet applications, but not a cell phone or tablet operating systems) developed, in whole or in part, by an entity domiciled in an adversary country.

4. uses network connectivity or data storage located outside the United States, or administered by any entity domiciled in an adversary country; or

5. contains hardware and software components used for transmitting photographs, videos, location information, flight paths, or any other data collected by the UAS manufactured by an entity domiciled in an adversary country.

C. The preferred method of application will be via drone because of the efficiency and precision at which a UAS can target invasive plants when operated by a skilled operator, and it is anticipated that the selection of a contractor for this project will be for application by UAS. However, in the event that the selected contractor is unable to obtain all necessary state and federal permits to operate and apply herbicides with an approved UAS at E.B. Forsythe NWR by September 1 after making an earnest effort to do so, the contractor may fulfill this contract by applying herbicides via helicopter on approximately 60% of the target acreage that would be applied by UAS.

6.6 Public Safety: Public safety must be ensured when spraying or using pesticides. In application areas where there is potential for use by the public, the refuge staff will station personnel to enforce closure during time of spraying and/or place appropriate warning signs which inform the public that pesticide application work is on-going. The refuge is heavily visited by the public, especially on weekends. No spraying will take place on weekends at the refuge.

6.7 EPA Registration Label: All work shall be performed in accordance with the instructions on the EPA registration label of the chemical herbicide used. All safety instructions featured on the label shall be strictly adhered to.

6.8 Safety Data Sheets: Safety Data Sheets (SDS) shall be submitted to the Project Officer with the

“Application Plan” as outlined in Section 7.1. The Contractor shall also make these SDSs readily available to all affected contract employees.

6.9 Spills and Contamination: The contractor shall submit as part of the "Application Plan" described in

Section 7.1, the response measures to be implemented should a spill or contamination occur. The contractor's immediate response to a spill or contamination shall be to proceed with the required measures to limit the contamination. Immediately following this initial response, the contractor shall notify the appropriate Project Officer at the work location and other appropriate local, state, and federal officials. Subsequent to these actions, the contractor shall take actions to clean up the spill as recommended by the Project Officer. Should a personnel contamination occur, the contractor shall take immediate actions as prescribed by chemical manufacturer so as to protect the safety and health of the contaminated individual(s). Immediately following the contractor's https://www.doi.gov/sites/doi.gov/files/opm-35.pdf initial response, the incident shall be reported to the appropriate Project Officer.

7. SUBMITTAL AND REPORTING

7.1 Application Plan: The contractor shall submit an electronic copy of an application plan to the Project

Officer. This plan shall outline, per the National Wildlife Refuge site, the types of herbicides, planned application rates, hyperlinks to SDS's and labels for each chemical to be used, scanned copies of applicator licenses, and a spill and contamination action plan. Additionally, the contractor shall certify in writing that all employees engaged in handling, mixing and spraying herbicides have read the MSDS's and that personal protective equipment as specified by the MSDS's will be provided to and worn by these persons. Further, one hard copy of the approved plan shall be provided that will include a signed statement by the contractor that this plan complies with all state, local and federal regulations. This plan shall be submitted for review and approval within 10 working days of the notice of contract award and prior to the desired start of work. Government approval of this plan in no way relieves the contractor of any liability for compliance with all Federal, State, and/or local regulations, should there be omissions/errors within said plan.

7.2 Post-Application Documentation: The contractor shall submit a spray log to the Project Officer detailing: day(s) and time(s) sprayed, crew members, chemical applied, application rate, weather conditions (average windspeed, temperature, humidity, cloud cover). The contractor shall also provide ArcGIS shapefiles to the refuge Project Officer showing areas sprayed (this is only if the contractor has AgNav or similar system on-board; we would prefer this, so the refuge can geo-reference application areas). Shapefiles will be geo-referenced using the Grid Coordinate System: UTM zone 18 and Horizontal Datum: NAD 1983.

8. PREWORK MEETING:

Within 10 days after contract award, the contractor shall contact the Project Officer to arrange a meeting to discuss and develop a mutual understanding of the requirements and details of work. There may also be occasions when subsequent conferences will be called to reconfirm understandings or provide clarifications on contract requirements.

9. LIABILITY OF AND DAMAGES TO THE GOVERNMENT

9.1 Insurance: The contractor will carry liability insurance that will cover the application of pesticides as defined in this specification. This coverage will include as a minimum drift, run-off, and pollution (sudden and accidental) for all contract operations. The amount of coverage this insurance will provide will not be less than $1,000,000 per incident. A Certificate of Insurance form signed by the insuring agency shall be provided to the Contracting Officer prior to award of the contract. The insurance must provide coverage for the entire contract period. The insurance policy shall state that it cannot be cancelled without 30 days written notice to the Contracting Officer. Failure to secure insurance will be grounds for non-award and termination of the insurance during the performance period of this contract for any reason will be grounds for termination of this contract. The contractor will be in default and the contract terminated if the insurance lapses and is not immediately replaced with equal coverage. (If an insurance lapse occurs, work is suspended pending replacement insurance.

The delay is not compensable to the contractor).

9.2 Government Liability: The Government assumes no liability from the contractor's performance of the contract work. The contractor shall hold and save the Government harmless from any and all liability arising from the performance of the contract.

9.3 Responsibility for Damages: The contractor is responsible for all damages to persons and property resulting from performance of the contract work. The contractor shall return any Government furnished property (such as the handy flat) to the Government in the condition that it was received, ordinary wear and tear excepted. The contractor shall repair or replace, at the option of the Contracting Officer, any Government furnished property lost or damaged in the course of the contract work.

10. WARRANTY

The contractor warrants that:

10.1 The contractor is responsible for damages to persons or property, including unreasonable or unnecessary damages to non-target vegetation, within and outside the treatment areas resulting from the performance of the contract work. Damage costs as determined by government personnel will be charged in the form of a fine for the cost of rehabilitation or replacement of the affected resources.

Other penalties may be assessed based on local, State, or Federal laws.

11. INSPECTIONS AND ACCEPTANCE:

Work will be inspected periodically for conformance with these specifications for timeliness, safety, and results achieved.

SPRAYING MAPS FOR EDWIN B. FORSYTHE NWR:

The following maps are for reference purpose only. They are not surveys and should not be used to establish legal ownership. The products were developed using Atlantic County and Township of Galloway GIS and are not state authorized.

Edwin B. Forsythe National Wildlife Refuge

Map Projection: GCS North American 1983 Graticule Units: degrees, minutes, seconds Map Grid Unit: Meter S\GIS_files\Invasives\HQ_InvasiveSpecies_MgmtAreas Map Created by Y. Laskaris on 5/5/21

1:12,750

262.5

0.13

Meters 525 1,050

Miles

0.27 0.53

U.S. FISH & WILDLIFE SERVICE Spray Map: Overview

Legend North West & South West Pools: 208 Acres Doughty Creek Basin: 36.4 Acres Experimental Pool: 9.3 Acres Monarch Field: 28.2 Acres

North West & South West Pools: 208 Acres

Edwin Forsythe Natl Wildlife Ref

Map Projection: GCS North American 1983 Graticule Units: degrees, minutes, seconds Map Grid Unit: Meter S\GIS_files\Invasives\HQ_InvasiveSpecies_MgmtAreas Map Created by Y. Laskaris on 5/5/21

1:12,000

0.13

Meters 500 1,000

Miles

0.25 0.5

U.S. FISH & WILDLIFE SERVICE Invasive Species Management Area #1

Doughty Creek Basin: 36.4 Acres

Edwin Forsythe Natl Wildlife Ref

Map Projection: GCS North American 1983 Graticule Units: degrees, minutes, seconds Map Grid Unit: Meter S\GIS_files\Invasives\HQ_InvasiveSpecies_MgmtAreas Map Created by Y. Laskaris on 5/5/21

1:6,000

0.06

Meters 250 500

Miles

0.13 0.25

U.S. FISH & WILDLIFE SERVICE Invasive Species Management Area #2

Experimental Pool: 9.3 Acres

Edwin Forsythe Re Natl Wildlife Ref

Map Projection: GCS North American 1983 Graticule Units: degrees, minutes, seconds Map Grid Unit: Meter S\GIS_files\Invasives\HQ_InvasiveSpecies_MgmtAreas Map Created by Y. Laskaris on 5/5/21

1:4,000

0.04

Meters 150 300

Miles

0.08 0.15

U.S. FISH & WILDLIFE SERVICE Invasive Species Management Area #3

Monarch Field Management Area: 28.2 Acres

Map Projection: GCS North American 1983 Graticule Units: degrees, minutes, seconds Map Grid Unit: Meter S\GIS_files\Invasives\HQ_InvasiveSpecies_MgmtAreas Map Created by Y. Laskaris on 5/5/21

1:4,000

0.04

Meters 150 300

Miles

0.08 0.15

U.S. FISH & WILDLIFE SERVICE Monarch Field Management Area