Attachment_1-_Performance_Work_Statement.pdf

Sam D Hamilton Noxubee National Wildlife Refuge Herbaceous Understory Treatment

PERFORMANCE WORK STATEMENT

HERBICIDE TREATMENT -HERBACEOUS UNDERSTORY AT SDH NOXUBEE NWR

I. GENERAL INFORMATION

1.1 This is a non-personal services contract to provide herbicide application for treatment at the Wildlife Refuge (Refuge) in Winston and Noxubee County, Mississippi. Maps and shapefiles of sprayed area will be provided by Sam D Hamilton Noxubee NWR.

The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Point of Contact will be Paul Reynolds at 662 418 9743 (mobile).

1.2 Period of Performance: The period of performance shall begin on or about July 15, 2025, thru October 1, 2025.

If inclement weather or unforeseen socioeconomic factors restrict performance, an extension will be requested. .

1.3 Place of Performance: The work to be performed under this contract will be within the boundaries of the Refuge XIL map. Refuge operations will be coordinated from Refuge Headquarters located at 13723 Bluff Lake Road, Brooksville MS 39739.

1.4 Type of Contract: This is a Fixed Price contract/task order.

II. SCOPE OF WORK

2.1 Treatment Area. See XII maps, approximately 753 acres located in different locations within the boundaries of the refuge.

2.2 Treatment. A mixture of 16 ounces Polaris A/C (or equivalent), 2 ounces escort (or equivalent), 32 ounces nonionic surfactant per acre will be used within the treatment area.

2.3 Contractor must comply 100% with the agreed-upon plan of work. Method of treatment will 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, herbicide label restrictions and any local and state regulations.

2.3 The Contractor shall provide all personnel, labor (i.e. herbicide application), equipment, Chemicals, supplies (i.e., 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 plant species, the environment, and the public. NOTE: The Point of Contact reserves the right to require the Contractor to replace any operating personnel, equipment used in the performance of this Contract if the personnel, or equipment are violating, or have violated, any state or federal laws is 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 and Point of Contact at no additional cost.

2.5 The Point of Contact must be notified at least 48 hours prior to any application of chemical.

2.6 Only Low Ground Pressure tracked or wheeled heavy equipment, ATV’s and UTV’s will be allowed to operate within the treatment units. No rutting will be permitted at any time.

2.7 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 avoid damage to sensitive archaeological sites such as Native American and shell mounds. The Contractor shall be responsible for the removal of all trash and treatment-related equipment. 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.

2.8 The ground crew supervisor must be a 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) unit, 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 as per the Point of Contact specifications. The Point of Contact 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 Point of Contact and an approved Pesticide Use Proposal. Ground crews accessing the treatment area need be aware that the majority of the acres to be treated contain seasonal wetlands.

III. APPLICABLE DIRECTIVES

3.1 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.

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

3.3 OSHA, 29 CFR 1910 (as applicable)

3.4 EPA regulations

3.5 The Contractor is responsible for acquiring and maintaining all federal, state and local licenses, certifications, and permits as required. This includes the State Certified Pesticide Applicator (License). The Contractor shall be required to submit a copy of the licenses to the Contracting Officer prior to the award date. The only exception to this requirement is that the Refuge will provide the Section 7 permit for endangered species for this contract. A copy of the Section 7 permit will be furnished to the Contractor and all conditions will be followed. Endangered species are not known to frequently occur in the treatment area and adhering to the Section 7 permit conditions should require minimal effort.

3.6 Litter violations will be handled under Federal Code of Regulations 50CFR27.94 (a), which carries a fine of $100.00 per incident upon conviction.

IV. PERFORMANCE REQUIREMENTS

4.1 Apply herbicide according to desired outcomes as per label directions and quantities.

4.2 The Crew Supervisor shall be responsible for notifying the Point of Contact 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 (two months post-treatment) of all listed species within the delineated treatment area.

4.3 The Contractor shall canvas 100% of the treatment area.

4.4 Non-Target Damage: Contractor will not apply herbicides when wind speeds, at ground level, are in excess of 7 mph or as agreed upon by the Point of Contact or when inversion conditions occur to limit drift.

4.5 Handling, Mixing, and 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 Government 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.

4.6 The Contractor shall complete the herbicide application during the specified dates as directed by the Point of Contact.

4.7 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 Refuge 48 hours prior to beginning work, preferably established during a face-to-face pre-work meeting.

4.8 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 or access will be denied. Contractor/operator may not flush/rinse out tanks onto the ground during operation or 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.

4.9 Contractor is responsible for cleaning up any spills that may occur.

4.10 The Contractor shall be responsible for the removal of all trash and treatment-related equipment. Trash shall be removed daily. If damage occurs, the Contractor shall be held liable if damage was determined to be caused by Contractor negligence, the result of improper treatment techniques, or the result of Contractor control activities.

4.11 The Point of Contact shall inform the Contractor of the time schedule as work progresses. However, the Point of Contact may halt work at any time upon written notice.

4.12 Weather and site conditions may interfere with the work completion schedule negotiated at the award conference. The Point of Contact 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 Contracting Officer, Point of Contact, and the Contractor.

V. WORK TIME/HOURS OF DUTY

5.1 Work will 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.

5.2 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 6 am – 6 pm 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. Additional hours must be approved by the Point of Contact prior to implementing. For other than firm fixed price contracts, the Contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this Performance Work Statement 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.

VI. 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.

6.1 Government will furnish water.

VII. SUPERVISION

7.1 In order to ensure performance and accomplishment of the work as outlined herein, the Contractor shall always provide adequate and competent supervision for all work to be accomplished by the Contractor’s employees. When contract work is in progress, supervisory personnel shall always be available to receive notices, reports, or requests from the Contracting Officer, Point of Contact or his authorized representative. At no time shall Government representatives direct or supervise the activities of the Contractor’s employees.

7.2 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.

7.3 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.

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

7.5 Indoctrinating employees to prevent and report fire and hazardous conditions.

VIII. CONTRACTOR PERSONNEL QUALIFICATIONS

8.1 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.

IX. DELIVERABLES

9.1 Frequent reporting/accounting of overall progress and (to-date) expenditures (i.e. 25%, 50%, 90%) or as determined by the Contracting Officer or Point of Contact.

9.2 A detailed treatment report that will include a map of the treatment area will be submitted within 2 weeks of completing the treatment and includes a chemical use section detailing application rates, coverage area and other chemical facts. Digital geodata of the treated areas will be submitted to the Point of Contact at paul_reynolds@fws.gov within 2 weeks of completing the treatment and will be either an ArcMap/ArcGIS Pro (point or polygon) feature class or a Google Earth kml/kmz file.

9.3 Safety/spill response plan.

9.4 The Point of Contact will inspect all areas periodically during the contract period and will perform a final inspection of all areas 60 days following treatments.

X. DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Routine reporting/accounti ng of progress and

(to-date) expenditures

25%, 50%, 90%

Hard/soft copy in MS Word or Excel format

Point of Contact

Universal Daily Progress Report

Recorded daily;

submitted weekly

Word or Excel format

Treatment Report

2 weeks post initial treatment

Word or Excel format and associated geodata.(ESRI or

Google Earth)

Coordination, application, and wrap-up meetings

As directed by the Contracting

Officer/Point of Contact n/a Meeting

XI. Quality Assurance Plan

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

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

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

11.4 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

11.5 The task shall be considered completed following a thorough final inspection of the treatment area by the Point of Contact, and only if it is determined that the Contractor treated 100% of the area within the delineated treatment area after the treatment has been completed and achieved a 100% treatment rate one months post-treatment. If it is determined that the Contractor did not achieve a 100% treatment rate, and was found in non-compliance, additional re-treatment of the entire area shall be performed at the Contractor’s expense. 100% compliance

11.6 Inspection of materials, equipment, and chemicals. The Contracting Officer or Point of Contact reserves the right to inspect, at any time upon notice to the Contractor, the Contractor’s procedures, spray system, spray mailto:paul_reynolds@fws.gov 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.

11.7 Final payment shall be held until a 100% treatment rate is reached for the treatment area as determined by the final inspection conducted by the Point of Contact two months post treatment. Prior to reaching a 100% treatment rate and after the initial treatment, 75% of the awarded contract can be invoiced by the Contractor for payment.

The remaining 25% of the awarded contract cannot be invoiced until a 100% treatment rate is reached. Unless 100% treatment is shown on targeted vegetation, the Contractor must return to the unaffected portion of the site and re-spray at no expense to the government within 12 months of the original treatment.

XII. Maps