Attachment_1-_Performance_Work_Statement.pdf

PERFORMANCE WORK STATEMENT

Herbicide application to the Upper and Lower A Impoundments at the Arthur R. Marshall

Loxahatchee National Wildlife Refuge, 10216 Lee Road, Boynton Beach, FL 33473

PART I. GENERAL INFORMATION

1.1 Introduction

Historically, fire has played a major role in Everglades habitats. The disturbance of the natural burn cycle can cause a buildup of overgrown vegetation. Overgrown vegetation, particularly woody vegetation, can outcompete other species, reducing native vegetation diversity. This in turn degrades habitat, resulting in reduced native wildlife abundance and diversity. Overgrown vegetation that accumulates can also create a source of fuel for potentially harmful wildfires. The National Wildlife Refuge System works to manage overgrowth of vegetation on its lands both to enhance native habitats for the benefit of native plants and wildlife and to remove hazardous fuels buildups to prevent and mitigate wildfires.

This is a non-personal services contract to provide an aerial herbicide application for approximately 238 acres of marsh within the Arthur R. Marshall Loxahatchee National Wildlife Refuge (Refuge) Upper and

Lower A impoundments to manage cattail, willow, and other woody vegetation overgrowth for the purposes of hazardous fuels management and habitat enhancement.

1.2 Scope

Objective: To provide herbicide control of cattail, willow, and other woody vegetation via helicopter within delineated project boundaries (Attachment 3). Completion of the proposed project shall promote, in part, restoration of a larger ecosystem that provides critical habitat for the endangered snail kite and improved suitability of habitats utilized by a host of birds, including the federally threatened wood storks and eastern black rail, as well as other at-risk species listed by the State of

Florida.

The Contractor shall provide all labor, equipment, materials and supplies necessary for treating non-native invasive plant species as identified under the following Tasks:

Task 1: Treat 100% of the delineated project area as defined in maps (Attachment 3).

Task 2: Achieve 95% control rate 60 days post- treatment.

Task 3: Holding non-target vegetation damage within the project boundary to less than 20% damage.

Task 4: Provide all deliverables as outlined in Deliverables Schedule (Attachment 2). The

Contractor shall provide electronic copies of AgNav or similar spray tracking system flight transect maps upon completion of the work. The map will be used by the government to determine if the contractor adequately covered the entire project site. See Attachment 2 for more information on Deliverables.

1.3 Site Information

Upper and Lower A Impoundments Units (approximately 238 acres, see Attachment 3):

The Upper and Lower A impoundments are part of the Refuge’s impoundment areas located north of the

Refuge headquarters at Lee Road in Boynton Beach, FL. The goal of the impoundments is to provide foraging, loafing, and nesting habitat for Everglades fauna and to increase wildlife viewing opportunities for visitors. The impoundments consist primarily of cypress swamp and sawgrass marsh. Cattail, willow, and other woody vegetation grow on the edges of the cypress swamp and in scattered to dense patches in the sawgrass marsh.

1.4 Work Specifications

Contractor must comply 100% with the agreed-upon plan of work. Method of treatment will be aerial via helicopter equipped with a spray boom operated by the cyclic stick.

The treatment will target large stands of cattail, willow, and other woody vegetation while avoiding non-target areas such as the levee, perimeter canals, and cypress tree stands as specified by the Contracting

Officer’s Representative (COR) during walk-through. The Contractor shall undergo a walk-through with

Refuge staff prior to treatment to identify target and non-target areas. The Contractor and pilot will be briefed prior to commencing aerial spray operations in the project units.

The helicopter may land on Refuge levees and helipads immediately within or adjacent to the project zone with direct permission from the Refuge. The helicopter may only fly over the Refuge for project specific purposes. Treatment applications shall be performed in such a manner as to protect non-target organisms, the environment, adjacent agricultural operations, and the public. The Contractor will not apply herbicides when wind speeds are in excess of 10 mph (or as agreed upon by COR) or when inversion conditions occur to limit drift.

The Contractor shall work with the Refuge to determine date(s) of treatment so the area can be closed to 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.

1.5 Period of Performance

The Contractor shall be in contact with the Refuge to determine the best day(s) for treatment. The work should begin by July 1st, 2025, or within 30 days of notification from an authorized Government representative. A minimum of 30 days notice prior to desired treatment date will be provided by Refuge staff for any follow up treatments necessary. The project shall be fully completed [initial, re-treat, inspection, final invoice] by December 31, 2025. The Contractor shall wait a minimum of one month after initial treatments have been completed before performing any re-treatments so results of the initial treatment are visible. The Contractor shall then target plants or infestations missed during initial treatments. Final inspection and final billing shall be completed prior to the end of the Period of

Performance.

1.6. Quality Assurance

The government shall evaluate the contractor's performance under this contract in accordance with the

Quality Assurance-Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s) (See Part II).

1.7 Hours of Operation

The Contractor is responsible for conducting business, between the hours of sunrise to sunset 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 will 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.

1.8 Place of Performance

The work to be performed under this contract will be within the boundaries of the A.R.M.

Loxahatchee NWR, Boynton Beach (Palm Beach County), FL. A.R.M. Loxahatchee NWR

(Refuge) is a 145,188-acre remnant of the northern Everglades. The interior marsh area is comprised of a mosaic of tree islands, sawgrass marshes, wet prairies, and open sloughs. Areas to the east of the L-40 canal include impounded sawgrass marsh, cypress swamp, and some transitional upland hardwoods. This project will specifically target the Upper and Lower A impoundments, which are approximately 0.5-2 miles north of Refuge headquarters (Lee Rd., Boynton Beach, FL). All sites are accessible by helicopter and automobile.

1.9 Inspection and Acceptance

The work shall be accepted when work is completed as described here within and in accordance with the specifications. Comments, recommendations, and/or reports must be submitted according to the deliverables schedule (Attachment 2). The Contractor must work closely with the COR to ensure deadlines are met. Work will be inspected by Refuge staff 30 - 60 days post treatment to assure compliance with the contract documents. However, quality control and adherence to all contract requirements is still the responsibility of the Contractor. Schedule of payments will be based on acceptance of AgNv track logs and maps, and government inspection of the site to determine if 100% of the delineated project or treatment area has been canvassed and treated, with a maximum 20% of non-target damage, and a 95% control rate was achieved two months (60 days) post-treatment based on the tasks outlined in the Performance Work Schedule. Contractor shall be paid after project initial treatment pending final inspection by the COR.

1.10 Type of Contract

The Government will award a Firm Fixed Price Task Order for the most technically acceptable price proposal.

1.11 Security Requirements Not Applicable.

1.12 Physical Security

The Contractor shall be responsible for safeguarding all government equipment, information, and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.13 Key Control Not Applicable

1.14 Periodic Progress Meetings/Post Award Conference

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 Officer’s Representative (COR), 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.

1.15 COR

The COR will be identified by either separate letter or other form of notification. The COR monitors all technical aspects of the contract and assists in contract administration. The COR 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, 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.

1.16 Key Personnel

The follow 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. The contract manager or alternate shall be available for the duration of the contract.

1.17 Identification of Contractor Employees

All Contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties 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. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. The Contractor personnel will be required to obtain and wear badges (or company attire indicating name of company) in performance of this service.

1.18 Data Rights

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.

PART II. QUALITY ASSURANCE PLAN (QASP)

2.1 Establishing a Quality Control Program

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 COR. This will 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:

2.1.1 An inspection system covering all the services required under the Performance Requirements

Summary (Attachment 2) with a comprehensive checklist to be used to inspect contract performance during scheduled and unscheduled inspections, and the name(s) of the individuals who will be performing the inspections.

2.1.2 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.

2.1.3 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 COR during the term of the contract.

2.1.4 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. 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.

2.2 Performance Indicators and Acceptable Quality Levels

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

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

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

2.2.4 Cause no damage government resources, fish, wildlife, and/or property. 100% compliance

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

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

2.2.7 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

2.2.8 The Contractor shall submit the proposed herbicide brand name(s), target species, and application rate(s) to Refuge staff for approval via a Pesticide Use Proposal (an internal USFWS document). 100% compliance

2.2.9 The task shall be considered completed following a thorough final inspection of the delineated treatment area by the Contracting Officer’s Representative, and only if, it is determined that the

Contractor covered 100% delineated treatment area after the initial and re-treatment phases have been completed and achieved a 95% control rate three months 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. 100% compliance

2.2.10 When 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). 100% compliance

2.3 Surveillance Methods

2.3.1 Regularly scheduled inspection/review of work

2.3.2 Inspection of materials, equipment, and chemicals. The COR 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.

2.3.3 Daily Progress Reports (DPR) and GIS tracks. DPRs must contain chemicals applied, acres treated, and species treated for each treatment day and should be submitted along with GIS tracks at the end of each week.

2.3.4 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 being notified treatments were non-compliant. Payment will be withheld until satisfactory results are achieved.

2.4 Incentives

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

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

PART III. DEFINITIONS AND ACRONYMS

Not Applicable.

PART IV. GOVERNMENT-FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

4.1 Services

The Government will provide no services.

4.2 Facilities

The Government will provide access to the Refuge proper where all field work shall take place.

4.3 Utilities

Water may be pumped from Refuge canals with specific written permission.

4.4 Equipment

The Government will provide no equipment.

4.5 Materials

The Government will provide no materials to complete the task.

PART V. CONTRACTOR-FURNISHED ITEMS AND SERVICES

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.

PART VI. SPECIFIC TASKS

The contractor shall plan, schedule, coordinate, and ensure safe and effective performance of required services for the entire duration of contract.

PART VII. APPLICABLE PUBLICATIONS

The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures, FAR (Federal Acquisition Regulations) and DOI (Department of the Interior) Local Clauses.

PART VIII. ATTACHMENT LIST

Attachment 1. Performance Requirements Summary (PRS)

The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Tasks

Performance

Standard

Acceptable

Quality Level

(AQL)

Surveillance

Method

Positive/Negative

Incentive for

Meeting/Not

Meeting

Performance

Standards

Task 1. Treat

100% of the delineated project areas

Contractor shall complete

Scope and PRS

Task 1 during performance period

100% transect coverage of the delineated project/treatme nt area

Contractor GPS track logs and GIS map and site survey

100% compliance;

Non-compliance with work schedules will result in negative performance rating

Task 2.

Achieve 95% control rate 60 days post-treatment

Contractor shall complete

Scope and PRS

Task 2 during performance period

A 95% control rate achieved during final inspection

Site survey and visual inspection of treatment units by COR or

GR/SR.

A re-treatment and/or non-compliance with work schedules will result in negative performance rating

Task 3.

Holding non-target native vegetation damage within the project boundary to less than 20% damage.

Contractor shall complete

PWS Task 3 within performance period.

Non-target damage within the project area limited to no more than

20%.

Site survey and visual inspection of treatment units by COR or

GR/SR.

More than 20% non-target damage will result in negative performance rating

Task 4.

Provide all deliverables as outlined in

Attachment 2

Provide all deliverables as outlined in

Attachment 2

100% on-time completion of all Deliverables outlined in

Attachment 2

Physical receipt of deliverables upon completion of the project or each project phase.

100% compliance;

Non-compliance with work schedules will result in negative performance rating

Attachment 2. Deliverables Schedule

(This technical exhibit lists any reports or documentation that are 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

List of Company Point of Contacts with name, phone number, email address

Once 1 Pre-award teleconference notes;

MS Word or Email

Contracting Officer and Contracting

Officer’s

Representative

Scheduled reporting/accounting of progress (acres

Weekly; also at 50% &

100% project

1 Hard/soft copy in

MS Word or Excel format

Contracting Officer’s

Representative

Deliverable Frequency

# of

Copies Medium/Format Submit To covered). completion

DPRs Weekly 1 Hard/soft copy of field DPR or Excel format

GPS Track Log Weekly 1 Projected shapefile Contracting Officer’s

Total Herbicide Usage

Reports

At project completion

1 Hard/soft copy in

MS Word or Excel format

Coordination, application, and wrap-up meetings

As directed by the

COR/SR

n/a Meeting Contracting Officer’s

NOTE: In addition to included Deliverables, the Contractor and/or sub-Contractor will be held liable to all standards and conditions as described in the PWS in the National Fire BPA. No exceptions will be permitted.

Attachment 3. Treatment Area Map