Attachment_1-_Performance_Work_Statement.pdf

PERFORMANCE WORK STATEMENT (PWS)

HERBICIDE SPRAYING

IN DESIGNATED AREAS ON

TENNESEE AND CROSS CREEKS NATIONAL WILDLIFE REFUGES

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide Herbicide Spraying in designated areas of Tennessee and Cross Creeks National Wildlife Refuges (NWR’s).

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.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Herbicide Spraying by helicopter in designated areas of Tennessee and Cross Creeks NWR’s as defined in this Performance Work Statement except for those items specified as government furnished property and services. The government will supply the herbicide to be applied. The contractor shall perform to the standards in this contract.

1.2 Background: The refuges have a significant problem with several exotic and native invasive wetland plants (i.e., alligatorweed, sesbania) within the managed wetlands on Cross Creeks NWR and the Duck River Unit of Tennessee NWR. Application of herbicide is necessary to efficiently manage these wetlands. Many areas where these invase plants exist are in locations that ground treatment measures are not possible due to inability to access such areas with ground equipment, or not practical due to staffing limitations. In addition, Tennessee NWR must use herbicide to maintain the structureal integrity of its levees and spillways and them free of woody vegetation.

1.3 Objectives: Herbicide application of herbicide on up to 100 acres at Cross Creeks NWR and up to 400 acres on Tennessee NWR in 2027. Four different herbicides will be used to treat invasive and/or native nuisance plants.

1.4 Scope: The contractor shall with the use of a helicopter apply herbicide on up to 400 acres at a rate of either 15 GPA of water, or 25 GPA of water depending on the area treated and chemical used, on Tennessee NWR in 2027. The contractor shall with the use of a helicopter apply herbicide on up to 100 acres at a rate of 14 GPA of water on Cross Creeks NWR in 2027. Four different chemicals will be used to treat woody vegetation and invasive aquatic plants in wetlands on each NWR. The chemicals will be provided by the Refuge.

Application at Cross Creeks NWR

Application rates for Cross Creeks NWR (100 acres total):

- Application rate for 100 acres will be 2 quarts of Habitat and 1 quart surfactant per acre. Application will primarily be on alligatorweed. This will be applied at a rate of 15 gallons of water per acre.

Application at Tennessee NWR (Duck River Unit) Application rates for TN NWR (400 acres total):

- Application rate for 100 acres will be 2 quarts of Habitat and 1 quart surfactant per acre. Application will primarily be on alligatorweed and parrot feather. This will be applied at a rate of 15 gallons of water per acre.

- Application rate for 100 acres will be 3 quarts triclopyr and 1 quart surfactant per acre. Application will primarily be on alligatorweed. This will be applied at a rate of 25 gallons of water per acre.

- Application rate for 185 acres will be 1 quart per acre of 2,4-D Amine and 1 quart of surfactant. This will be applied at a rate of 15 gallons of water per acre. Application will be on sesbania in refuge impoundments.

- Application rate for 15 acres will be 5 quarts per acre Aquaneat and 2 quarts per acre Habitat and 2 quarts per acre surfactant. This will be applied at a rate of 15 gallons water per acre. Application will be on woody vegetation of the levees and spillways.

1.5 Period of Performance: The period of performance shall begin with the issuance of the award date of the contract with the spraying to be conducted July 15, 2027 to August 30, 2027.

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 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. 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).

1.6.3 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

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 7:00 AM to 3:30 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. Depending on weather conditions and wind speeds the work may have to occur outside the normal business day.

Refuge staff will be available during these conditions. 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.

1.6.5 Place of Performance: The work to be completed under this contract will be performed at Cross Creeks NWR, 643 Wildlife Road, Dover, TN 37058; and also at Tennessee NWR Duck River Unit, 550 Refuge Lane, New Johnsonville, TN 37134

1.6.7 Security Requirements: Not applicable.

1.6.8 Special Qualifications: The Contractor and Pilot shall, without additional expense to the Service, be responsible for obtaining any licenses and permits, and for complying with any applicable Federal laws, codes, and regulations in connection with prosecution of the work.

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5.

The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. 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, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. 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: perform 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, specifications: monitor Contractor's performance and notifies 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.

1.6.11 Key Personnel: The following personnel are considered key personnel by the government: Rick Eastridge (931) 305-9663 for Cross Creeks NWR and Patrice Betz

(731) 363-5085 for Tennessee NWR, Government Representative (GR). 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 between 7:00 AM to 3:30 PM Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Depending on weather conditions and wind speeds the work may have to occur outside the normal business day. Refuge staff will be available during these conditions. Qualifications for all key personnel are listed below: Operator is to possess the required licenses and certifications to apply herbicides by helicopter.

1.6.12 Identification of Contractor Employees: All contract personnel working in 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. Vehicles should also be clearly marked bearing the company’s name and logo.

1.6.16 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.

PART 2

DEFINITIONS & ACRONYMS

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 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.

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

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative 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 POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will provide:

Prior to the herbicide treatment the FWS will map all areas to be treated using GPS and GIS technologies. Paper copies of these maps will be provided to the contractor on or before the application date. The contractor will be provided the GIS data prior to their arrival, if requested. A FWS employee will be on site during all periods of the herbicide application to make sure the contractor meets and follows all requirements outlined in Part 5. Assessment of the treatment areas will be made approximately two weeks following the herbicide treatment to make sure that 95% of the mapped area was treated.

Again, GPS and GIS will be used to make the assessment.

3.2 Facilities: The Government will provide no facilities. The Refuge will provide direction to a designated location for the vendor to land and refuel or refill spray tank.

3.3 Utilities: The Government will provide no utilities. The vendor will need to have a water truck capable of refilling the helicopter spray tank. The vendor will be responsible for securing a clean water source as the Refuge does not have a location capable of filling such a large tank. Typically the vendors have made arrangements with the local fire departments to fill their water tank from the city hydrants.

3.4 Equipment: The Government will provide no equipment.

3.5 Materials: The Government will provide maps of the designated areas and the chemicals as outlined in Part 5.1.1.

GPS/GIS technologies and paper copies of maps.

Chemicals: 2,4-D Amine, Aquaneat, Habitat, and Triclopyr as well as surfactant sufficient for the first application will be provided by the FWS. Repeat applications, if required, will be at the expense of the contractor as outlined in Part 5.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS. This will include the ground crew and licensed helicopter pilot.

4.2 Secret Facility Clearance: Not applicable.

4.3. Materials: The Contractor shall furnish all materials required to accomplish the requirements outlined in this PWS, excluding those outlined in Part 3 as Government Provided Items. Contractor will provide a GIS map showing the areas actually treated at the time services are delivered. Map will be broken out showing areas treated by chemical type for each refuge included in the contract. Map showing actual acreage treated will be provided to the refuge no later than two weeks following the application.

4.4. Equipment: The Contractor shall provide the helicopter, PPE (personal protective equipment), and any other supplies, equipment, etc. to furnish the requirements of this PWS, excluding those outlined in Part 3 as Government Provided Items.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall provide services for herbicide application via a helicopter of herbicide on up to 500 acres at a rate of either 15 GPA of water or 25 GPA of water, depending upon the herbicide used and the area treated, as prescribed in this PWS. Four difference chemicals will be used to treat invasive and native nuisance aquatic plants in wetlands. The chemicals will be provided by the Refuge.

5.1.1. Prior to the herbicide treatment the FWS will map all areas to be treated using GPS and GIS technologies. Paper copies of these maps will be provided to the contractor on or before the application date. The contractor will be provided the GIS data prior to their arrival, if requested. A FWS employee will be on site during all periods of the herbidie application to make sure the contractor meets and follows all requirements outlined in 3.0 “Scope” above. Assessment of the treatment areas will be made approximately two weeks following the herbicide treatment to make sure that 95% of the mapped area was treated. Again, GPS and GIS will be used to make the assessment.

5.1.2. With the use of a helicopter, apply herbicide on up to 500 acres at a rate of either 15 GPA or 25 GPA of water, depending on the chemical used and the area treated, on Tennessee NWR and Cross Creeks NWR in 2027. Four different chemicals will be used to treat vegetation and invasive aquatic plants in wetlands. The chemicals will be provided by the Refuge.

Application at Cross Creeks NWR:

Application rates for Cross Creeks NWR (100 acres total):

- Application rate for 100 acres will be 2 quarts of Habitat and 1 quart surfactant per acre. Application will primarily be on alligatorweed. This will be applied at a rate of 15 gallons of water per acre.

Application at Tennessee NWR (Duck River Unit) Application rates for TN NWR (400 acres total):

- Application rate for 100 acres will be 2 quarts of Habitat and 1 quart surfactant per acre. Application will primarily be on alligatorweed and parrot feather. This will be applied at a rate of 15 gallons of water per acre.

- Application rate for 100 acres will be 3 quarts triclopyr and 1 quart surfactant per acre. Application will primarily be on alligatorweed. This will be applied at a rate of 25 gallons of water per acre.

- Application rate for 200 acres will be 1 quart per acre of 2,4-D Amine and 1 quart of surfactant. This will be applied at a rate of 15 gallons of water per acre. Application will be on sesbania in refuge impoundments.

- Application rate for 15 acres will be 5 quarts per acre Aquaneat and 2 quarts per acre Habitat and 2 quarts per acre surfactant. This will be applied at a rate of 15 gallons water per acre. Application will be on woody vegetation of the levees and spillways.

5.2. Task Heading.

5.2.1 Licenses/Certifications/Permits: The Contractor shall have the required licenses and certifications to apply herbicides by helicopter. Pilot will have copy of the contract and the required documents when he arrives on site.

5.2.2. Application of Herbicides via Helicopter: The Contractor will:

5.2.2.1 Provide the ground crew and helicopter pilot to perform requirements outlined in this PWS. The contractor also to provide the crew with a copy of this PWS to so they understand their responsibilities.

5.2.2.2 Operate at less than 60 mph using a microfoil or through-valve boom with a nozzle size of 045 or greater in order to reduce the risk of spray drift onto non-target vegetation. Boom pressures may not exceed 40 psi with 30 psi being preferred. Nozzles must always be pointed backward parallel with the air stream and never pointed downward more than 45 degrees.

5.2.2.3 Apply the herbicides in such a manner and at a rate as designated by the USFWS to provide adequate coverage within the designated treatment areas.

5.2.2.4 Apply and handle the herbicide and surfactant in a manner that conforms to all state and federal regulations and label restrictions.

5.2.2.5 Be responsible for disposal of all empty herbicide and surfactant containers.

Disposal must be according to state and federal regulations.

5.2.2.6 Complete the herbicide application between July 15, 2027 and August 30, 2027.

5.2.2.7 Coordinate with the USFWS to determine the date(s) and time(s) of herbicide application to minimize impacts on other USFWS activities.

5.2.2.8 Will not apply herbicides when wind speeds are in excess of 7 mph or when inversion conditions occur to limit drift on non-target vegetation.

5.2.2.9 All spray tanks and mixing tanks must be properly cleaned (triple rinsed) prior to arrival because this will not be allowed on site. Contractor may not flush/rinse out tanks onto the ground after the job is completed.

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

5.2.2.11 Contractor is responsible for all damage to agriculture crops.

5.2.2.12 Application must cover at least 95% of the mapped area to be sprayed or contractor must return within 2 weeks to spray the area missed at the contractors own cost including chemicals and surfactant.

5.2.2.13 Discharge the spray at an elevation of no more than 10 feet above the alligatorweed or tallest vegetation in the area being sprayed unless a greater height is required for aircraft safety.

5.3 Non-targeted (agriculture crops) must be avoided. The contractor shall protect property such as roads, levees, fences, power lines, water control structures, ditches, agriculture crops, and other private property against unnecessary dame and shall repair said damages immediately. The contractor shall restore damages to the condition found prior to damage.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures, including chemical labels and Material Safety Data Sheets.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1– Performance Requirements Summary

7.2. Attachment 2 – Deliverables Schedule

ATTACHMENT 1

Performance Requirements Summary 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.

Performance Objective (The Service required— usually a shall statement)

Standard Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of Surveillance

Positive Or

Negative Incentive

PRS # 1.

The contractor and the helicopter pilot shall have required licenses/certificates.

Refer to 1.6.8 Qualifications, Part 4 Contractor Furnished Items and Specific Task # 5.2.1

100% compliance.

Zero Deviation

100% Inspection

Positive:

Favorable performance review; prompt payment of invoices.

Negative: Possible Termination for Default. Negative past performance evaluation.

PRS # 2

The contractor shall provide ground crew, pilot and helicopter.

Refer to Specific Task # 5.2.2.1

Zero Deviation.

Favorable performance review; prompt payment of invoices.

Negative: Possible Termination for Default or Delay of Work. Negative past performance evaluation.

PRS # 3

The contractor shall provide application of herbicides via helicopter

Tasks # 5.1 and #

5.2 (all items under these tasks)

95% compliance as outlined in Quality Assurance (Application must cover at least 95% of the mapped area to be sprayed).

Favorable performance review; prompt payment of invoices.

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

Negative past performance evaluation.

PRS # 4

The contractor shall protect government property at all times

Task # 5.3

Zero deviation

Visual Inspection

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 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Key Personnel Contact Information

Within 15 days of beginning spraying operations

2 MS Word or

PDF

Contracting Officer and Site Representative

Copy of pilot’s license and certifications to apply herbicides by helicopter

Once 1 Hard copy Site Representative

Ground crew, pilot and helicopter

Duration of Period of Performance n/a n/a

Site Representative

Application of herbicides as per this PWS

Duration of Period of Performance n/a n/a Site Representative

Standard