Attachment_2-A04_-Performance_Work_Statement_2022_Refuge_Mechanical_Treatment_(1).pdf

PWS PERFORMANCE WORK STATEMENT (PWS)

RX Fire Break Clearing / Mulching Project on the Aransas National Wildlife Refuge

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide land clearing for the US Fish & Wildlife Service. 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:

Base Award: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform mechanical clearing of approximately 250 acres, on the Aransas National Wildlife Refuge as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

Option Year 1: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform mechanical clearing of approximately 453 acres, on the Aransas National Wildlife Refuge as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

Option Year 2: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform mechanical clearing of approximately 518 acres, on the Aransas National Wildlife Refuge as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

Option Year 3: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform mechanical clearing of approximately 444 acres, on the Aransas National Wildlife Refuge as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: The Aransas / Matagorda Refuge Complex would like to mechanically clear land on the Aransas National Wildlife Refuge. The Complex does not have large enough machines to clear the trees and brush that are located on the Refuge so we will need to use a clearing company to do the work. The cause for this vegetation project is to remove hazardous fuels in these units and, increase the dependable space along control lines to aid in prescribed fire implementation as well as wild fire control on the refuge.

See the attached KMZ files of the units.

1.3 Objectives:

• Clear approximately 250 acres on the Complex outlined on the KMZ. Files and maps.

• The trees and brush need to be mulched level to ground with as minimal soil disturbance as possible.

• The area must be kept clean at all times.

1.4 Scope: The Company must use the least impactful machine on the soil of this area. The project must access the area only during dry times. If the areas are wet, they will not be able to work on the project areas, to minimize the damage to the refuge. The contractor shall accomplish mulching to level ground with as minimal soil disturbance as possible.

1.5 Period of Performance: The period of performance shall be for six months.

1.6 General Information: A majority of the units that will be treated have a sandy soil. Depending on amount of moisture in the soil some areas may be hard to access with standard vehicles. Most all heavy equipment can navigate just fine.

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. The QCP is to be delivered within 30 days after contract award or with the contractors proposal if it is an evaluation factor, three copies of a comprehensive written QCP shall be submitted to the KO and COR within 5 working days when changes are made thereafter. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

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 to perform work 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 Independence Day Christmas Day

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of sunrise to sunset Sunday thru Saturday except Federal holidays at the Contractor’s option. 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 performed under this contract will be performed at Aransas NWR. Please see the attached .KMZ file for exact directions.

1.6.6 Type of Contract: The government will award a firm-fixed price.

1.6.7 Gate Locks: The Contractor shall furnish their locks and keys that will be attached to our gates, commonly known as “Contractor Locks” that will not limit or obstruct access to the government.

Contractor is responsible for removing this lock at the completion of land clearing this unit. A code to the front gate that leads to the office will be provided.

1.6.8 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.

1.6.9 Contracting Officer Representative (COR): The (COR) will be Scott Affeldt. His contact information is: 1 Wildlife Circle, Austwell, TX 77950, Gov. Cell 956-330-7311. Or Susie Perez, Gov.

Cell 361-894-5444. 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.

1.6.10 Key Personnel: The follow personnel are considered key personnel by the government: Contract Manage and Site Project Leader. 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 8:00 am to 5:00 pm, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.11 Identification of Contractor Employees: All contract personnel attending meetings, 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.

1.6.12 Contractor Travel : Contractor will be responsible for all travel cost and scheduling of travel.

1.6.13 Other Direct Costs : Contractor is responsible for the cost to transfer between units as required for the contract.

1.6.14 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 AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List

DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out 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 not provide any services for this contract.

3.2 Facilities: The Government will not provide and facilities for this contract.

3.3 Utilities: The Government will not provide any utilities for this contract.

3.4 Equipment: The Government will not provide any equipment for this contract

3.5 Materials: The Government will not provide any materials for this contract.

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.

4.1.1 Equipment: The Contractor shall furnish all equipment to adequately preform the requested job and that is least impactful on the soil areas of this unit. A mulching head will be required to spread material out, dozers and/or excavators are not allowed to pile material.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

Tract 1 – 41 Acres

This track is a RX/Wild Fire control line. It is an old grown in mow / disk line. It has a large amount of small running life oak 1 -6 inches in diameter. Numerous larger live oak 6 – 20 inches in diameter. As well as various species of small diameter brush. This line will need to be cleared 25 – 35 feet from the current disc line of all woody vegetation as close to the ground as possible with minimal ground disturbance.

Tract 2 – 8 Acres This track is a RX/Wild Fire control line. It is an old grown in mow / disk line. It has a large amount of small running life oak 1 -6 inches in diameter. Numerous larger live oak 6 – 20 inches in diameter. As well as various species of small diameter brush. This line will need to be cleared 25 – 35 feet from the current disc line of all woody vegetation as close to the ground as possible with minimal ground disturbance.

Tract 3 – 5 Acres This track is a RX/Wild Fire control line. It is an old grown in mow / disk line. It has a large amount of small running life oak 1 -6 inches in diameter. Numerous larger live oak 6 – 20 inches in diameter. As well as various species of small diameter brush. This line will need to be cleared 25 – 35 feet from the current disc line of all woody vegetation as close to the ground as possible with minimal ground disturbance.

Tract 4 – 7 Acres This track is a RX/Wild Fire control line. It is an old grown in mow / disk line. It has a large amount of small running life oak 1 -6 inches in diameter. Numerous larger live oak 6 – 20 inches in diameter. As well as various species of small diameter brush. This line will need to be cleared 25 – 35 feet from the current disc line of all woody vegetation as close to the ground as possible with minimal ground disturbance.

Tract 5 – 3 Acres This track is a RX/Wild Fire control line. It is an old grown in mow / disk line. It has a large amount of small running life oak 1 -6 inches in diameter. Numerous larger live oak 6 – 20 inches in diameter. As well as various species of small diameter brush. This line will need to be cleared 25 – 35 feet from the current disc line of all woody vegetation as close to the ground as possible with minimal ground disturbance.

Tract 6 – 4 Acres This track is a RX/Wild Fire control line. It is an old grown in mow / disk line. It has a large amount of small running life oak 1 -6 inches in diameter. Numerous larger live oak 6 – 20 inches in diameter. As well as various species of small diameter brush. This line will need to be cleared 25 – 35 feet from the current disc line of all woody vegetation as close to the ground as possible with minimal ground disturbance.

Tract 7 – 4 Acres This track is a RX/Wild Fire control line. It is an old grown in mow / disk line. It has a large amount of small running life oak 1 -6 inches in diameter. Numerous larger live oak 6 – 20 inches in diameter. As well as various species of small diameter brush. This line will need to be cleared 25 – 35 feet from the current disc line of all woody vegetation as close to the ground as possible with minimal ground disturbance.

Tract 8 – 3 Acres This track is a RX/Wild Fire control line. It is an old grown in mow / disk line. It has a large amount of small running life oak 1 -6 inches in diameter. Numerous larger live oak 6 – 20 inches in diameter. As well as various species of small diameter brush. This line will need to be cleared 25 – 35 feet from the

Tract 9 – 5 Acres This track is a RX/Wild Fire control line. It is an old grown in mow / disk line. It has a large amount of small running life oak 1 -6 inches in diameter. Numerous larger live oak 6 – 20 inches in diameter. As well as various species of small diameter brush. This line will need to be cleared 25 – 35 feet from the current disc line of all woody vegetation as close to the ground as possible with minimal ground disturbance.

Tract 10 (Lamar) – 12 Acres This track is a Wild Urban Interface control line. It is an old grown in mow / disk line. It has a large amount of small running life oak 1 -6 inches in diameter. Numerous larger live oak 6 – 20 inches in diameter. As well as various species of small diameter brush. This line will need to be cleared 100 feet (West Line) and 50 feet (South Line) from the current disc or mow line of all woody vegetation as close to the ground as possible with minimal ground disturbance. Any trees over 20 inches DBH will be cleared around and left standing. Stopping point on the south line will be flagged in advance.

Tract 11 – 1.5 Acres This tract will be creating a buffer along a mature live oak mott. A 50 - 60 foot wide line will be cleared around this mott by removing all small diameter trees and brush (1 – 6 inch DBH) as close to the ground as possible with minimal ground disturbance. Initial path to follow will be flagged in advance.

Tract 12 – 3 Acres This tract will need to be cleared down to mineral soil 40 – 50 feet on both sides of a service road as well as both sides of a large burn pile. Start and stop points will be flagged in advance. This area does have debris and some old building materials such as lumber, concrete and rip-rap. This area will need to be scouted in advance by the operator. Any areas of concern for the machine can be mitigated by going around and/or through permission from the COR.

Whitmire Tract – 133 Acres This tract is located at the Whitmire Unit of Aransas NWR which is approximately 30 minutes away from the main work location. This is one of the refuges Wildland Urban Interface (WUI) tracts. This tract has a large amount of small diameter brush 1 -6 inches and a small amount of larger brush 6 – 12 inches. This entire unit will be cleared of all woody vegetation as close to the ground as possible with minimal ground disturbance.

Tract 13 – 16 Acres (Option Year 1) This track is a RX/Wild Fire control line. It is an old grown in mow / disk line. It has a large amount of small running life oak 1 -6 inches in diameter. Numerous larger live oak 6 – 20 inches in diameter. As well as various species of small diameter brush. This line will need to be cleared 25 – 35 feet from the current disc line of all woody vegetation as close to the ground as possible with minimal ground disturbance.

Tract 14 – 12 Acres (Option Year 1) This track is a RX/Wild Fire control line. It is an old grown in mow / disk line. It has a large amount of small running life oak 1 -6 inches in diameter. Numerous larger live oak 6 – 20 inches in diameter. As well as various species of small diameter brush. This line will need to be cleared 25 – 35 feet from the current disc line of all woody vegetation as close to the ground as possible with minimal ground disturbance.

Tract 15 – 5 Acres (Option Year 1) This track is a RX/Wild Fire control line. It is an old grown in mow / disk line. It has a large amount of small running life oak 1 -6 inches in diameter. Numerous larger live oak 6 – 20 inches in diameter. As well as various species of small diameter brush. This line will need to be cleared 25 – 35 feet from the

Tract 16 – 5 Acres (Option Year 1) This tract is located at the Tatton Unit of Aransas NWR which is approximately 20 minutes away from the main work location. This is one of the refuges Wildland Urban Interface (WUI) tracts. This tract has a large amount of small diameter brush 1 -6 inches and a small amount of larger brush 6 – 12 inches. This entire unit will be cleared of all woody vegetation as close to the ground as possible with minimal ground disturbance.

Tract 17 – 416 Acres (Option Year 1) This tract is one of the refuge upland habitat units. This tract has a large amount of small diameter brush 1

- 6 inches and a small amount of larger brush 6 – 12 inches. This entire unit will be cleared of all woody vegetation as close to the ground as possible with minimal ground disturbance.

Tract 18 – 518 Acres (Option Year 2) This tract is one of the refuge upland habitat units. This tract has a large amount of small diameter brush 1

- 6 inches and a small amount of larger brush 6 – 12 inches. This entire unit will be cleared of all woody vegetation as close to the ground as possible with minimal ground disturbance.

Tract 19 – 444 Acres (Option Year 3) These tracts are some of the refuge upland habitat units and crane nesting units. This tract has a large amount of small diameter brush 1 - 6 inches and a small amount of larger brush 6 – 12 inches. This entire unit will be cleared of all woody vegetation as close to the ground as possible with minimal ground

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable Federal and State regulations and laws applicable to this project.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

TECHNICAL EXHIBIT 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

PRS # 1.

• Tracts A-N: The contractor shall clear approximately 250 acres around the field office outlined by the .KMZ File.

• The contractor will provide 100% clearing of all trees and brush.

• Contractor will provide 100% mulching of all trees and brush to ground level (to within one inch).

• The trees and brush need to be cut and mulched level to ground with as much minimal soil disturbance as possible.

• The contractor will provide 100% of all debris and trash to be cleared from tract on a daily basis. The area must be kept clean at all times.

95% or greater of deviation from standard

100% Inspection.

COR will inspect work on a daily basis.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To All work to be completed within six months of the contract date.

NA

Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community µ Complex Map

FM 316

FM 2040

State Highway 35

0 3 6 9 121.5 Miles

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community µ Blackjack Units

Total Acres +/- 1600

0 1 2 3 40.5 Miles

19 14 µ Lamar Unit Total Acres +/- 12

0 0.1 0.2 0.3 0.40.05 µ Whitemire Unit Total Acres +/- 133

0 0.15 0.3 0.45 0.60.075