Attachment_2-A04-Performance_Work_Statement(PWS)_Bosque_FY22.pdf

PERFORMANCE WORK STATEMENT (PWS)

Bosque Mastication Project on the Bosque del Apache National Wildlife Refuge

Part 1 General Information

1. GENERAL: This is a non-personnel services contract to provide vegetation mastication 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:

i 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 mastication of approximately 345 acres, on the Bosque del Apache National Wildlife Refuge (NWR) as defined in this Performance Work Statement (see Figure 2) 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 Bosque del Apache NWR would like to mechanically masticate large portions of land that range from dense mature growth cottonwood areas which have never received treatment to areas that have received previous treatments (mastication and fire) and are composed of small sparse regrowth. Some areas are also comprised of mature trees but with sparse density. The NWR does not have the appropriate machines or operators to dedicate to this size of project. To clear the trees that are located on the areas proposed, we will need to use a company with larger mastication equipment to do the work. The overall goals are to reduce the risk of wildfire causing damage to critical yellow-billed cuckoo (YBCU) and Southwestern willow flycatcher (SWFL) habitat, mitigate safety risks to FWS staff, and to improve access, visibility.

1.3 Objectives:

• Mechanically masticate all standing dead and downed cotton wood, and other species if encountered, to ≥ 3” DBH within the units on the attached maps.

• Wildlife trees will be marked in yellow and shall not be damaged.

1.4 Scope:

The contractor can only access the area only during dry times and/or during times preapproved by refuge staff shown in table 1 below. If the areas are too wet to handle heavy equipment, the work will be postponed in that specific area to minimize critical habitat and soil damage. Daily work reports will be completed by contractor and turned in to refuge staff.

Smith, Michael Scott Can you spell correctly please Claire?

1.5 Period of Performance:

i Base Award: The period of performance for mastication by heavy equipment shall be 2 September 2022 – 14 April 2023. Guidelines to limit take for SWFL follow a ¼-mi buffer around known territories from 15 April – 15 August. Guidelines to limit take for YBCU follow a 1-mi buffer around known territories from 1 June – 1 September. During these times, disturbance should be avoided within the buffers and removal of invasives or suitable habitat is not allowed without further approval. Limiting or avoiding disturbance during the breeding season is best for the birds and their productivity. If disturbance does occur within the buffers during these time frames, it should be limited to times when the birds are less active between 10am and 4pm. For SWFL, you can further mitigate take during the breeding season by performing operations in June, instead of May. Overall, the best and preferred period of performance is outside of the breeding season. .

Table1. Operating Time Restrictions. An “X” marks periods of performance that are allowed.

UNIT Jan Feb Mar Apr May Jun Jul Aug Sept Oct Dec

7North X X X X X X X X

7 South X X X X X X X X

26 X X X X X X X X

27 X X X X X X

33B X X X X X X

34B X X X X X X

34C X X X X X X ii Alt Awards: The period of performance for mastication by heavy equipment shall be:

Southwestern willow flycatcher: 16 August – 14 April.

SWFL buffer guidelines are in effect from 15 April – 15 August.

Yellow-billed cuckoo: 2 September – 31 May

YBCU buffer guidelines are in effect from 1 June – 1 September.

Full completion date/year of the Option Year Awards are to be determined.

Smith, Michael Scott Claire can you please enter the dates here? We can manipulate this table any way you want if you don’t like the simple format I have done.

1.6 General Information:

Refuge access roads normally provide for one-way travel however with a pilot car this can be negated.

No road construction will be needed. All mastication units have two track road access. Options for site access and all equipment storage and environmental concerns will be addressed during project meetings.

1.6.1 Quality Control: NA

1.6.2 Quality Assurance:

The government shall evaluate the contractor’s performance under this contract in accordance with this Performance Work Statement. 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 always 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 Bosque del Apache NWR. Job site is approximately 92 miles south of Albuquerque, NM on I-25. The nearest basic facilities are located in Socorro, NM approximately 21 miles north of the refuge. The refuge lies in a remote area immediately adjacent to I-25.

1.6.6 Type of Contract:

The government will award a firm-fixed price.

1.6.7 Gate Locks:

Project sites are located within public accessible areas during normal business hours, however a key or a point of contact will be issued for the main gate if needed.

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, Technical Representative (TR), 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 Technical Representative (TR):

The (TR) will be Michael S Smith (Mike) at 505-388-4578. The TR monitors all technical aspects of the contract and assists in contract administration The TR 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 TR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the TR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The TR is not authorized to change any of the terms and conditions of the resulting order.

1.6.10 Key Personnel:

The following personnel are considered key personnel by the government: Contract Manager 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:

At the contractor’s option, partial payments can be made to cover the cost of equipment and materials obtained by the contractor for this project. Final payment will be made upon Refuge acceptance following total completion of the project by the contractor. Upon completion and acceptance of all work and receipt of a proper invoice, the contractor will be paid the balance of the firm/fixed-price of 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 affect 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. Technical Representative (TR)

An employee of the U.S. Government appointed by the contracting officer to represent the government on site. 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 CONTROL

All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.10. SUBCONTRACTOR

One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.11. WORKDAY

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.

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.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASK:

The contractor will conduct an initial site visit with refuge staff for access arrangements and to ensure proper identification of each area to be masticated. Contractor will then mobilize their heavy equipment. When vegetation is masticated care needs to be given to leave trees and debris should be as small as reasonably possible with the type of machine. Soil and ground disturbance is expected due to the nature of heavy equipment, however the contractor should make attempts to fill in, or smooth over the cleared areas to minimize large ruts and tracks left behind.

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. PROJECT MAPS:

Smith, Michael Scott [2] Ed this one is for you. Maps are great. Since they are going to the public is there a chance you could insert Table of Contes, scale and north arrow? I didn’t notice until after we spoke last time.

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