B08_Attachment_1-PWS.doc

PWS PERFORMANCE WORK STATEMENT (PWS)

FIRE-BIL Blackjack RX Mulching 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: This award is for one treatment period. 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 225 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 performance work statement.

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 wildfire control on the refuge. See the attached PDF files of more detail project area.

1.3 Objectives:

· Treat approximately 225 acres on the Complex outlined on the PDF. 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 remove/clear all woody vegetation smaller than 20-inch DBH. Trees larger than the 20-inch standard will need to be cleared around as much as practical.

1.5 Period of Performance: One year from award date. The period of performance will be set per refuge/fire management to meet the objectives. There will be short timeframes in the winter months that access to this treatment location will be restricted due to currently planned refuge activities. Contractor will be given these dates upon selection.

1.6 General Information: A majority of the unit that will be treated has a sandy soil. Depending on amount of moisture in the soil, some areas may be hard to access with standard vehicles. Most heavy equipment can navigate just fine. The contractor will be working alongside the refuge auto tour loop where members of the public have access. Maintaining situational awareness and proper equipment operation techniques are crucial to prevent any type of accidents.

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

Juneteenth

Christmas Day

Independence 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 .PDF file for exact directions.

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

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. The backup COR Ashley Samberson 806-336-6355 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. Contractor is responsible for all vehicle and equipment recovery in the event of breakdowns and becoming stuck.

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: Due to the remoteness of the refuge, a location will be allowed onsite for bulk fuel storage tanks (trailer, skid units, etc.).

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:

The treatment will be scheduled from the COR to align with the mission of the Fire Management Program. Access limitations could be but not limited to high fire danger, excessive rainfall, refuge hunting dates, etc.

The main goal to measure success with this treatment is to remove all woody material. This is an area on the refuge to butts up against our auto tour loop and is utilized as a main firebreak in the event of a wildfire.

5.1 Treatment Breakdown:

** Refer to the provided map for further detail on these treatments.

Blackjack WUI Break: The total size of this unit is approximately 225 acres. This tract has a large amount of small diameter brush 1-6 inches and a small amount of larger brush 6 – 18 inches. Larger trees (ex. 20 inch dbh or higher) are present but limited. Trees this size (ex. 20 inch dbh or higher) will be left, but will need to be cleared around as much as possible. This entire unit (excluding large trees) will be cleared of all woody vegetation as close to the ground as possible with minimal ground disturbance. Contractor will need to provide two signs to post along the auto tour loop to inform the public before they near that treatment area.

5.2 Map Breakdown:

1 – 2 This is a refuge firebreak, mulching boundary will be the disked line.

2 – 3 This is the Auto Tour Loop, this is a paved road open to the public. Caution will need to be used to avoid any type of incident with the public.

3 – 4 This is a graveled refuge road, this road is closed to the public and will serve as the boundary.

1 – 4 This is a refuge fence line that has a disked firebreak along it. The disk line will be the boundary.

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)

PRS # 1.

· Tract: The contractor shall treat approximately 225 acres on the Blackjack unit of Aransas NWR outlined by the PDF File.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

NA

NA

NA