B08_Attachment_1_PWS_Trespass_Livestock_Removal_2024_07_09.docx

Big Bend National Park P.O. Box 129 Big Bend National Park, Texas 79834 Low Stress Livestock Round Up Services Performance Work Statement Date: 7/09/2024

1.0 General:

The National Park Service is seeking low-stress trespass livestock (including cattle, horses, and burros) round up services at Big Bend National Park (herein referred to as the “park”) in western Texas to round up a minimum of 50 head of trespass livestock. There will be an option subject to available funds to remove additional livestock on a per head basis.

Fixed wing aerial surveys of the Rio Grande river corridor in Big Bend National Park have averaged 427 trespass livestock counted over the past 3 years (2021-2024).

The livestock are loose within the park boundary, and contractor tasks would include gathering trespass livestock and confining gathered livestock in temporary corrals. Contractors would have the discretion to either care for the livestock for up to one week until they can be turned over to United States Department of Agriculture (USDA) or to transport them to the USDA processing center in Presidio, Texas, at no additional cost to the government. The contractor would be responsible for care of the livestock until they are turned over to USDA, but if the holding period exceeds one week the park would become responsible for care of the livestock. For the terms of this contract, livestock will be considered to have been captured and removed from the park when they enter USDA custody or when they enter park custody at the end of the one-week holding period.

The park covers more than 801,000 acres of south Brewster County in southwest Texas. Since the park was established in 1935, domestic horses, burros, and cattle have entered the park from neighboring lands in Mexico and the US and have damaged park resources. US law, specifically Title 36 Code of Federal Regulations (CFR) Part 2, Section 2.60, makes it illegal for livestock to be herded, driven across, pastured on, allowed on, or to run-at-large on park lands. There are exceptions to this requirement, but none apply to the trespass livestock in Big Bend National Park. The primary sources of livestock that enter the park are ejidos, which are unfenced community lands in Mexico. Some are from larger private Mexican ranches. Trespass livestock are domestic, not wild, animals; owners are Mexican farmers and ranchers. Most trespass livestock that wander or are herded into the park have indicators of their domestic status, including but not limited to brands, ear-tags, collars, horseshoes, and occasionally bells. The park's 118-mile-long boundary with the Rio Grande is not fenced because periodic flooding would damage or destroy fencing and create hazards to river navigation and would block wildlife access to drinking water.

The park is seeking a contractor to perform low-stress livestock handling. Low-stress livestock handling is described as an animal-centered, behaviorally-correct, psychologically-oriented, ethical and humane method of working animals that is based on mutual communication and understanding, not coercion. Low-stress livestock handling is efficient, cost-effective, humane, ethical, congruent with the image and philosophy of the National Park Service, and aptly suited to deal with trespass livestock in the park. Electric cattle prods will not be allowed in the park. Furthermore, low-stress livestock handling methods render electric cattle prods unnecessary.

The animal health protection act (AHPA) requires any livestock entering the US to do so at approved ports of entry and meet health and disease certification requirements. The United States Department of Agriculture (USDA) is responsible for management and disposition of livestock that enter via non-compliant means or locations from Mexico. Any animals captured in the park need to be transported to the nearest USDA-Animal and Plant Health Inspection Service (APHIS) quarantine and holding facility as soon as possible. The USDA facility serving the park area is near the US/Mexico Port of Entry in Presidio, Texas, which is located approximately 90 road miles from park headquarters. In keeping with AHPA, all animals turned over to the USDA would be quarantined and given health and disease checks and veterinary care.

2.0 Purpose:

It is the intent of the Government to award one firm fixed-price contract to a single qualified and responsible contractor to provide low-stress trespass livestock removal round up services. The purpose of this requirement is to uphold the mission requirements of the National Park Service, specifically to preserve unimpaired the natural and cultural resources and values of the National Park System for the enjoyment, education, and inspiration of this and future generations. Trespass livestock create unacceptable damage to Park natural and cultural resources, and negatively impact visitor experiences. They damage vegetation by grazing and trampling; cause soil erosion through hoof disturbance, trail creation and wallowing; contaminate and degrade water sources through trampling and feces; threaten cultural resources through trampling and rubbing on historic structures; and impact the visitor experience through littering campsites and roadways with feces, and through threatening behavior which impedes visitors from entering campsites or utilizing trails. Aerial surveys suggest as many as 500 head, and often more within the park at any given time. Water quality is a serious concern for backcountry visitors and river users alike, and aggressive livestock are a hazard on roads, trails, river access points and campsites.

3.0 Location:

The period of performance for this requirement is: 09/01/2024 – 04/30/2025.

5.0 Hours of Operation:

Low Stress Livestock Round Up Services shall be conducted between the hours of 4:00 a.m. and 10 p.m., Monday thru Thursday.

No work shall take place on the following dates/times:

Labor Day – Monday, September 2, 2024 Columbus Day – Monday, October 14, 2024 Thanksgiving Week – Sunday, November 24, 2024, thru Saturday, November 30, 2024 Christmas Week – Sunday, December 22, 2024, thru Saturday, December 28, 2024 New Years Day – Wednesday, January 1, 2025 Spring Break – Friday, March 14 thru Friday, March 21, 2025 Instances where the park is closed due to local or national emergencies, administrative closings, or similar Government-directed closings, no services shall be rendered. Work outside of the day and time specified shall only occur with written approval from the Government Point of Contact (POC) at no additional cost to the Government.

6.0 Tasks:

The Contractor Shall:

The Contractor may:

6.0.11 Use herding dog(s) to accomplish the task sufficiently and effectively. The dog(s) used shall be specifically trained to herd livestock. A dog that is not trained to herd livestock is considered a pet and is not permitted on park property.

6.0.12 Use baited corral traps to use to catch livestock with low stress methods.

7.0 Additional Contractor Requirements:

The contractor shall be responsible for:

For this requirement the Government will provide:

10.0.4 Contractor employees shall not loiter in any working or patron area. Upon completion of their assigned work, employees shall promptly depart from the public areas.

Contracting Officer (CO): The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

Contracting Officer's Representative (COR): The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the Contracting Officer’s Representatives will be defined in a letter of designation issued by the Contracting Officer that will be provided to the contractor.

Performance Work Statement (PWS): Government’s description and expectations of the services that shall be performed.

Point of Contact (POC): A POC will be used if an official COR cannot be designated at the time of award. The POC will not be designated in writing yet will assist the CO in the day-to-day on-site administration of the contract requirements.

Quality Control (QC): Actions taken by a contractor to carry out a written Quality Control Plan to ensure the performance of contracted services meet the PWS requirements.

Quality Control Plan: A written document created by the contractor outlining the specific actions the contractor will take to ensure the performance of contracted services meet the requirements contained within the PWS.

Trespass Livestock: Livestock, including cattle, horses, and burros, that enter the park, usually from across the international boundary, but sometimes from private property adjoining the park.

Safety Plan: A written document that takes into consideration the risk assessment of the requirement and develops reasonable concepts, behaviors, and disciplines to mitigate the assessed risk. It also includes the actions in chronological order the contractor will respond to an emergency with. This will include emergency contact list, the location and route to the nearest hospital or medical facilities, and the NPS emergency dispatch center number 928-608-6301. It shall also list any medical certifications that the onsite contractor staff has specific to first-aid, CPR, EMT, or similar credentials.

Quality Assurance: Actions taken by the Government to assure contracted services meet PWS requirements. Comment by Taylor, Scott H: I wish there was a way that we could write in somehow that we would be willing to pay extra for the capture and removal of the herd of horses that commonly reside around Onion Springs (approx. 15 in total). There is no nexus to the border in this area, and I know from personal experience that this group of horses are extremely difficult to capture. They’ve resided there for at least a couple of decades according to previous park pilots, and should be a priority for removal in my opinion. Comment by Athens, Thomas A: Good thought. We should confirm that herd is still there. We can tell them about the location, but we can't pay extra.

USDA: United States Department of Agriculture, referring to the USDA Animal and Plant Health Inspection Service (APHIS) quarantine and holding facility in Presidio, Texas.

13.0 Personal Service:

The Government has determined that use of an Agreement to satisfy this requirement is in the best interest of the government, economic and other factors considered, and this Contract is not being used to procure personal services prohibited by the Federal Acquisition Regulation (FAR) Part 37.104 titled “Personal Services Contract”.

To counter the circumstances that infer personal services and to preserve the non-personal nature of the Agreement, the contractor shall adhere to the following guidelines in the performance of the Contract:

· Contractor provides for direct supervision of all contract employees assigned to the task.

· Refrain from discussing the issues such as skill levels and hours, salaries, cost and funding data, or administrative and personnel matters affecting contractor employees with the client.

· Ensure close communication/coordination with the CO and POC, reporting problems to the POC and CO as they occur.

· Do not permit Government officials to interview potential contractor employees, discuss individual performance, approve leave, or work scheduling of contractor employees, terminate contractor employees, assist contractor employees in doing their jobs or obtain assistance from the contractor in doing Government job.

· Do not assign contractor personnel to work under direct Government supervision.

· Maintain a professional distance from Government employees.

· Provide contractor employees with badges, if appropriate, identifying them as contractors.

· Ensure proper communications with the Government (technical discussion and government surveillance is okay, but the Government cannot tell the contractor how to do the job).

The Government has the right to reject the finished product or result, and this does not constitute personal services.

14.0 Designation of Contracting Officer’s Representative (COR) & Point of Contact (POC):

Contracting Officer: The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO/PA, is authorized to amend, modify, or deviate from the contract.

Contracting Officer's Representative (COR): The COR will be designated in writing at the time of award to assist the CO in the day-to-day on-site administration of the contract requirements. The responsibilities of the COR will be specified in the appointment memo that shall be provided to the contractor.

Point-of-Contact (POC): The POC will be used if an official COR cannot be designated at the time of award. The POC will not be designated in writing and will assist the CO/COR in the day-to-day on-site administration of the contract requirements.