B08_-_PWS_2022_-_Cattails.pdf

Bryar Johnson

US Fish & Wildlife Service

Region 2

PERFORMANCE WORK STATEMENT Aerial Spraying on Brazoria National Wildlife Refuge

PERFORMANCE WORK STATEMENT

Aerial Spraying Project on the Brazoria National Wildlife Refuge

Revision 1

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide herbicide and aerial spraying for the U.S. Fish & Wildlife Service (Service). The Service shall not exercise any supervision or control over service providers performing part or all the services herein. Such service providers shall be accountable solely to the contractor who, in turn is responsible to the Service

1.1 Description of Services/Introduction: The contractor shall provide all herbicide, surfactant, drift control, personnel, equipment, supplies, facilities, transportation, tools, supervision, and other items and non-personal services necessary to perform aerial application of Polaris (an Imazapyr) on 803 acres on

Brazoria National Wildlife Refuge (Refuge). The contractor shall perform to the standards in this contract.

1.2 Background: The Refuge upland and wetland habitats are for migratory birds and native wildlife.

The refuge has continued many prairie and wetland restoration projects to control invasive species.

Wetlands including ponds and sloughs need to be managed using mechanical manipulation and/or herbicide application to control the growth of cattails/phragmites. With the recent wet summers, mechanical manipulation has not been accomplished and growth of cattails is eliminating open water in many freshwater wetlands. Application of Polaris will control cattail/phragmites and open up the waterbodies improving wildlife habitat. See the attached KMZ files of the wetland units.

1.3 Objectives:

• Aerially apply Polaris across 803 acres of cattail/phragmites in pond and sloughs on the Refuge as outlined on the KMZ files and maps.

• Full coverage over the designated areas using the following application rates:

o Polaris - one (1) quart per Acre

• Surfactant and drift control is to be used per chemical label instructions.

• Outlines are unit boundaries, but application will be determined by vegetation presence and actual limit of targeted vegetation. Application should not occur over portions of the mapped area if the target vegetation is not present. Pilot should discuss the units with the Contracting Representative (COR) or refuge manager.

• Contractor may use a helicopter or fixed wing aircraft.

1.4 Scope: The Company must use aerial application methods that will provide full coverage and apply chemical during desirable weather conditions for best results.

1.5 Period of Performance: The period of performance shall be for one and a half (1.5) months between the months of August 15th to October 1st of 2022.

1.6 General Information:

1.6.1 Quality Control (QC): 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 Quality Control Program (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 contracting officer (CO) and COR within 5 working days when changes are made thereafter. After acceptance of the QCP, the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system. The contractor must follow all state and federal regulations pertaining to aerial spraying. Texas Dept. of Agriculture provides information to help stop spraying mishaps. Inversion layers may happen and drift is a potential that needs to be understood so native plants do not get sprayed inadvertently.

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, but may if they want to.

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 the Brazoria National Wildlife Refuge. 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: N/A

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 CO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the CO 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 Bryar Johnson. This contact information is: 24907 FM 2004, Angleton, TX 77515 or phone at 979-299-9231. 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 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 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 CO 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 CO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the CO 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. 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

CCE Contracting Center of Excellence CFR Code of Federal Regulations COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf FAR Federal Acquisition Regulation 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

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 Tasks:

5.1. Basic Services: The contractor shall provide herbicide, surfactant and drift control along with mixing for the aerial application of herbicide on the units described below and shown on the attached KMZ files. The tracts below consist of the following composition:

Roundup Custom Units:

Tract A – 1 AC Tract B – 1 AC Tract C – 3 AC Tract D – 21 AC Tract E – 145 AC Tract F - 21 AC Tract G – 79 AC Tract H – 54 AC Tract I – 4 AC Tract J – 63 AC

Tract L – 15 AC Tract M – 5 AC Tract N – 24 AC Tract O – 47 AC Tract P – 32 AC Tract Q – 90 AC Tract R – 50 AC Tract S – 55 AC Tract T – 20 AC Tract U – 73 AC

These tracts consists of moist-soil units, ponds and Otter Slough. The target for application is control of cattails/phragmites within the wetland area. There are no structures to avoid. Application should target the center and periphery of the wetlands to ensure full coverage to kill maximum cattail/phragmites.

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

Standard

Performance Threshold

Method of

Surveillance

PRS # 1.

• Polaris shall be sprayed over entire area as outlined by the KMZ File.

• GPS: 29 8’ 42”N

095 17’ 31”W

• The contractor will provide the herbicide for spraying over all units.

• Spraying will be for entire area of each unit.

• Weather must meet label instructions.

• Use application rates in accordance with the label and identified above.

• 75% or greater mortality rate over unit

< Five (5) percent deviation from the 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 between the months of August 15th to October 1st of 2022

NA