B08__PWS_-_Towhee_1.docx

Inyo California Towhee Spring 2024 Surveys

Contents

1.0 Background on the Government’s Requirement

This Performance Work Statement (PWS) is for a targeted survey of federally listed Inyo California towhee (Melozone crissalis eremophilus) on Bureau of Land Management (BLM) lands. Work performed under this PWS will support continued management of this species in accordance with the Endangered Species Act (ESA), the National Environmental Policy Act, and Sikes Act. This survey effort is consistent with the applicable land use plans (California Desert Conservation Act (CDCA), as amended) and will reflect management and study methods developed for Inyo California towhee in coordination with the U.S. Fish & Wildlife Service (USFWS) and other stakeholders.

The BLM Ridgecrest Field Office oversees roughly 1.8 million acres of Federally managed lands, ranging from the Mojave Desert to the Great Basin Desert. Located in Inyo, Kern, Sand Bernardino, and Mono counties, the Ridgecrest Field Office manages land as far south as the town of Mojave, encompassing the city of Ridgecrest and town of Trona, and as far north as the White and Inyo Mountains. The Ridgecrest Field Office borders Death Valley National Park, the Naval Air Weapons Station China Lake (NAWSCL), Sequoia, and Inyo National Forest.

Approximately 32% of the Inyo California towhee habitat occurs on BLM lands, mostly consisting of riparian corridors and isolated canyon springs in the eastern Argus Mountain range. Spring locations are often remote, most notably within Great Falls Basin Wilderness, and require many hours of hiking to access.

The purpose of this PWS is to provide for surveys of breeding and nesting Inyo California towhees. Breeding bird surveys will be focused on selected sites within the BLM Ridgecrest Field Office managed lands. The survey and reporting effort will entail a combined approach with a concurrent effort being conducted under adjacent NAWSCL jurisdiction. The purpose of the joint-survey effort is to determine population estimates for the species using extrapolated data from all survey areas within representative habitat. The findings of this effort will provide information on nesting bird numbers that will aid in conservation of this species and provide the USFWS with valuable information to aid with a potential delisting of the species.

2.0 General Scope of Work

The Contractor shall design and conduct Inyo California towhee surveys in accordance with BLM and USFWS accepted protocols. The survey shall be conducted at priority areas identified by the BLM Ridgecrest Field Office. Survey site selection is based on BLM coordination with USFWS, California Department of Fish and Wildlife, and NAWSCL. Surveys will collect data regarding the numbers of adults, juveniles, and nesting pairs occupying select habitat areas.

The specific work approach (locations, timing, methodology, access, etc.) shall be identified during the initial pre-performance meeting, with survey areas prioritized by habitat, occupancy, previous known conditions, and access limitations. The Contractor shall specify the survey methods and schedule in the Work Plan.

Place of Performance:

The place of performance is the Argus Mountain Range, within Inyo County in California. Specific locations to be surveyed include Indian Joe Canyon, Great Falls Basin, Bruce Canyon, North Homewood Canyon, Homewood Canyon, Water Canyon, and Shepherd Canyon.

Period of Performance:

The period of performance shall be for twenty-four (24) months from the date of award. The PWS may be extended beyond this date with written permission from the BLM.

3.0 Overall Objective(s)

The objective of this work is:

· Survey for Inyo California towhee at targeted BLM springs in the Argus Mountain range.

· Determine population trends compared to previous years surveys.

· Support the USFWS in calculating overall towhee population size across multiple land management jurisdictions.

4.0 Specific Tasks

The Contractor shall conduct focused surveys for the Inyo California towhee (Melozone crissalis eremophilus) at riparian habitats and springs within the known range of this species. The Contractor shall provide qualified personnel and conduct the surveys in accordance with BLM and USFWS protocols for Inyo California towhee.

The Contractor shall provide personnel qualified to complete work tasks in this PWS. Contractor personnel conducting the work shall obtain ESA permits prior to the work being conducted.

GENERAL REQUIREMENTS

The Contractor shall provide qualified individuals for on-site support and expertise as needed to accomplish the tasks listed in this Performance Work Statement. The nature, frequency, and performance level of the tasks will require coordination with the BLM, USFWS, CDFW, and NAWSCL. The onsite Contractor shall possess and maintain a valid California Driver’s License, 4-wheel drive vehicle, and work cell phone along with any other necessary implements to complete work. The Contractor shall comply with all agency rules, regulations, safety requirements and day-to-day operational procedures while conducting work on BLM lands. Additional requirements include, but are not limited to the following:

a. The Contractor shall take great care to avoid impacts to Desert Tortoise, Inyo California Towhee, and other special status species.

b. Equipment operators working on this project shall possess the appropriate licenses and credentials to operate the equipment being used.

c. No animals, including pets, will be brought on surveys conducted within BLM lands.

d. The Contractor will not remove dead, injured or sick wildlife from BLM lands. All such wildlife shall be reported immediately to the COR. The Contractor is specifically prohibited from carrying out any predator control activities.

e. All field notes, field data forms, photographs, etc. produced as part of this Performance Work Statement is the property of the BLM. These data will not be used, in whole or in part, for any professional, scientific, or non-scientific report, paper or note, published or unpublished or be part of any technical or non-technical presentation without the written pre-authorization of the COR.

5.0 Delivery / Performance Schedule

The COR shall schedule a pre-performance meeting as soon as possible and preferably within 45 days following award of the contract, ensuring that all parties can be present. The purpose of the pre-performance meeting is to discuss specifics of how the Contractor will meet the requirements of this contract, including all required safety and work plans. Two full-day meetings are intended to provide for Contracted surveyor(s) an opportunity to conduct site reconnaissance at remote study sites prior to completing the work plan survey protocol and conducting surveys. The Contractor shall prepare Draft Meeting Minutes, which are due within ten (10) calendar days after the meeting. The Final Meeting Minutes are due within seven (7) days after the receipt of Government comments on the Draft Meeting Minutes.

The Contractor shall prepare a Work Plan detailing how they propose to accomplish all the performance objectives under this CTO. The Work Plan shall describe means and methods for completing protocol level surveys for Inyo California towhee:

(1) Means and methods for completing PWS work tasks

(2) Proposed locations and methodology for conducting surveys

(3) Specific data to be collected and database structure

(4) Draft Table of Contents for the Final Survey Report

(5) Schedule with milestones and dates for completion of services and associated deliverables

(6) List of key personnel and their roles for this PWS, including an outline of their qualifications

(7) Copies of any required permits

The following shall be collected and submitted to the COR with the Draft and Final Reports:

· The Contractor shall comply with, and be responsible for, all regulatory agency notification and reporting requirements.

· The Contractor shall provide all USFWS permit reporting and advance drafts of reports to the COR.

· The Contractor shall submit electronic copies of their draft USFWS 45-day report to the COR and BLM biologist for review within 30 days following completion of the survey effort, but at least 15 days prior to submittal to the USFWS. All Government comments received on the draft USFWS 45-day report at least 5 days prior to submission deadline shall be incorporated into the final USFWS 45-day report prior to submittal to the UFWS. The Contractor shall submit a hardcopy and electronic copy of the final USFWS 45-day report to the COR.

· The Contractor shall provide a copy of all correspondence with the USFWS pertaining to this CTO to the COR, including a copy of the Contractor’s notification to begin surveys.

· The Contractor shall provide copies of all required permits or letters of authorization to the COR and BLM Biologist, with the Work Plan.

The Contractor shall prepare a Draft Report within 45 days of the completion of field work and submit it to the Government for review (including all accompanying reference data, databases, administrative record, GIS files, maps, photographs, etc.). Electronic copies of the Draft Report shall be submitted via email or secure file transfer site to the COR (1 copy) and the BLM Biologist (1 copy). The Contractor shall list all Government comments received on the Draft Report in tabular format and specify for each comment a) who made the comment, b) the page and line reference in the Draft Report for the comment, and c) a short response detailing how each comment was addressed in the Final Report, as well as provide the page number in Final Report on which the revision can be found.

The Final Report is due 30 calendar days after receipt of Government comments on the Draft Report. The Contractor shall submit the Final Report to the following:

1) COR – one (1) unbound copy and one (1) electronic copy on CD ROM (PDF and MS Word versions)

2) BLM Biologist – two (2) unbound copies and two (2) electronic copies on CD ROMs (PDF and MS Word versions)

The reports shall be submitted in scientific format and shall include the following: 1) Title page showing the title, date, contract number, COR and BLM Biologist contract information; 2) Sub-title page showing title, prepared by listing, date, and recommended citation; 3) Table of Contents; 4) Abstract; 5) Introduction; 6) Methods; 7) Results; 8) Discussion; and 9) Conclusions (to include recommendations for future projects or study). The draft Table of Contents shall be submitted as a component of the Work Plan.

All supporting raw data, data sheets, electronic databases, GIS files, and photographs shall be submitted as appendices with the Draft and Final Report. Electronic databases shall be submitted on a labeled CD-ROM in a pocket affixed to the hard copies of the Draft and Report. All maps developed for this Task Order shall be incorporated into the Draft and Final Reports. The maps shall be printed on 8.5 X 11-inch paper or 11 X 17-inch paper folded to match the size of the reports. The maps shall contain the following information: (a) title, (b) scale bar, (c) legend, (d) date, (e) north arrow and (f) notation identifying who prepared the map.

All plans/reports shall be free of typos, grammatical errors, inappropriate “cut and paste” inserts, formatting inconsistencies, incorrectly labeled Tables and Figures, etc. If, during Government review, more than ten errors are found or if errors over five consecutive pages are found the document will be rejected. All plans shall provide proper citations for all documents referenced. All government-provided documents shall be considered and appropriately integrated into the plans. All graphics shall be professionally presented and easily interpreted.

6.0 Government-Furnished Property, Materials, Services

General:

The Contractor shall furnish all personnel, materials, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the work tasks defined in this Performance Work Statement, except for those items specified as government-furnished.

Materials:

No Government materials shall be provided.

Equipment:

No Government equipment shall be provided.

Services: The Government will provide maps and other applicable documents to assist with field work.

Facilities: No Government facilities shall be provided.

Utilities: No Government utilities shall be provided.

7.0 Security and Administrative Matters

Regular Work Hours:

The performance period established for this contract is based upon all work being conducted during regular working hours between 7:00am and 4:00pm, Monday through Friday, excluding government holidays. If the Contractor desires to carry on work outside regular hours, including Saturdays, Sundays, and government holidays, a request must be submitted to the Contracting Officer in sufficient time to allow satisfactory arrangements to be made for access to the work site.

Communications:

“Time” for communications received after 3:00pm, after 12:00 pm locally on Fridays, or after 12:00 pm locally prior to a holiday will not start until the next business day. All times are local Pacific Standard Time.

Federal Holidays:

The following Federal Legal Holidays are observed:

Fire Danger Season:

If the Contracting Officer Representative (COR) allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

8.0 Technical Exhibits and Definitions

Standard Definitions:

Physical Condition The Physical appearance of Federal equipment or facilities that considers cracks, chips, dents, abrasions, rust, corrosion, general cleanliness, vibration, operating temperature, and discoloration and other items as identified by the COR.. Physical condition may be determined by visual as well as diagnostic means.

Contracting Officer (CO) The Secretary of the Interior or designated authorized representative who is the only agent capable of signing a federal award or obligating funds.

Contracting Officer’s Representative (COR) The Contracting Officer’s designated representative as indicated in a delegation of authority letter.

Quality Assurance (QA) Surveillance of Contractor performance to determine performance requirements are met.

Performance Requirements Summary (PRS) (see Technical Exhibit below) The PRS identifies the key performance indicators of the Contract that will be evaluated by the Government to assure Contract performance standards are met by the Contractor.

Quality Control Those actions taken by the Contractor to control the production of goods or services so that they meet the requirements of the performance work statement.

Technical Definitions:

The performance of work hereunder shall be subject to the technical direction of the COR. The COR and the Contractor shall work together closely to ensure that all contractual requirements are being met.

The term "technical direction" is defined to include, without limitation, the following:

a. Providing of information to the Contractor which assists in the interpretation of drawings, specifications, or technical portions of the work description.

b. Review, and where required by the task order, approval of technical reports, drawings, specifications, and technical information delivered by the Contractor to the government under this task order.

Technical direction must be within the general scope of work stated in the task order. The COR does not have the authority to issue any technical direction which (i) constitutes an assignment of additional work outside the general scope of the task order; (ii) constitutes a change as defined in the contract clause entitled, "Changes"; (iii) in any manner causes an increase or decrease in the total task order price or the time required for task order performance; or (iv) changes any of the expressed terms, conditions, or specifications of the task order. The COR shall notify the Contracting Officer well in advance of the anticipated issuance of any technical directions which the COR feels may fall within categories (i) through (iv) preceding.

All technical directions shall be issued in writing by the COR or shall be confirmed by him/her in writing within five (5) working days after issuance. The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this provision. If, in the opinion of the Contractor, any instruction or direction issued by the COR is within one of the categories as defined in (i) through (iv) preceding, the Contractor shall not proceed but shall notify the Contracting Officer in writing within five (5) working days after the receipt of any such instruction or direction. Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate task order modification or advise the Contractor in writing that, in his/her opinion, the technical direction is within the scope of this article and does not constitute a change under the "Changes" clause of the contract. The Contractor shall thereupon proceed immediately with the directions given. A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to the contract clause entitled "Disputes".

Technical Exhibits:

EX 1: Map of survey locations on BLM and NAWSCL lands.

EX 2: General location map

1 EX 1

Performance Work Statement (PWS)

Survey locations

PWS Page 5

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Task 1 – Final Survey Report

For 2 unsatisfactory inspections, a 5% deduction from the invoice for that Period of Performance.

For 3 unsatisfactory inspections, a 10% deduction.

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