BO8_-_Performance_Work_Statement_-_BANWR_BAR_2022_Erosion_Contract.pdf

PWS PERFORMANCE WORK STATEMENT (PWS)

Burned Area Rehabilitation (BAR) Project on the Buenos Aires National Wildlife Refuge

Part 1 General Information

1. GENERAL: This is a personnel services contract to provide restoration work 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 rock detention erosion structure construction on the Buenos Aires National Wildlife Refuge (NWR) 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 contract.

ii Alt Awards: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools materials, supervision, and other items and non-personal services necessary to perform rock detention erosion structure construction within approximately 110 acres along Canoa Wash on the NWR 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 contract.

1.2 Background: The Buenos Aries NWR BAR Project describes treatments and activities for lands and wildlife affected by the Cumero Fire. The 3900-acre fire was responded to on July 10, 2018. The fire burned in grassland vegetation and was dissected by a major drainage system. In March of 2019 refuge personnel decided to move forward with a rehabilitation plan. The plan will include three major goals for rehabilitation. Those goals are erosion control, mesquite treatments and native plant installation. Historically the burned area had native plant diversity and species richness which is important for wildlife habitat and watershed function. These habitat types are important to for the reintroduction of Masked Bobwhite Quail. The project does experience heavy border traffic and is currently in an exceptional drought status. Future concerns include invasive species, livestock and continuing erosion and channels cutting. See the attached maps of the unit.

1.3 Objectives:

• Provide supervision and oversight for staging and installation of 10-15 erosion control structures.

• Assist in transport of construction materials along the wash to staging areas.

• Source downed woody debris for construction of brush mats and appropriate material staging.

• Installation of one rock dams, Zuni bowls, and other erosion control methods.

• Installation of vertical brush mats in deep headwall cuts.

• Use of hand tools and correct safety measures as necessary.

• Complete all the assigned workload for the day including cleanup and prep work for the following day.

• Ensure stability and efficacy of all structures before leaving for the day or to the next site.

1.4 Scope: The contractor should access the area only during daylight hours during times preapproved by refuge staff. If the areas are flooded, they will not be able to work on the project areas, to minimize the damage to the project area. Daily work assignments and schedules will be discussed by refuge staff and the contractor.

1.5 Period of Performance:

i Base Award: The period of performance for rock erosion control structures by hand shall be April 1st - September 30th, 2022. The project must not interfere with nesting seasons and monsoon seasons and must be fully completed by September 30th, 2022.

ii Alt Awards: The period of performance for rock erosion control structures by hand shall be April 1st – September 30th, 2022 and maintenance will continue through September 2022. The project must not interfere with nesting seasons and monsoon seasons. Full completion date/year of the Alt Awards is to be determined.

1.6 1.6 General Information Refuge roads will provide access to the BAR project site. All the erosion areas are located along the main channel of Canoa wash. Some sites are immediately adjacent to the road and other require traveling by foot. Options for site access and all environmental concerns will be addressed prior to planting.

1.6.1 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).

1.6.2 Recognized Holidays: The Contractor is not required to perform work on all federally recognized holidays.

Hours of Operation: The contractor is responsible for conducting business, between the hours of sunrise to sunset Monday through Friday 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.

1.6.3 Place of Performance: The work to be performed under this contract will be performed at Buenos Aires NWR. Refuge headquarters is approximately 60 miles SW of Tucson, Arizona, on a paved road. The project site is south of headquarters on the refuge and is accessible by a well-traveled dirt road. The nearest basic facilities are in Three-Points and all accommodations in Tucson. The refuge lies in a remote area immediately adjacent to the international border of Mexico and the United States and is fenced by barbed wire fence.

1.6.4 Type of Contract: The government will award a firm-fixed price.

1.6.5 1.6.7 Gate Locks: Project sites are located within publicly accessible area. Two locked gates are involved, and Refuge staff will have keys to the gates. The gates will be left open during the workday and closed upon departure.

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 Nathan Barrett 520-993-0229. 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 following personnel are considered key personnel by the government: Refuge Staff and the USFWS Fire Crew. 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. 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.

2.1.13. 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 Tasks:

The contractor shall remain in close contact with the FWS COR and Staff. Contactor is responsible to ensure all pertinent information is clearly understood.

Contractor will relay all the job task information the workforce prior to the first day of planting. Follow all protocol for the erosion control construction process. Meet daily with Refuge Staff to discuss the progress and plans for the following day. Assist in changes and modification to the plan and workday as needed. Perform all the objectives as listed in section 1.3. Adhere to the daily schedule. Follow all National Wildlife Rules and Regulations, including fire safety while on site.

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

Figure 1. Buenos Aires National Wildlife Refuge location.

Figure 2. Cumero Fire burn perimeter.

Figure 3. Cumero BAR project resource island locations. Erosion work will be adjacent to these islands.

Figure 4. Cumero project site location adjacent to Canoa Wash.

Figure 5. Additional erosion work site adjacent to BANWR Visitor Center.