CLEAR 30 Maintenance Performance Work Statement 20210723 version 2.0.pdf

Performance Work Statement (PWS)

Indefinite Task Indefinite Quantity Conservation Reserve Program

CLEAR 30 Pilot Program Government-Managed Conservation Activity Plan Maintenance Projects

1.0 Purpose:

The purpose of the indefinite delivery indefinite quantity performance work statement is to express the government’s requirements and performance work standards for the government-managed conservation maintenance activities for the Clean Lakes, Estuaries, and Rivers 30 (CLEAR 30) pilot program. The CLEAR 30 pilot program was introduced in the Agricultural Improvement Act of 2018 as a component of the Commodity Credit Corporation's (CCC) Conservation Reserve Program’s (CRP). The CLEAR 30 pilot program offers program participants and owners of expiring CRP contracts with water quality practices to be re-enrolled into 30-year contracts with the option of having a government-managed third-party vendor provide conservation activity plan directed maintenance to the acres under the CRP CLEAR 30 contract. Currently, the CRP CLEAR 30 pilot program is available in all counties and county equivalents nationwide, including U.S. territories and tribal lands.

2.0 Scope of Work:

To assist CLEAR 30 pilot program participants who have opted for the government to managed the conservation activity plan directed maintenance tasks of the CRP CLEAR 30 contract versus being paid to do so, and in coordination with the CRP CLEAR 30 pilot program participants, the United States Department of Agriculture’s Natural Resources Conservation Service (NRCS), and other key stakeholders relating to the specific CRP CLEAR 30 contract, the United States Department of Agriculture’s Farm Service Agency (FSA) will establish a nationwide multi-award indefinite delivery indefinite quantity (IDIQ) with third-party vendors (known as the Contractors) to undertake conservation activity plan maintenance of the CRP CLEAR 30 enrolled land to ensure the conservation practice performs according to the required standards outlined in the individual CRP CLEAR 30 contract and associated conservation activity plan. The Contractor will be expected to service task orders for CRP CLEAR 30 contracts conservation activity plan maintenance activities in all counties and county equivalents nationwide, including U.S.

territories and tribal lands.

Conservation activity plan maintenance tasks include, but is not limited to, activities to maintain the land’s compliance with its conservation practice as identified by NRCS.

Each task order on this IDIQ contract will be structured to meet the needs for the specific CRP CLEAR 30 contract covered. Where warranted, multiple CRP CLEAR 30 contracts may be addressed in a single task order.

In accordance to the requirements outlined in the task order requests that will contain key provisions of the CRP CLEAR 30 contract conservation activity plan addressing

Performance Work Statement conservation maintenance requirements, specific directions relative to the project not identified in the key provisions of the CRP CLEAR 30 contract conservation activity plan, related designs, and design criteria provided by the government as warranted, and other pertinent information for schedules, task order contacts, restrictions and limitations, location plot survey information, the conservation activity plan maintenance tasks may include, but not limited to, the following:

- Conduct specified conservation activity plan maintenance tasks to establish or re-establish land to a natural state needed to sustain the conservation practice.

- Conduct site preparation – soil tillage/fertilizer application/lime application.

- Conduct seeding/inter-seeding management activities – no-till or drilling/cultipacking

- Conduct managed chemical control of brush/herbaceous weeds.*

- Conduct tree/shrub planting.

- Conduct brush/bush hog mowing.

- Conduct spraying with hand sprayer or mechanized sprayer equipment.

- Conduct prescribed burning controlled burn of grass cover.

- Conduct maintenance of conservation structures such as grass waterway via grading/reshaping with excavator.

- Conduct tasks to re-establish and maintain damaged or destroyed conservation practices via grading/reshaping with excavator, replanting of conservation cover and practices such as contour buffer strips, herbaceous covers, riparian buffer strips, filter strips, grassed waterways, and tree or shrub cover planting.

- Conduct maintenance of installed structures such as fence/livestock crossing/water developments and facilities – repair of fence/grading and reapplication of stone or other material for livestock crossing/repair of well pumps or spring developments/repair of hydrants or water troughs.

- Conduct management activities to establish and maintain cover or habitat enhancements.

- Establish and maintain grassed waterway for non-easements.

- Establish and maintain permanent vegetative cover for contour grass strips, including contour grass strips on terraces.

- Establish and maintain filter strips, including, but not limited to, denitrifying bioreactor on filter strips.

- Establish and maintain saturated buffer and saturated filter strips.

- Establish and maintain riparian buffer.

- Establish and maintain riparian forest buffer, including denitrifying bioreactor on riparian buffers.

- Establish and maintain saturated buffer.

- Establish and maintain a saturated riparian buffer.

- Conduct wetland restoration in floodplain and non-floodplain zones.

- Establish and maintain riparian herbaceous buffer.

- Establish and maintain marginal pastureland wildlife habitat buffer

- Conduct wetland restoration to create marginal pastureland wetland buffer.

- Conduct tree/shrub planting to create bottomland timber establishment on wetlands.

- Conduct wetland restoration to create and maintain duck nesting habitat.

- Conduct adaptive management efforts as required (such as cutting of limbs that are impeding access of birds into nest boxes, replacing damaged fence markers, cleaning of nest structures and debris around other structures)

- Develop shallow micro-topographic features using light construction and farming equipment.

- Develop deep micro-topographic features with heavy equipment.

- Conduct disking or other efforts to temporarily reduce vigor of the grass component.

- Conduct interseeding of milkweed into existing habitat.

- Conduct mechanical weed control and vegetation termination.

Tasks relating to regulated activities such as chemical applications and controlled burns shall only be managed and performed by trained, experienced and certified personnel.

The Contractor shall provide all management, personnel, supplies, materials and equipment necessary to perform the CRP CLEAR 30 pilot program conservation maintenance tasks.

The Contractor is responsible for gaining and maintaining all relevant certificates, licenses, permits, and notices as required by federal, state and local laws and regulations throughout the IDIQ and task order periods of performance. The Contractor shall ensure operations do not impact or interfere with other resources and properties not covered by the task order.

3.0 Background:

The Agricultural Improvement Act of 2018, also known as the 2018 Farm Bill, created a pilot program, known as Clean Lakes, Estuaries, and Rivers 30 (CLEAR 30), on certain land devoted to specific practices which are limited to those that provide water quality protection by helping to reduce sediment loadings, nutrient loadings, and harmful algae blooms. This pilot program addresses land devoted conservation practices including grass sod waterway, contour grass sod strip, filter strip, riparian buffer, wetland or a wetland buffer, and wildlife habitat buffer.

See references:

CRP CLEAR 30 pilot program in the Federal Register:

https://www.federalregister.gov/documents/2019/12/06/2019-26268/conservation-reserve-program.

CRP CLEAR 30 FACT Sheet: https://www.fsa.usda.gov/Assets/USDA-FSA- Public/usdafiles/FactSheets/crp-clear30-pilot.pdf https://www.federalregister.gov/documents/2019/12/06/2019-26268/conservation-reserve-program https://www.federalregister.gov/documents/2019/12/06/2019-26268/conservation-reserve-program https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.fsa.usda.gov%2FAssets%2FUSDA-FSA-Public%2Fusdafiles%2FFactSheets%2Fcrp-clear30-pilot.pdf&data=04%7C01%7C%7Cd60a3bf6392548a9f5c308d94e03d92e%7Ced5b36e701ee4ebc867ee03cfa0d4697%7C0%7C0%7C637626600696597503%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=gm9h%2BP3hU1yurs2wPvJpGAPjKRsZJuUvcN74gptOBfg%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.fsa.usda.gov%2FAssets%2FUSDA-FSA-Public%2Fusdafiles%2FFactSheets%2Fcrp-clear30-pilot.pdf&data=04%7C01%7C%7Cd60a3bf6392548a9f5c308d94e03d92e%7Ced5b36e701ee4ebc867ee03cfa0d4697%7C0%7C0%7C637626600696597503%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=gm9h%2BP3hU1yurs2wPvJpGAPjKRsZJuUvcN74gptOBfg%3D&reserved=0

CRP Notice announcing FY2021 CRP CLEAR 30:

https://www.fsa.usda.gov/Internet/FSA_Notice/crp_934.pdf

4.0 Period and Place of Performance:

4.1 Period of Performance: This Indefinite Task/Indefinite Quantity (IDIQ) contract will cover 60 months from the date of award.

4.2 Each IDIQ task order will specify the period of performance for the specific project, not to exceed the period of performance of the IDIQ. Multiple CRP CLEAR 30 contracted project sites may be included on a single task order as warranted.

4.3 Place of Performance: The work outlined in the task order will be performed at the CRP CLEAR 30 contracted project sites located throughout the United States in counties and county equivalents, territories, and tribal lands. Information to identify the specific project sites will be provided in the task order request packet.

5.0 Task Order Requirements:

Each task order issued on this IDIQ will require the Contractor to do the following:

5.1 Upon receipt of the task order requirement, the Contractor will be allowed up to 10 working days to provide the designated Contracting Officer or Contracting Officer’s Representative a complete project plan to include, but not limited to, a detailed description of the Contractor’s project plan to address the task order requirements, explanation on use of any qualified subcontractors, listing of all permits required, stakeholder coordination processes, communications plan, detailed schedules, quality control plan, details on specific equipment, materials and supplies intended to be used, detailed designs and materials needed for infrastructure repairs and installation not specified by the government, Contractor’s project managers and other relevant personnel contact information, and a detailed cost estimate. A no-cost site visit and inspection is authorized as necessary to develop the Contractor’s project plan. The Contractor must clearly identify and justify all cost elements that exceed the NRCS’s annual conservation activity payment schedule 2021 State Payment Schedules | NRCS (usda.gov). Any cost element that exceeds the NRCS annual conservation activity payment schedule must be approved by the Contracting Officer and validated by the FSA task order project manager prior to executing the Contractor’s project plan.

5.2 Contractor shall document all relevant interactions with CRP CLEAR 30 participants, other stakeholders, NRCS or Technical Service Providers (TSPs) inspectors, and other pertinent personnel. The Contractor will document any and all customer dissatisfaction reports and negative findings concerning the result of work performed. The Contractor shall resolve any dissatisfaction issues within scope of the task order and the IDIQ within 10 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.fsa.usda.gov%2FInternet%2FFSA_Notice%2Fcrp_934.pdf&data=04%7C01%7C%7Cd60a3bf6392548a9f5c308d94e03d92e%7Ced5b36e701ee4ebc867ee03cfa0d4697%7C0%7C0%7C637626600696607458%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=E8TMNJGl4S2SbHXT4ESTvb3L4sSyhh57JyFJh2XAFiw%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.nrcs.usda.gov%2Fwps%2Fportal%2Fnrcs%2Fdetail%2Fnational%2Fprograms%2Ffinancial%2F%3Fcid%3Dnrcseprd1328426&data=04%7C01%7C%7Cd60a3bf6392548a9f5c308d94e03d92e%7Ced5b36e701ee4ebc867ee03cfa0d4697%7C0%7C0%7C637626600696587545%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=BYrLXK%2BDxlZGIfZg8mHgEv1eyBEQzu5AKIOB%2FKZLHow%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.nrcs.usda.gov%2Fwps%2Fportal%2Fnrcs%2Fdetail%2Fnational%2Fprograms%2Ffinancial%2F%3Fcid%3Dnrcseprd1328426&data=04%7C01%7C%7Cd60a3bf6392548a9f5c308d94e03d92e%7Ced5b36e701ee4ebc867ee03cfa0d4697%7C0%7C0%7C637626600696587545%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=BYrLXK%2BDxlZGIfZg8mHgEv1eyBEQzu5AKIOB%2FKZLHow%3D&reserved=0 working days of the report, or as approved by the Contracting Officer’s Representative and the FSA task order project manager at no cost to the government. The Contractor shall develop and submit a mitigation plan to address findings that are determined to be out-of-scope to the task order’s Contracting Officer or Contracting Officer’s Representative prior to taking any specific actions. The Contracting Officer or Contracting Officer’s Representative, in coordination with the FSA task order project manager, the NRCS or TSP inspectors, key stakeholders, CRP CLEAR 30 contract participants, shall review and consider for approval all out-of-scope mitigation plans prior to the Contractor taking action. The Contractor must identify and justify any cost increase to the task order as a result of the out-of-scope mitigation work performed prior to taking action to mitigate the issues.

5.3 The Contractor shall provide the government a detailed estimated schedule with milestones to complete service. The Contractor shall also identify possible impediments and risks to the timeframe presented. The Contractor shall present the detailed schedule and risk factors as a component of the detailed project plan. The Contractor will provide regular status reports on a frequency and in a format identified in the specific task order request.

6.0 Deliverables/Schedule:

6.1 Specific deliverables and schedule requirements will be identified in the individual task order requests.

6.2 The Contractor must document the maintenance work activities to ensure that the CRP CLEAR 30 participant, NRCS or TSP inspectors, and FSA can identify that the work has been completed and meets NRCS standards and specifications, as outlined in the NRCS Electronic Field Office Technical Guide https://efotg.sc.egov.usda.gov/#/.

6.3 The Contractor shall be responsible for monitoring the performance of all Contractor employees and subcontractors to ensure the project is completed to standards.

Item No. Deliverables Objective Due

Proposed Detailed Project Plan

Defining the responsibilities, equipment, supplies, materials, risks, and scheduling of conservation activity plan maintenance tasks.

No later than 10 business days after task order has been accepted.

Timely status reporting of maintenance activity delays

Report documenting delay of maintenance activities.

When delays become apparent

3 Project Progress Reports

The Contractor shall report what has been accomplished and risks to completing the project in

The frequency and format for the progress reports will be identified in the task order https://efotg.sc.egov.usda.gov/#/

The Contracting Officer or the Contracting Officer’s Representative reserves the right to review all work products required under the contract for acceptability as warranted. USDA shall notify the Contractor when modifications to reports and deliverables are required.

7.0 Communication Plan:

7.1 The Contractor shall develop a communications plan to coordinate activities with the CRP CLEAR 30 pilot program participant. The Contractor’s project plan must include the means and timeline to provide the CRP CLEAR 30 pilot program participant with preliminary dates when maintenance will be performed and at least a 1-week notice before the actual start date of performing maintenance on the CRP CLEAR 30 contract acreage.

accordance to the approved project plan.

request. As directed in the task order request packet, the Contractor shall provide a project progress report to the assigned Contracting Officer’s Representative, FSA task order project manager, and the

FSA CRP CLEAR 30

Program Manager.

4 Program Reviews

USDA IDIQ performance review at mid-year.

The FSA CRP CLEAR 30 Program Manager will conduct a performance review of all IDIQs and subordinate task orders on a semi-annual basis. Dates and format for the review will be identified in the task order request. Contractor shall provide a status of the IDIQ contract and a project status report on all active project plan progress to the FSA task order project manager in support of the semi-annual performance review. Discrepancies or other issues identified during the semi-annual review process must be mitigated and resolved by the identified responsible agent within 30 business days of the performance review report.

7.2 The Contractor shall develop a communications plan and practice to coordinate with the CRP Clear 30 participant, the FSA task order project manager, Contracting Officer’s Representative and the FSA CRP CLEAR 30 Program Manager to develop an agreeable method to communicate and conduct business. Communication methods may include phone calls, emails, text messages, etc. All electronic communications between the Contractor and the CRP Clear 30 participant must be shared with the FSA task order project manager and the Contracting Officer’s Representative. All electronic communications must clearly identify the parties addressed in the communications, the CRP CLEAR 30 IDIQ number, and the task order information.

7.3 The assigned FSA task order project manager shall be kept informed of the ongoing work progress, especially if problems occur. The Contractor shall have policies or guidelines in place to keep the line of communication available and open with FSA.

8.0 General State and Federal Regulations:

8.1 All Contractors and subcontractors must comply with appropriate state and federal guidelines when performing conservation activity plan maintenance activities.

8.2 The Contractor shall have appropriate licenses, or an employee or subcontractor with the appropriate licenses, to apply herbicide and conduct other regulated tasks and activities.

Other license, permit, and notice requirements must be met for specific practices, as applicable.

8.3 The Contractor must provide the list of states, counties, county equivalent, territories, tribal lands in which they are appropriately licensed for the regulated tasks outlined in the task order requests. If they are not licensed, then they must provide assurance they can become licensed prior to the start of the work and provide a copy of the obtained license(s) to the Contracting Officer’s Representative or the FSA task order project manager prior to the start of the work.

9.0 Insurance Coverage:

The Contractor shall be appropriately insured for liability to cover damages to people, land or equipment, caused by their employees or subcontractors prior to award of the IDIQ.

10.0 Confidentiality:

10.1 Activities performed under this award may involve access to confidential and potentially sensitive information about governmental and landowner issues. The confidential information may include proprietary information or data of a personal nature about an individual, or information or data submitted by or pertaining to an organization. This information shall not be disclosed to others without prior expressed written consent of FSA.

10.2 The Contractor’s personnel, including subcontractors, shall follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. Section 552a, and policies with respect to systems of records determined to be subject to the Privacy Act. The Contractor’s personnel, including subcontractors, must also comply with privacy of personal information relating to natural resource conservation programs in accordance with section 1244 of Title II of the Farm Security and Rural Investment Act of 2002 (Public Law 107- 171).

10.3 The Contractor shall agree to comply with FSA guidelines and requirements regarding the disclosure of information protected under Section 1619 of the Food, Conservation and Energy Act of 2009 (PL 110-246), U.S.C. 8791.

10.4 The Contractor shall agree to comply with the “Prohibition Against Certain Internal Confidentiality Agreements.”

10.4.1 The Contractor may not require employees, contractors, or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

10.4.2 The Contractor shall notify employees, contractors, or subcontractor that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with this award provision are no longer in effect.

10.4.3 The prohibition of this award provision does not contravene requirements applicable to any other form issued by a Federal department or agency governing the nondisclosure of confidential information.

10.4.4 If FSA or NRCS and TSP inspectors determine that the Contractor is not in compliance with this award provision or task order provisions, FSA may prohibit the use of funds under this award, in accordance with sections 743 and 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of pursue other remedies available for the Contractor’s material failure to comply with award terms and conditions.

11.0 Operating Constraints:

11.1 The specific CRP CLEAR 30 contract, site, state and local-level permitting and requirements, and activities outlined in the specific CRP CLEAR 30 contract conservation activity plan will determine the specific operating constraints. The operating constraints will be identified in the task order request. All known operating constraints shall be acknowledged and considered in development of the Contractor’s project plan.

11.2 All CRP CLEAR 30 contract conservation activity plan maintenance tasks must abide and comply with laws and regulations governing primary nesting season. Please reference link: https://www.fsa.usda.gov/Assets/USDA-FSA- Public/usdafiles/Conservation/PDF/primary-nesting-season.pdf

12.0 Quality Control

The contractor shall implement and maintain a Quality Control Plan (QCP) to ensure work performed conforms to the task order and IDIQ scope of work and meets the requirement under this performance work statement. The QCP shall, at a minimum, provide a method for performing inspections; identifying, correcting and preventing problems/defective service;

addressing stakeholder complaints, and improving quality of services over the life of the contract.

13.0 Quality Assurance

13.1. The Government reserves the right to perform inspections and surveillance to evaluate the Contractor’s compliance to the contract terms and performance of the requirements in accordance to standards outlined in the task order and the IDIQ performance work statement.

13.2. Contract Discrepancy Report (CDR). In the event of unsatisfactory contractor performance, the Contracting Officer’s Representative or Contracting Officer will issue a CDR that will explain the circumstances and findings concerning the incomplete or unsatisfactory service. The contractor shall acknowledge receipt of the CDR and respond in writing as to how he/she shall correct the unacceptable performance and avoid a recurrence.

The government will review the contractor's corrective action response to determine acceptability and will use any completed CDR as part of an overall evaluation of Contractor performance when determining present or future contractual actions.

14.0 Performance Requirement Summary (PRS)

14.1 Purpose. The PRS lists performance objectives for the required services the Government will surveil. The absence of any contract requirement from the PRS shall not detract from its enforceability nor limit the rights or remedies of the government under any other provision of the contract including the clauses entitled “Inspection of Services” or “Inspection” or “Default” in Section E and Section I of the contract.

14.2 Components. The PRS states the performance objective (required service), and threshold (performance standard, accept and reject points (if applicable)) in either a qualitative or quantitative fashion for each critical success factor.

https://www.fsa.usda.gov/Assets/USDA-FSA-Public/usdafiles/Conservation/PDF/primary-nesting-season.pdf https://www.fsa.usda.gov/Assets/USDA-FSA-Public/usdafiles/Conservation/PDF/primary-nesting-season.pdf

Performance Objective

PWS

paragraph

Performance Standard/Acceptable Quality Level

Develop and submit all required deliverables as identified in this IDIQ contract and subsequent task order requests

6.0 Performance is acceptable when:

a) 100% of deliverables requirements are met and received on time

b) Critical information is determined to complete and accurate.

Complete all conservation activity plan maintenance tasks as identified in the task order request

6.0 Performance is acceptable when:

a) NRCS or TSP inspectors provide an inspection report on the ongoing or finished project with no discrepancies or major issues that cannot be resolved via a government-approved mitigation plan.

b) No outstanding issues exist relative to the CRP CLEAR 30 contract conservation activity plan that cannot be resolved via a government-approved mitigation plan.

c) No outstanding issues exist relative to the CRP CLEAR 30 participant, key stakeholders, NRCS or TSP inspectors, FSA task order project manager, FSA CRP CLEAR 30 Program Manager that cannot be resolved via a government-approved mitigation plan.

Contractor provides timely and accurate IDIQ and task order project status reports

6.0 Performance is acceptable when:

a) 100% of deliverables requirements are met and received on time

b) Critical information is determined to complete and accurate.