Draft PWS 20260203 V4 20154537.docx

Performance Work Statement Integrated Vegetation Management for Carrizo Cane Eradication Across Texas

1.0 INTRODUCTION

This PWS identifies the types of related technical services and activities that may be requested and are to be furnished in support of the Department of Homeland Security (DHS) U.S. Customs and Border Patrol (CBP) missions pertaining to Border Security along the southern International Boundary in Texas. Provided in Section 3.0, Scope, are the types of integrated vegetation management services that may be performed or worked on under C type contract.

2.0 BACKGROUND

The Department of Homeland Security (DHS) and United States (U.S.) Customs and Border Protection (CBP) propose to treat up to 1,951 miles of invasive vegetation species along the Texas southern international boundary within the United States of America to support U.S. Border Patrol (USBP) operations and prevent the spread of invasive species.

Integrated vegetation management treatments may include manual, mechanical, and/or chemical treatments of invasive species. The vegetation treatments would prove effective in preventing the spread of invasive species and provide safety features, specifically line of sight opportunities, to USBP agents.

3.0 SCOPE OF WORK

The services in this contract are designed to provide for integrated vegetation management, including eradication of Carrizo Cane, through manual, mechanical, chemical, soil stabilization, and related services. Task orders issued under the contract may require vegetation manipulation, treatment, removal, and planting in compliance with its terms, specifications and provisions. Services conducted under the task orders shall include furnishing all labor, supervision, transportation, operating supplies, and incidentals to perform all work necessary to conduct vegetation management. The category of support included in this contract is integrated vegetation management. Listed below are the vegetation management available under this contract. The Technical Requirements of the Contract and the associated treatment types and measures of success are included in Appendix A.

4.0 PERIOD OF PERFORMANCE AND LOCATION OF PROJECTS

Work shall be performed within the Rio Grande Valley along the Southern Texas Border as outlined in the geographic map-Attachment 1. The specific location of individual projects shall be provided with each Task Order.

The Period of Performance for this contract shall be for one (1) 12-month Base Year and three (3) 12-month Option Years. The PoP is defined as follows:

· Base Year: Twelve (12) months commencing on the date of contract award.

· Option Year I: Twelve (12) months (if exercised by the Government).

· Option Year II: Twelve (12) months (if exercised by the Government).

· Option Year III: Twelve (12) months (if exercised by the Government)

5.0 BOUNDARIES OF PROJECT AREAS

The project areas are generally identifiable by changes in vegetation, roads, paint, flagging, or through geographical information systems (GIS) data. Work would require the Contractor to have global positioning system (GPS) capabilities in order to identify treatment areas and/or project boundaries. The Government shall provide shape files or track logs electronically (via email or at the pre-work meeting) to the Contractor which shall identify treatment unit boundaries and treatment islands with the project area boundary. It is the responsibility of the Contractor to upload the shape files to the GPS equipment and provide any technical support for problems with the Contractor’s equipment.

6.0 ACCESS TO PROJECT AREAS

Access is by all-weather (FC-2) and seasonal roads (FC-3). Task orders shall state access distance to the project area. Task order pricing submission shall include access distance to the individual project area. Contractor shall use the appropriate government rates as posted on GSA located at the following link Mileage Reimbursement rate. Seasonal roads may be impassable for several days after weather events. Contractors accessing project areas via private land shall obtain permission through the CBP/PMOD technical project lead or COR to travel over private lands before proceeding to start work on any project unit accessed through private land.

Road Gates - Some project units are beyond locked gates that may require a key for access. Based on direction from the CBP/PMOD project lead or COR, the Contractor for each project unit may be required to lock gates with locks immediately after entry or exit. If government provided keys need to be issued to the Contractor for access, Form DI-105, Receipt for Property, will be signed by the Contractor at the responsible land management office. The contractor is responsible for replacement costs for lost keys or locks.

Sequence of Work - The sequence of work will be determined by the COR at the pre-work conference and may be subject to change. Certain project units may be designated as higher priority units, which shall require an earlier completion than other contract units on a specific task order.

7.0 UNIQUE FEATURES OF PROJECT AREAS

Wildlife trees and snags may be present within the project sites. Research plots, cultural sites, threatened and endangered species locations, and other similar areas of concern may be located within the project sites and cannot be disturbed during project activities. These areas shall be identified on task order maps and in the field by the Government.

8.0 FIRE PREVENTION AND LIABILITY

The Contractor may be held liable for all operator fire starts under the specific task order. State and local fire prevention laws may exist and must be followed by the Contractor unless written direction is provided by the Contracting Officer. The Task Order may have additional site-specific prevention stipulations.

All contracts shall at a minimum require:

8.1 Operate all internal and external combustion engines on federally managed lands pursuant to36 CFR 261.52 (Attachment 5), which requires all such engines to be equipped with a qualified spark arrester that is maintained and not modified.

8.2 Carry shovels, water, and fire extinguishers on all equipment and vehicles. Fire extinguishers that are rated at a minimum as ABC - 10 pound, shall be on all equipment and vehicles.

8.3 Have means of communication with the Contracting Officer Representative (COR).

8.4 Initiate fire suppression actions in the work area to prevent fire spread to or on federally administered lands.

8.5 Notify the appropriate dispatch center or 911 immediately of the location and status of any unplanned ignition.

8.6 Notify the PM, COR and Contracting Officer immediately of the incident

9.0 CONTRACTOR FURNISHED PROPERTY AND SERVICES

Unless otherwise specified herein, the Contractor shall provide all labor, transportation, materials, and equipment necessary to perform the work as described in the PWS.

Crew Requirements: The Contractor shall maintain an adequate work force at all times to ensure timely completion of the work.

At the pre-work conference, the Contractor shall designate one English-speaking supervisor, who is knowledgeable and experienced in the required work, for each crew. Any changes in supervisory designations must be submitted in writing to the COR at least 24 hours prior to the change taking effect.

The person designated by the Contractor as supervisor must actually perform in that capacity. The supervisor must, therefore, effectively direct the crew by making periodic inspections of the crews' work and advising them of any discrepancies found in the work that deviate from the specifications and by providing instructions for correcting any improper work. Any group of people without such an individual will not be considered a crew.

The designated supervisor shall be present at the work site each workday. If the supervisor is not present, the crew will not be permitted to work.

The supervisor shall know the requirements of the contract including technical requirements and unit locations. The COR or any Government representative will not act as a supervisor to the crew.

Equipment Requirements: Equipment shall be furnished fully operational designed to meet federal, state, and local safety regulations and operated by a competent, fully qualified operator.

Warning Signs: Contractor shall furnish 2 warning signs to be placed on the roadside prior to entrance to work areas. Signs shall be a minimum of 3 feet by 3 feet in dimension and shall warn of specific safety hazards, such as flying debris, falling trees, or heavy equipment.

10.0 SECURITY OF MATERIALS

The Contractor may leave its equipment and Government-furnished property at the work site. The Contractor shall be responsible for the Contractor's equipment and Government-furnished property if it should be lost, stolen or damaged.

11.0 SUPERVISOR

A working (English literate) supervisor, who is knowledgeable and experienced in the required work and supervision, shall be provided for each crew and is required to stay with the crew while work is in progress, If the crew is non-English speaking, the supervisor must be bi-lingual in English and the language of the crew members.

12.0 PERSONAL PROTECTIVE EQUIPMENT (PPE)

The Contractor shall furnish personal protective equipment (PPE) to crew members respective of the type of work being completed (i.e. hard hat, eye and hearing protection, leather gloves, saw chaps, etc. for chainsaw work).

The contractor shall train workers in the safe operation and use of equipment that they will be using to accomplish the work under this contract. Occupation Safety & Health Administration (OSHA) standards PPE shall be followed; information can be found at OSHA PPE Standards.

PPE, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

Defective or damaged PPE shall not be used and shall be either repaired or replaced.

13.0 GLOBAL POSITIONING SYSTEM (GPS)

GPS equipment may be required for this contract; equipment must have an accuracy of +/- 10 meters and be capable of accepting/uploading shape files or track logs.

14.0 GOVERNMENT-FURNISHED PROPERTY (GFP)

The Government shall furnish equipment (GFE) and government furnished supplies (GFS) as appropriate with each Task Order. Examples of GFE may include Threatened and Endangered Species information, cultural survey information, reporting formats, maps, photos, chains and appropriate appurtenances, government keys, rock material, seed mix, and tree seedling.

All Government furnished equipment and supplies, hereinafter referred to as Government-furnished property (GFP), shall be picked up by the Contractor at the location designated in the Task Order for supplies and signed for on Receipt for Property Form (DI-105) or Report of Transfer or Other Disposition or Construction of Property Form (AD-107) by the Contractor or Contractor's authorized representative. The Contractor shall return all GFP within 24 hours from final acceptance of project completion. At time of return, the Contractor shall furnish the COR with an inventory of property being returned. The Contractor shall be responsible for any shortages or damage of to GFP.

15.0 SAFETY PLAN

The Contractor shall provide a copy of their safety plan at the pre-work meeting. The Safety Plan shall be available to all employees and subcontractors working on the contract and subsequent task orders. The Safety Plan should cover at a minimum:

A. Safety briefings covering the area working in, equipment being used, and any special considerations for the work under the contract.

B. Personal Protective Equipment required for the work under the contract.

C. Appropriate OSHA requirements for the type of work under the contract.

D. Weather considerations for the time of year of the contract.

E. Communication issues and locations of the nearest medical facilities to the job site.

F. Emergency numbers to contact if an accident happens.

16.0 WORK PLAN

The Government will request a work plan to be submitted with the price proposal. The Government shall furnish the Contractor with a written request that shall include all documentation necessary for the Contractor to prepare a work plan for the individual requirement. Work plan requests, if needed, shall be specific to the requirement.

The work plan is the Contractor's overall estimate for the completion of the requirement and shall include the following:

16.1.1 Date of commencement of work and any necessary revision to the Government's requested schedule of performance.

16.1.2 In the event certain items and/or services are required and are not contained or priced in the contract schedule, the Contractor shall immediately contact the Contracting Officer for appropriate guidance.

The Contractor's Work Plan is subject to review by the government technical lead and COR. After a Task Order is issued, if any revision due to scope change becomes necessary, the Contractor shall promptly submit a revision to the Work Plan and any impacts on price, along with explanatory notes, to the COR. Any changes that could impact contract scope or price must receive prior approved by the Contracting Officer. Revised work plans submitted by the Contractor are subject to review and approval by the Contracting Officer.

17.0 QUALITY CONTROL PLAN/INSPECTION

The contractor shall establish and maintain a complete Quality Control Plan acceptable to the Government to ensure the requirements of the contract are provided as specified. The Government shall inspect completed units as a basis for acceptance and payments, and to provide recommendations to improve work quality while work is in progress. The Contractor is responsible for providing quality control to assure that work complies with requirements of contract specifications.

All work included in the contract specifications shall be subject to inspections by the Government at periodic intervals during the performance of this contract. The Government will inspect units within 14 calendar days of receipt of the Contractor’s request for inspection, unless weather limits access, site is covered in snow, or some other act of god prevents a quality inspection. Treatment inspections are for the sole benefit of the Government and shall not release the Contractor of the responsibility of providing quality control measures to assure that the work strictly complies with the contract requirements.

Inspections shall be made on a series of 1/40th acre (18.625 feet radius), or as specified in each Task Order, plots located at predetermined intervals across each work unit. Sufficient plots shall be taken to obtain at least one percent sample the work unit.

Each inspection plot shall be subdivided into four quadrants based on cardinal directions. Each quadrant shall be evaluated for compliance with all contract specifications as stated in Section C that pertain to that individual treatment. If two or more quadrants fail to comply, the plot shall fail and retreatment at the contractor’s expense would occur.

17.1.1 WORK QUALITY PERCENTAGE

Work quality percentages are derived from data developed from inspection plots. The total number of satisfactory plots divided by the number of plots inspected determines the quality rate. This rate multiplied by 100 provides the work quality percentage.

Example: Number of plots inspected 25 Number of satisfactory plots 23 23 divided by 25 .92 Work Quality Percentage 92 percent

17.1.2 ACCEPTABLE QUALITY LEVEL

Acceptance of work shall be based on compliance with all Schedule B Specific Tasks that correspond to the treatment. A minimum basic quality of 90 percent is required. Work quality percentage of 100% for the following items shall be required to pass inspection.

17.1.3 UNSATISFACTORY WORK

If the work quality falls below 90 percent, the COR shall immediately notify the CO and the Contractor in writing. The CO, COR and Contractor shall meet and discuss the unsatisfactory work and how to resolve any issues to bring the work back to an acceptable level.

17.1.4 PERFORMANCE TIME

In the event that work is performed that is contrary to the requirements in the Task Order, the Government is not liable for costs incurred by the Contractor during negligent performance that is without the fault or negligence of the Government.

18.0 WORK HOURS

The performance period established for this contract and task orders issued from the contract are based upon all work being conducted during regular working hours. Regular working hours are limited to the time between one-half hour before sunrise to one-half hour after sunset each day, 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 Representative in sufficient time to allow satisfactory arrangements to be made by the Government for access to the work site and inspection.

19.0 HOLIDAYS

The contractor shall not be required to work during designated shutdown periods. Holidays observed by the contractor shall include all legal holidays observed by the Government. These holidays are: New Year's Day, Martin Luther King Day, Columbus Day, President's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Christmas Day, Juneteenth, and any Federal Holiday Established by Executive Order.

20.0 PRESERVATION OF HISORICAL AND ARCHEOLOGICAL DATA

The Historic and Archeological Data Preservation Act of 1974, provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or programs.

If, in connection with operations under this contract, the Contractor, subcontractors, or employees discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the COR and Contracting Officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed.

Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.

The Contractor shall be responsible for protecting the cultural resources within the affected area from damage. In addition, the contractor shall be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The Contractor shall immediately notify the Contracting Officer or his/her representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed. Actions taken under this paragraph shall be subject to the FAR 52.242-15 Stop-Work Order.

21.0 KEY PERSONNEL, SUBCONTRACTORS AND OUTSIDE ASSOCIATES OR CONSULTANTS

The contractor and key personnel identified in the awarded contract must remain fixed for the duration of the contract unless a change request is submitted in writing to the CBP Contracting Officer and upon authorization by the CBP Contracting Officer of such change. A request for change of key personnel, subcontractors, and outside associates or consultants must be made within fifteen working days to the Contracting Officer, prior to the change taking effect.

Individual names shall be included in the resultant contract through incorporation of the Contractor’s proposal. Revisions in accordance with the provisions of this clause shall be made by superseding letters.

During the first year of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, termination of employment, or otherwise approved by the CBP Contracting Officer. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide information required by this section.

After the initial year, the Contractor shall submit the information required by this section to the CBP Contracting Officer at least 15 calendar days prior to making any permanent substitution. The Contractor shall provide an explanation of the circumstances necessitating the proposed substitution, complete resumes for the proposed substitutes, and any additional information requested by the CBP Contracting Officer.

Proposed substitutions should have comparable qualifications to those of the persons being replaced. The CBP Contracting Officer shall notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The key listing of personnel shall be modified by superseding letters.

22.0 WORK BY THE GOVERNMENT

The Government reserves the right to undertake performance by Government forces or other Contractors, the same type of similar work as contracted for herein, as the Government deems necessary or desirable, and to do so will not breach or otherwise violate this contract.

23.0 OTHER CONTRACTS

The Government may undertake work with its own forces or award other contracts for additional work, and the Contractor shall fully cooperate with such other Contractors and Government employees and carefully fit its own work to such additional work as may be directed by the Contracting Officer. The Contractor shall not commit or permit any act, which shall interfere with the performance of work by any other Contractor or by Government employees.

24.0 EXTENT OF OBLIGATION

The Government obligation for performance of this contract beyond the award price is contingent upon the availability of funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the amount that has been authorized through the issuance of a contract modification or change order by the Contracting Officer.

The Contractor(s) shall incur costs under this contract only in the performance of Task Orders and modifications to Task Orders issued in accordance with these ordering procedures. The price stated in the Task Order shall be considered the maximum allowable expenditure for the designated order. No other costs are authorized without the express prior written consent of the Contracting Officer. The funded amount is stated as the “Total.”

25.0 CONTRACT PRICE REDUCTION

Due to the multiple award nature of this acquisition, Contractors may deem it appropriate to offer price reductions due to market conditions, magnitude of work, or other factors when competing for orders under this contract; however, unit prices in the basic contract may not be exceeded at any time. The Contractor may, at any time during the life of the contract, reduce the fixed unit price of item(s) included in the contract. Any price reduction for the remainder of the life of the contract shall be incorporated into the contract by modification. The Contractor may reduce the fixed unit price(s) of item(s) included in the contract on a one-time basis for a specific delivery order, for a set period of time for orders placed during that time, or in any other manner consistent with commercial practice.

26.0 INDEMNIFICATION

The Contractor shall defend, indemnify, and hold harmless to the full extent permitted by law the United States Government and its employees and agents from and against any and all claims, damages, demands, suits, actions, judgments, liabilities, defaults, or costs and expenses, including court costs and attorney fees (all of which shall collectively be referred to herein as the "Liabilities"), including without limitation any claims or proceedings relating to any hazardous wastes or toxic substances present on each site or location, or involving any violation of, or any liability under the Resource Conservation and Recovery Act ("RCRA"), the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), the Occupational Safety and Health Act or any other federal, state, or local environmental statutes or any amendment thereto, extension thereof, or regulations there under, arising out of the Contractor's negligent performance and/or willful misconduct hereunder.

Notwithstanding any other provisions herein to the contrary, the Contractor shall not be obligated to indemnify the United States Government and its employees and agents for liabilities caused by the U.S. Government’s negligent acts or omissions. Contractor's and Government's obligations under this clause shall survive any expiration or termination of this contract or the period of performance hereunder for a period of five years from the date of expiration or termination or completion of the last performance date of any Task Order issued under this contract. The contents of this clause shall flow down to all sub-Contractors.

27.0 32.0 HEALTH AND SAFETY

The nature of the work to be performed under this contract may involve inherently hazardous situations.

28.0 CONTRACTOR TEAM ARRANGEMENT

Small businesses contractors may team with other small business contractors in order to meet the requirements needed by CBP. The small businesses must be registered in SAM and the proposal shall include the UEI number and team members. All teaming arrangements must be included in the proposal submission and will be incorporated with the terms and conditions of the resultant contract.

29.0 CONTRACTOR SUBCONTRACTING

Small business contractors may subcontract in order to meet the hazardous fuel requirements needed by CBP under the contract. Per FAR 52.219-14 Limitations on Subcontracting shall be followed. The proposal shall list all subcontractors and include the subcontractor’s pertinent information to include: UEI number, team members and experience. Subcontractors must be registered in SAM. The subcontracting arrangement shall in incorporated into the terms and conditions of the resultant contract.

30.0 UNDOCUMENTED WORKERS

This contract involves the employment of unskilled labor working under arduous field conditions. Such employment may be attractive to persons coming from foreign countries, sometimes illegally. Offerors are reminded that it is a crime to bring into the United States, transport within the United States, and to harbor aliens who do not have a proper visa for entry and working in this country (8 U.S.C. § 1323-1325). If violations are suspected by the COR during the performance of work on this (these) project(s) they shall be reported to the U.S. Immigration and Naturalization Service for investigation and appropriate action. Conviction of the Contractor for commission of a criminal offense referred to herein shall be deemed sufficient cause for default and the initiation of debarment or suspension proceedings to prevent the Contractor from receiving future Government contracts.

31.0 GOVERNMENT FURNISHED PROPERTY AND DATA

The Government is not obligated to furnish any real or personal property or data under this contract, unless specified otherwise in this contract, and the Contractor is not authorized to acquire any real or personal property or data at the Government's expense under this contract unless specifically stated otherwise in this contract.

32.0 RESPONSIBILITY FOR GOVERNMENT PROPERTY

The Contractor assumes full responsibility for and shall compensate the Government for any and all loss or damages of whatsoever kind and nature to any and all Government property, including any equipment, supplies, accessories or part furnished, while in his custody and care for storage, repairs or service to be performed under the terms of this contract, resulting in whole or in part from the negligent act or omissions of Contractor, any sub-Contractor or any employee agent or representative of Contractor or sub-Contractor.

33.0 SITE CLEAN UP OF RESOURCES

CLEANUP - The Contractor is responsible for cleaning up all camp and worksites before leaving the area. Final payment may be withheld until the Contractor has complied with this requirement.

ACCESS ROADS - Public or private access roads damaged by the Contractor shall be restored, at his expense, to the same condition they were in at the commencement of work.

34.0 CONTRACTOR REPRESENTATIVE/USE OF ENGLISH LANGUAGE

The Contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who act for the contractor when the Contractor is absent shall be designated in writing to the Contracting Officer. The Contractor representative or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contractor representative and alternate(s) must be able to read, write, speak, and understand English without use of a translator. Under no circumstances shall any documents, Task Orders Statement of Work, Work Schedules, Contractor submittals, Contractor plans, etc., be translated. All documentation shall be submitted in the English language.

35.0 CONTRACTING OFFICER’S REPRESENTATIVES (COR)

ON-SITE COR/QAQC - COR’s will be appointed by the Responsible Contracting Officer upon issuance of this contract and for each subsequent Task order that may be issued. On-Site COR’s (when available) will be responsible for giving the Contractor any special instructions or guidance necessary to complete performance as required by the contract. The COR does not have the authority to modify or in any way amend the terms of this contract.

OFF-SITE COR - An Off-Site COR may be appointed by the Responsible Contracting Officer at the time the Task Order issuance. The Off-Site COR will be responsible for coordinating between the Sectors or other agency offices issuing the Task Order. The Off-Site COR shall also be responsible for scheduling the contract operations. If there are any problems and/or questions between the on-site COR and the Contractor, one or both will contact the off-site COR and CO.

36.0 TECHNICAL DIRECTION

Technical direction must be within the scope of work stated in the contract and resultant task order, and approved Site Plan. The COR does not have the authority to, and may not, issue any technical direction which:

A. Constitutes an assignment of additional work outside the PWS;

B. Constitutes a change as defined in contract clause FAR 52.212-4 (c);

C. Causes an increase or decrease in the total price or the time required for contract performance;

D. Changes any of the expressed terms, conditions or specifications of the contract; or E. Interferes with the Contractor's right to perform the terms and conditions of the contract.

The term "technical direction" is defined to include:

A. Directions to the Contractor which redirect the contract effort, shifts work emphasis between work areas or tasks, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the contractual PWS.

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

C. Review, and where required by the contract, approval of technical reports, drawings, specifications and technical information to be delivered by the Contractor to the Government under the contract.

Technical directions can be issued in writing or verbally by the COR.

The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this article and within his authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories which the COR does not have authority(A-E above), the Contractor shall not proceed but shall notify the Contracting Officer in writing within five working days after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly.

Upon receiving the notification from the Contractor, the Contracting Officer shall:

A. Advise the Contractor in writing within 30 days after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under contract clause FAR 52.212-4 (c) Changes;

B. Advise the Contractor within a reasonable time that the Government shall issue a written change order; or C. Rescind the technical direction. A failure of the Contractor and Contracting Officer to agree that the technical direction is within the scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto shall be subject to the provisions of clause FAR 52.233- 1 Disputes.

37.0 IDENTIFICATION OF CONTRACTOR EMPLOYEES:

All contract personnel are required to identify themselves as contractors. Whether attending meetings, answering Government telephones, or working in other situations where their contractor status is not obvious to third parties, they must make their status known to avoid creating an impression that they are Government employees.

Appendix A. TECHNICAL and REPORTING REQUIRMENTS

Project Management and Contract Administration Kick Off Meeting

· The contractor shall host a contract kick-off call to make introductions between the Contractor and CBP project staff, gather required data and relevant points of contact, provide a project schedule, and set in motion completion of the project tasks. The contractor shall take notes at the meeting and distribute them to the project team along with the preliminary project schedule. The project schedule shall be updated monthly throughout the period of performance. The Contractor shall provide a monthly report and meet monthly with CBP project staff to review the progress, deliverables, issues, and schedule. The Contractor and CBP shall discuss and outline the notification process for observations or occurrences of sensitive resources, presence of cultural and tribal resources and procedures for reporting inadvertent discoveries, BMPs developed to minimize impacts from construction and protect federally endangered species and critical habitat, and the contact information for environmental monitoring personnel and CBP project staff.

Weekly check in and Monthly Progress Reports

· This includes one weekly email with a summary of the actions, including start and stop coordinates, and a minimum of 2 georeferenced pictures of each start and stop location. This report all separately depicts each treatment type applied and their locations. All chemical applications are required to complete the daily treatment logs and include them in the weekly update.

· This includes one monthly progress report with a summary of all weekly actions, all associated georeferenced project pictures includes before and after, maps of all treated areas and the associated geospatial data with the supporting metadata that meets the geospatial requirements. This report all includes a summary of each type of treatment applied across the footprint and the associated date of treatment both in the report and in the geospatial metadata.

Project Summary Report

· The project summary report is a final report based off the combination of all weekly and monthly reports for all acres treated within the project area. This also includes a summary of acres treated of each treatment type, the associated maps, and all chemical application locations and reporting.

· The contractor shall prepare a final Project Summary Report providing final locations and calculations of actual acreages of permanent and temporary impacts, observed and affected sensitive resources, and a summary of regulatory. The Project Summary Report shall also include maps, photographs and GIS data. The Contractor shall provide and update GIS Shape files to indicate the project area limits, acres treated by treatment type with associated date of treatment, sensitive resource areas, areas of concerns, issues, and notable occurrences. GIS Shapefiles of all maps will be included and meet the requirements the following requirements:

· Primary Format: Data should be provided in a zipped File Geodatabase format. This format offers benefits such as relationship classes and attribute domains.

· Secondary Format: If the user is unable to provide the geospatial data in a zipped File Geodatabase, data should be provided in an attributed ESRI Shapefile format

· Data must be submitted in USA Contiguous Equidistant Conic, NAD83 datum, unit Meter.

· Data must be submitted with FGDC metadata with all required data elements populated.

· Data features must be submitted in a logical geometry – point features are in point geometry, linear features are in line geometry, and area features are in polygon geometry.

· Data features must be single-part features (i.e., no multi-part features)

· Layer Structure: Geospatial data shall be organized into separate layers based on feature types (e.g., point, line, polygon) and thematic categories (e.g., land use, waiver areas, cultural survey).

· Metadata: Each layer shall be accompanied by comprehensive metadata describing:

· Spatial reference system (coordinate system and datum)

· Data source and collection methods

· Attribute definitions and data quality

· Projection information

· Date of creation and last modification

· Treatment Type

· Treatment Date

· Data must include the following System Attributes:

· Feature Name

· Description

· County

· State

· Sector

· Station

· Status (i.e., complete, draft)

· Method of collection (i.e., ground survey, digitized)

· Date collected

· Data creator (i.e., organization name, not individual)

· Data type

· Sensitive Avoidance Areas

· Vegetation Type

· Vegetation Survey Area

· Vegetation Treatment Area

· Vegetation Treatment Type

· Vegetation Treatment Date

Layer Naming: Layer names shall adhere to the following convention ProjectName_FeatureType_StudyName_CollectionDate

· Example:

· BorderImprovementProject_Line_RoadNetwork_11042024

· QualityAssessment_Point_SamplingSites_11012024

· LandUsePlanning_Polygon_WaiverAreaSites_10312024

Project Compilation File

· This project file includes all associated information related to the project under this contract. Including, but not limited to: Reporting, maps, pictures, geospatial data, and chemical reporting.

· The Contractor shall provide a compilation of all project related deliverables upon completion of the project monitoring. The project compilation files, and deliverable names should be organized in a consistent manner and delivered electronically at project closeout. GIS Shapefiles of all maps will be included and meet the requirements outlines in Appendix B. Contractor must determine a method to successfully transfer the files electronically in an efficient manner.

Work Quality Percentage

· Work quality percentages are derived from data developed from inspection plots. The total number of satisfactory plots divided by the number of plots inspected determines the quality rate. This rate multiplied by 100 provides the work quality percentage.

· Example: Number of plots inspected 25

· Number of satisfactory plots 23

· 23 divided by 25 .92

· Work Quality Percentage 92 percent

ACCEPTABLE QUALITY LEVEL

· Acceptance of work shall be based on compliance with all Schedule B Specific Tasks that correspond to the treatment. A minimum basic quality of 90 percent is required. Work quality percentage of 100% for the following items shall be required to pass inspection.

UNSATISFACTORY WORK

· If the work quality falls below 90 percent, the COR shall immediately notify the CO and the Contractor in writing. The CO, COR and Contractor shall meet and discuss the unsatisfactory work and how to resolve any issues to bring the work back to an acceptable level.

Treatment Types Each project must include a minimum of one treatment from mechanical and soil stabilization categories listed above to meet the project the desired outcome and contract requirements. Chemical application is dependent upon landowner agreement, and would only be included if agreement has been reached. The government encourages contractor flexibility and creativity in treatment type application to achieve eradication of Carrizo Cane.

Manual – which includes the following:

· Manual treatments include use of a shovel, chainsaw, backpack sprayers or other associated hand tools as needed to implement the treatment objectives.

Mechanical-which may include one or a combination of the following:

· General Mastication or Mowing

· Grinding and Mulching

· Piling and Burial on Site

· Piling and Site Removal

· Disking or Ripping

· Site Leveling

Chemical – which includes the following:

· Wicking

· UTV Sprayer Applications

· Drone Application

· Airplane Application

· Boom spray Application

Soil Stabilization – which includes the following:

· Seeding and watering

· Composing

· Bailing

· Rip-Rap

· Soil Stabilization Product Application

Explanation of Requirements for each Treatment Type:

MANUAL TREATMENT

Hand-operated power tools and hand tools are used in manual vegetation treatment to cut, clear, or prune herbaceous and woody species. In manual treatments, workers will cut plants above ground level; pull, grub, or dig out plant root systems to prevent subsequent sprouting and re-growth; scalp at ground level or remove competing plants around desired vegetation; or place mulch around desired vegetation to limit the growth of competing vegetation. Hand tools such as the handsaw, axe, shovel, rake, machete, grubbing hoe, mattock (combination of axe and grubbing hoe), brush hook, and hand clippers are used in manual treatments. Axes, shovels, grubbing hoes, and mattocks can dig up and cut below the surface to remove the main root of plants that have roots that can quickly resprout in response to surface cutting or clearing. Workers also may use power tools such as chain saws and power brush saws. Manual methods are highly labor intensive, requiring periodic retreatment, ranging from every three weeks during the growing season to annually, depending on the target species.

MECHANICAL TREATMENT OPTIONS INCLUDING SOIL STABLIZATION

Mechanical methods of vegetation treatment employ several different types of equipment to suppress, inhibit, or control herbaceous and woody vegetation. The goal of mechanical treatments is to kill or reduce the cover of undesirable vegetation and thus encourage the growth of desirable plants. CBP uses wheel tractors, crawler-type tractors, mowers, or specially designed vehicles with attached implements for mechanical vegetation treatments. Re-seeding after mechanical treatment has been applied is important to help ensure that desirable plants will become established on the site and regrowth of undesired species. The mechanical treatment and re-seeding should occur at a time to best control the undesirable vegetation and encourage the establishment of desirable vegetation.

Vegetation is pushed over and uprooted and then left in windrows to dry (often needing flipped to be time effective for crush/compaction) then buried or hauled off site. Burial of material, also known as composting, must be done in a way that a minimum of 4 foot of topsoil caps all buried material to prevent and regrowth from the removed vegetation.

Bulldozing and tractoring are best adapted to removing scattered stands of vegetation. There are several different kinds of blades and attachments available depending on the type of vegetation and goals of the project. Disk plowing in its various forms can be used for removing shallow-rooted herbaceous and woody plants. There are several different kinds of root plows that are specific for certain types of vegetation. In addition to killing vegetation, disk plowing is effective in loosening the soil surface to prepare it for seeding and to improve the rate of water infiltration. Also, plowing is usually not practicable on steep slopes (greater than a 35 to 45 percent slope) or rocky soil. Chaining and cabling is accomplished by dragging heavy anchor chains or steel cables hooked behind tractors in a U-shape, half circle of J-shaped manner. Chaining and cabling are effective on rocky soils and steep slopes. Chaining and cabling is best used to control non-sprouting woody vegetation such as small trees and shrubs. There are various tractor attachments that are used for mowing, beating, crushing, chopping, or shredding vegetation depending on the nature of the plant stand and goals of the project.

Debris management after a mechanical control treatment application is critical in vegetation reduction projects. Vegetation material that is left onsite will dry and become more hazardous than before the treatment. Herbaceous material is usually not a problem, because it will decompose relatively fast depending on soil moisture, ambient humidity, and temperature. Woody vegetation should be piled, dried, then buried or hauled off site.

Efforts repeated every 21 days during the growing season can deplete the underground food supply of some perennials. This method will be required for at least a three-year period to attain satisfactory control.

Soil Stabilization materials: mulch, riprap, and/or liquid application, can be placed on access roads in coordination with the landowner to maintain road standards and reduce dust.

All seeding applications would include a minimum of 3 days of consistent watering with at least 3 following watering treatments to ensure seed establishment.

All composting and bailing operations would require material spread on site over seed or hauling bails off site at the responsibility of the contractor. If rip-rap material is used along banklines in lieu of seeding for bankline stabilization, engineering requirements following CBP’s TIDS would be required.

CHEMICAL TREATMENT OPTIONS

Contractor will use Environmental Protection Agency-approved herbicides according to label requirements. Treatments will follow Standard Best Management Practices and include project design features including: Buffer zones will be used adjacent to dwellings, domestic water sources, agriculture land, streams, lakes and ponds. A minimum buffer zone of 25 feet wide will be provided for aerial application, and 5 feet for chemical wiping/rolling application. Any deviations must be in accordance with the label for the herbicide.

Herbicides are applied in several ways, depending upon the treatment objective, topography of the treatment area, target species, expected costs, equipment limitations, and potential environmental impacts. Herbicide applications will be timed to have the least impact on nontarget plants and animals consistent with the objectives of the vegetation management program. The chemicals will be applied aerially with helicopters, fixed-wing aircraft, drones, or on the ground using vehicles or manual application devices.

Rates of herbicide application will depend on the target species, other vegetation present, soil type, depth of the ground water table, and presence of other water sources. The size of areas that will be treated may vary from 10 feet in diameter to 5,500 acres, but most such areas will vary from 100 – 1,500 acres depending on landowner agreements.

Vehicle-mounted sprayer (handgun or boom) applications will be mainly used in open areas that are readily accessible by vehicle. The boom will be used where feasible to treat concentrated weed infestations. The handgun will be used for spot treatment of weeds and only up to the high-water line near water bodies. Under both hand gun and boom methods, sprays will be applied in a manner that gives the best possible coverage with the least amount of drift, and only when wind velocity is below eight mph, except in riparian areas where treatment will be applied only at wind velocities below five mph. Boom sprayers will not be used within 25 feet of water bodies. No buffer is required for herbicide wiping applications.

Hand applications could involve backpack spraying, hand wiping application, and cyclone broadcast spreading (granular formulations). Backpack sprayers are operated at low pressure and low volume and release herbicide through a single nozzle held from 0.5 to 2.5 feet above the ground when wind velocities do not exceed eight mph. Contact systemic herbicides, such as but not limited to glyphosate, wiped on individual plants, can be used up to the existing high-water line.

Suggested General Treatment implementation process for all projects:

The rivers’ edge and 25ft inland:

a. Mechanically treat existing Carrizo Cane and allow to regrow to minimum of 18” in height not to exceed one meter and chemically treat by wicking with an EPA approved aquatic herbicide without damaging other native plant species or as directed by COR.

b. Treat Carrizo Cane 18” in height not to exceed one meter by wicking with an approved EPA herbicide without damage other native plant species or as directed by COR.

c. Spot Treat with handheld applicator with an EPA approved herbicide without damaging other native plant species ***Actual treatment implementation is based on landowner agreements.

Twenty-five-foot buffer inland:

This area includes the boundary of the 25ft buffer along the river to the Carrizo Cane project boundary.

a. Mechanically treat at minimum depths (no more than 24”) to just uproot and lift Carrizo Cane Rhizomes to the surface and rake into windrows to dry. Site conditions would include designated windrows no greater than 4 foot high and areas to conduct future mowings with large batwing mowers leaving all native trees.