Farm Labor Services Performance Work Statement.pdf

San Joaquin Valley Agricultural Sciences Center Farm Labor Services

Performance Work Statement

Part 1 General Information

1. General: The San Joaquin Valley Agricultural Sciences Center located in Parlier, CA conducts research on 130-acre research facility. The SJVASC also conducts citrus research off site in Reedley, CA. The SJVASC also conducts research off site at other locations periodically. This research consists of multiple commodities and products. Throughout the year we have a seasonal requirement for farm labor to support agricultural tasks for scientific research. Current farm labor contract expires in March 2024. We have a requirement for a new farm labor contract to support our research requirements.

2. Objectives: The objective of this contract is to obtain the following:

• Multiple IDIQ base year plus 4-year farm labor contract that can support our research facility seasonally.

• Support agricultural field research located in Parlier, CA, and offsite locations.

• Contractor will provide qualified farm labor workers while minimizing any disruptions to research operations.

• Contractor who can provide an hourly rate for farm labor worker who is qualified to perform the requirements listed in Part 3.

3. Scope: The Contractor shall Provide farm labor services for agricultural fields and greenhouses. In addition, contractor must be able to provide farm laborers off site when needed. During the performance of this contract USDA-ARS reserves the right to add or delete any services. A modification to the contract will be executed to incorporate any changes.

4. Period of Performance: The period of performance (POP) shall be for one (1) Base Year of 12 months and four (4) 12-month option years.

Base Year 04/01/2024 – 03/31/2025 Option Year I 04/01/2025 – 03/31/2026 Option Year II 04/01/2026 – 03/31/2027 Option Year III 04/01/2027 – 03/31/2028 Option Year IV 04/01/2028 – 03/31/2029

5. Place of Performance: The work to be performed under this contract will be performed at the United States Department of Agriculture (USDA) San Joaquin Valley Agricultural Sciences Center (SJVASC), located in Parlier, California. The SJVASC also conducts research off site at other locations periodically. Quoter's are advised to visit the site and fully inform themselves as to the location of the work. Failure to do so will not relieve the successful quoter of their responsibility under the resulting contract.

6. Hours of Operation: The Contractor is responsible for providing services between the hours of 0630 to 1430, Monday through Friday except Federal holidays or when the USDA-ARS facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the USDA- ARS 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.

7. Federal Observed Holidays:

New Year’s Day Martin Luther King Jr.’s Birthday President’s Day Memorial Day Juneteenth Independence Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

8. Quality Control Program (QCP): The Contractor shall develop, implement, and maintain an effective QCP to ensure services are performed in accordance with (IAW) this PWS. The QCP, including changes, shall be forwarded to, and accepted by the Contracting Officer (CO). The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of deficiencies and shall review the plan with his onsite personnel to ensure complete understanding. The Contractor’s QCP is how the Contractor assures that the work complies with the requirement of the contract. The QCP must be provided within 30 days of the notice to proceed and shall be kept current, reflecting the pertinent contract modifications and grounds changes or conditions, with updates being submitted within five (5) days of changes being made. The plan shall include but is not limited to the following:

• The name of the Farm Labor Manager.

• A communication plan that shall describe methods of direct and indirect communication with USDA Agricultural Research Service regarding performance of the contract.

• The Contractor shall give immediate written notice to the Contracting Officer or Contracting Officer Representative of any condition which is discovered that may present a hazard to either the equipment or personnel.

• The method(s) for identifying and preventing defects in the quality of service performed before the level of performance becomes unacceptable.

• On site records of all inspections conducted by the Contractor and necessary corrective action taken. This documentation shall be made available to the CO and/or COR during the term of the contract.

• A contingency plan to provide for continuing agricultural field labor services in the event of employees’ absences, strikes or work stoppages.

Work stoppage or strike participation by Contractor personnel against the Contractor does not relieve the Contractor of his responsibility to fulfill the requirements of this PWS.

9. Contractor Performance Assessments: The Contractor will evaluate all services required of this contract, correct any deficiencies to commercially acceptable standards for agricultural field labor. The Contractor shall furnish a copy of the evaluation/inspection reports to the designated COR for this contract as requested.

10. USDA Performance Assessments: Assessments will be assigned to an authorized individual or will be done by the COR. The COR will evaluate the contractor's performance under this contract IAW the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what USDA-ARS must do to ensure that the contractor has performed IAW the performance standards. USDA-ARS surveillance of Contractor performance is not limited to the QASP or the performance objectives, incentives/remedies, etc. USDA-ARS has the right to inspect all services called for by the contract and commitments made by the Contractor during the solicitation process to the extent practicable at all places and times during the term of the contract. USDA-ARS will perform inspections in a manner that will not unduly delay the work.

11. If any of the services performed do not conform to contract requirements, USDA- ARS may require the Contractor to perform the services again in conformity with contract requirements at no increase cost to the government. When the defects in services cannot be corrected by re-performance, USDA-ARS may:

• require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and

• reduce the contract price to reflect the reduced value of the services performed.

12. If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conformity with contract requirements, USDA may:

• by contract or otherwise, perform the services and charge to the Contractor any cost incurred by USDA-ARS that is directly related to the performance of such service, or

• terminate the contract for default. "Services", as used in this clause, includes services performed, workmanship, and material furnished or used in performing services.

13. COR may accompany Contractor personnel during regular field work or other work visits to observe and or ask for explanation of work performed. The intent is not to delay the Contractor in any way.

14. If performance or quality measures are not being met by the Contractor, USDA- ARS will revisit the QCP and may request revisions. Upon review of the plan and related documents, USDA-ARS will take appropriate action to ensure that all quality and performance measures are met as specified in this contract.

15. If found that field labor services have any deficiencies, the Contractor will be notified of these deficiencies, and it shall be their responsibility to make the necessary corrections within three (3) calendar days.

16. Type of Contract: USDA-ARS will award a performance-based multiple IDIQ base year plus 4-year farm labor contract. This means that USDA has described WHAT is to be accomplished, not HOW to accomplish it, and states a basis for determining whether finished work meets USDA-ARS quality requirements. It does not state detailed procedures for accomplishing the requirement unless there are safety, security, or communication requirements. It is the intent of USDA-ARS to provide the Contractor the maximum amount of flexibility to propose an innovative approach, and to find the most efficient and cost-effective method for meeting the stated objectives and requirements.

17. Post Award Conference / Performance Evaluation Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The CO and COR shall have performance evaluation meetings with the Contractor to review the Contractor's performance as needed. At these meetings the CO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise USDA-ARS of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. Meetings may be held quarterly thereafter as determined beneficial by USDA-ARS and Contractor.

18. Contracting Officer’s Representative (COR): 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, and specifications.

• Monitor Contractor's performance and notifies both the CO and Contractor of any deficiencies.

• Coordinate availability of government furnished property.

• Provide site entry of Contractor personnel.

• The COR is not authorized to change any of the terms and conditions of the resulting order.

19. Safety: Contractor will provide a safe working environment for field labor personnel and will ensure all personnel practice safe working techniques. The contractor shall follow, but is not limited to, the following safety precautions:

• Providing all field labor personnel with proper personal protective equipment as necessary.

• Ensuring all field labor personnel are aware of the various hazards located throughout the facility. The Government, upon request by the Contractor through the COR, will provide site-hazard awareness training for field labor personnel once per year (not to exceed one hour and to be scheduled at the convenience of the Government).

• Ensuring that all field labor personnel are familiar with the use of ladders any standard farm labor tools used.

• Ensuring all equipment brought on-site is routinely inspected and is in safe working order and meets all Occupational Safety & Health Administration (OSHA)regulations.

• Removing from service any machinery found to be unsafe. Any equipment deemed unsafe will be removed from the site or disabled from service to prevent inadvertent use. Additionally, any equipment deemed to be unsafe by the COR must be promptly removed from service.

20. Environment and OSHA: The Contractor shall comply with all local, state, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, state, and Federal laws, rules and regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the CO and/or the COR for final resolution. The Contractor shall notify the CO and COR in writing in addition to any verbal notification of such conflicts within 24 hours of occurrence. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local state, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the CO or COR, to halt all Contractor performance with a commensurate deduction of monies due the Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of any hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall immediately notify the CO or COR.

21. Contractor Key Personnel: The Contractor shall provide a Farm Labor Manager who shall be responsible for the performance of the work and shall be the central point of contact with the Government. 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 CO and COR. The Farm Labor manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Farm Labor manager or alternate shall be available from 0800 to 1600, Monday through Friday except Federal holidays or when the USDA-ARS facility is closed for administrative reasons. Since this is a performance-based contract, the manpower and labor mix of employees to perform this contract remain the discretion of the Contractor for all services.

22. Identification of Contractor Employees: All field labor personnel working is required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are USDA/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.

23. Rosters: For SJVASC security purposes, the Contractor shall provide the CO and COR a list of all employees who will perform work under this contract. The list shall include name and work assignment of each employee. The Contractor shall maintain revisions and updates to this list and submit them to the COR monthly.

24. Space: The SJVASC shall provide space for the Contractor to secure all their equipment and required supplies. Keys to designated space will also be provided. In the event any keys are lost a replacement key will be provided at the expense to the Contractor.

25. Security Requirements: Farm labor personnel employed by the Contractor or any representative of, or agent of the Contractor, entering this facility shall conform to the facility security regulations. Farm Labor Manager will provide a list of names to COR for submission to the security office NLT 2 days prior to the first visit.

26. Physical Security: The Contractor shall safeguard all USDA-ARS equipment, information and property provided for Contractor use. At the close of each work period, USDA-ARS facilities, equipment, and materials shall be secured. In the event the contractor is unable to do so the COR must be notified to assist contractor with an alternate means of securing USDA property.

27. Contractor Personnel Conduct: Contractor personnel’s conduct shall not reflect discredit upon USDA-ARS. The Contractor shall ensure that personnel present a professional appearance. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that any contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the job site any employee for reasons of misconduct or security. Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 USC 423 relative to release of acquisition related information, or actions or discussions which may prejudice future competitions. The Contractor shall ensure no contractor employees conduct political related activities or events on the SJVASC premises.

Part 2 Furnished Items and Responsibilities

28. Government: The government shall furnish motorized gators to use to accomplish tasks as listed in this performance work statement. Reimbursement of any travel expenses incurred if applicable in support of agricultural research.

29. Contractor: The Contractor shall furnish all equipment, materials, supplies, services, and employee training required to achieve the quality performance standards of the work in this contract, unless otherwise specified herein. The contractor shall furnish the following:

• Provide hourly rate for Farm Laborers who are qualified to perform the requirements in Part 3 Specific Tasks.

• Ladders.

• Hand tools need to provide services.

• Two portable bathrooms (Male and Female).

• Hand washing station.

• Shade for breaks.

• Drinking water.

• Safety Training as needed.

• Paycheck distribution shall be accomplished by the prime contractor directly to the farm worker, without Government serving as an intermediary.

• Provide Farm Labor Manager to assign work, maintain employee time and attendance.

• Provide Personal Protective Equipment as needed (i.e., gloves, safety glasses, safety boots/shoes, etc.).

30. Status Report: The Contractor shall develop and implement a plan for communicating and reporting to USDA-ARS, the status of the Contractor’s implementation of the contract requirements. The report shall be submitted electronically to the COR monthly.

31. Responsibility: The Contractor shall be responsible for giving immediate notice to the CO and/or COR of any condition that is discovered that may present a hazard to either the equipment or personnel. The Contractor shall be responsible for notifying the CO or COR in writing, of the existence or development of any defects in, or repairs required to, the equipment which they do not consider to be their responsibility under the terms of the contract.

32. Negligence or Omission: The Contractor, at no additional cost to the Government, shall accomplish all repairs resulting from prior acts of negligence on his part, or the part of his employees and agents, or omission in performing maintenance or repairs required in this contract. Should the Contractor and the CO be unable to agree as to whether damage was caused by a negligent act or omission of the Contractor, such dispute shall be settled pursuant to FAR 52.212-4 Contract Terms and Conditions – Commercial items, Disputes.

33. Repairs Necessitated by Other than Fair Wear and Tear: The Contractor shall immediately notify the COR whenever they find evidence that repairs are required due to other than fair wear and tear. This includes fire, theft, vandalism, negligent acts, misuse, or abuse by anyone other than the Contractor, his agents, or employees. Should USDA-ARS deem a criminal investigation warranted due to the evidence, the Contractor shall provide any technical information needed by the law enforcement agency performing the investigation.

The Contractor shall not be required by this contract to make renewals or repairs necessitated by proven negligence or misuse of the equipment by persons other than the Contractor, their representative, and employees, or by reason of any other proven cause except for normal wear and tear, beyond the control of the Contractor. The CO reserves the right to make the final determination concerning the responsibility for such defects, corrections, or repairs.

PART 3 Specific Tasks

34. Field labor workers must be able to perform the following:

• Ground Planting Support.

• Greenhouse Support.

• Pruning and training of perennial plants (including shrubs, trees, vines).

• Thinning.

• Hand Weeding as needed.

• Install/Repair Trellis.

• Install/Repair irrigation.

• Emasculation and pollination in fruit trees and vines.

• Harvest of fruit.

• Pull vines.

• Open weed mat and add organic matter (for mulch) and reset back in place.

• Prepare soil mixture (sand/peat/redwood humus) as prescribed.

• General agricultural field support.

• Transplant seedlings.

• Wash pots and seed flats.

• Remove weeds from beds under plant benches and surrounding greenhouse and screen house.

• Periodically sweep sidewalk in greenhouse and screen house; sweep or vacuum dirt from insectary floor.

• Remove exterior shade-cloth from greenhouse ceiling and store during winter; re-attach greenhouse shade-cloth in spring.

• Annual vegetable and grain seed nursery maintenance (planting, harvesting, threshing seed).

• Basic honeybee pollinator maintenance.

• Installation and removal of pollen exclusion screens.

• Cleaning of pollen exclusion screens.

• Installation and removal of plastic mulch

PART 4 Appendixes

Appendix A: Map of Fields

PART 5 Deliverables & Schedule

Deliverables Frequency Submit To

Quality Control Plan (QCP) Within 30 days of NTP / Within 5 days of changes being made CO

Contractor Performance Assessments As requested. COR

Employee Roster Prior to beginning work on this PWS / Monthly Updates CO & COR

Liability Insurance Certificate Annually CO