PERFORMANCE_WORK_STATEMENTBIL_Coastal_Prairie_Laguna_Atscsoa_NWR__1.docx

PERFORMANCE WORK STATEMENT (PWS)

Hazardous Fuel Reduction/Coastal Prairie Restoration on the Laguna Atascosa National Wildlife Refuge Part 1 General Information

1. GENERAL: This is a non-personnel services contract to provide land clearing for the US Fish & Wildlife Service. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction:

i Base Award: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform mechanical shearing and herbicide treatment of approximately 1493 acres, on the Laguna Atascosa National Wildlife Refuge (NWR) as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

ii Option Year 1: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform mechanical shearing and herbicide treatment of additionally approximately 1551 acres on the (NWR) as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

iii Option Year 2: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform mechanical shearing and herbicide treatment of additionally approximately 1369 acres on the (NWR) as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

iv Option Year 3: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform mechanical shearing and herbicide treatment of additionally approximately 1537 acres on the (NWR) as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: The Laguna Atascosa NWR would like to mechanically shear, and herbicide treat large portions of land that range from dense mature growth areas which have never received treatment to areas that have received previous treatments (mastication and fire) and are composed of small sparse regrowth. Brush cover and density is not uniform throughout the project sites and some sites will have large areas that do not require treatment. However, these larger areas may have numerous patches of brush of varying density within it and together make up a coastal prairie management unit or subunit. The NWR does not have enough machines or operators to dedicate to this size of project. To clear the undesired trees and herbaceous species that are located on the areas proposed, we will need to use a clearing company to do the work. The overall goals are to reduce the risk of wildfire and resulting damage to habitat, mitigate safety risks to FWS staff, and to restore the coastal prairie habitat for endangered species such as the Aplomado Falcon.

1.3 Objectives:

Mechanically shear/remove and herbicide treat stumps of Honey Mesquite (Prosopis glandulosa), Huisache (Vachellia farnesiana), Eastern Baccharis (Baccharis halimifolia), and Retama (Parkinsonia aculeata) on NWR as outlined on the maps.

· Shear removal will involve utilizing tracked and/or heavy equipment and herbicide- treating stumps to prevent regrowth.

· Push/stack cut debris into slash piles.

· Smooth over areas of disturbed soil created from shearing operations.

1.4 Scope: The contractor should access the area only during dry times and/or during times preapproved by refuge staff. If the areas are too wet, they will not be able to work on the project areas, to minimize the damage to the refuge. Daily work reports will be completed by contractor and turned in to refuge staff.

1.5 Period of Performance:

i Base Award: The period of performance for woody debris removal by heavy equipment shall be October 1, 2023, to September 30, 2024. The project must not interfere with nesting species such as the Aplomado Falcon. Refuge staff will survey project areas between March 15th thru August 15th for nesting species. If nesting species are determined to be within the project area, up to three-quarters of a mile buffer zone will be implemented around the nesting structure.

ii Alt Awards: The period of performance for woody debris removal by heavy equipment shall be October thru September. The project must not interfere with nesting species such as the Aplomado Falcon. Refuge staff will survey project areas between March 15th thru August 15th for nesting species. If nesting species are determined to be within the project area, up to three-quarters of a mile buffer zone will be implemented around the nesting structure. The total completion date/year of the Option Year Awards will be determined.

1.6 General Information: Refuge access roads provide for one-way travel. No road construction will be needed. Shearing sites are easily accessible by existing roads. However, barbed wire fencing restricts access points. Options for site access and all equipment storage and environmental concerns will be addressed during project meetings.

1.6.1 Quality Control: NA

1.6.2 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with this Performance Work Statement. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays: The Contractor is not required to perform work on these holidays. New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of sunrise to sunset Sunday thru Saturday except Federal holidays at the Contractor’s option. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at Laguna Atascosa NWR. Job site is approximately 18 miles North of Los Fresnos, Texas on a paved road. Los Fresnos, TX has all accommodations.

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

1.6.7 Gate Locks: Project sites are located within areas closed to the public, and locked gates are involved. The Contractor will be issued refuge keys during the initial project meeting.

1.6.8 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Technical Representative (TR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.9 Contracting Officer Representative, The (COR) will be Andrew (Andy) Grunwald 956-203-1848 and James (Jim) Krizman 956-475-5023. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the TR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the TR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The TR is not authorized to change any of the terms and conditions of the resulting order.

1.6.10 Key Personnel: The following personnel are considered key personnel by the government: Contract Manager and Site Project Leader. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 am to 5:00 pm, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.11 Identification of Contractor Employees: All contract personnel attending meetings and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.12 Contractor Travel : Contractor will be responsible for all travel cost and scheduling of travel.

1.6.13 Other Direct Costs : At the contractor’s option, partial payments can be made to cover the cost of equipment and materials obtained by the contractor for this project. Final payment will be made upon Refuge acceptance following total completion of the project by the contractor. Upon completion and acceptance of all work and receipt of a proper invoice, the contractor will be paid the balance of the firm fixed-price of the contract.

1.6.14 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

PART 2 DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER (CO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER’S REPRESENTATIVE (COR): An employee of the U.S. Government appointed by the contracting officer to represent the government on site. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications.

This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non- manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE (QA): Those actions taken by the Government to assure that services meet the specifications and requirements of the (PWS). Such as Random Inspection and Final Inspection methods.

2.1.9. QUALITY CONTROL (QC): Those actions that are taken by the contractor to control the performance of the services so that they meet the requirements of the (PWS).

2.1.10. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.11. WORKDAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

2. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will not provide any services for this contract.

3.2. Facilities: The Government will not provide any facilities for this contract.

3.3. Utilities: The Government will not provide any utilities for this contract.

3.4. Equipment: The Government will not provide any equipment for this contract

3.5. Materials: The Government will not provide any materials (herbicide or surfactants) for this contract

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 GENERAL. Except for those items or services specifically stated to be Government furnished in Section C-3, the contractor is responsible for furnishing and providing everything required to perform the Line Items tasks and requirements in the Performance Work Statement (PWS). The contractor shall furnish and provide all labor, trained crew personnel, appropriate equipment (in good working condition), facilities, materials, trained equipment operators, supervision, training, supplies, tools, transportation and any other items and services needed to perform the specified Line Item tasks of this Delivery Order.

4.1.1 Equipment: The Contractor shall furnish all equipment to adequately preform the requested job.

PART 5

SPECIFIC TASK

5. SPECIFIC TASK:

The contractor will conduct an initial site visit with refuge staff for access arrangements and to ensure proper identification of each area to be sheared and herbicide sprayed. Contractor will then mobilize their equipment (i.e.; skid steers) to mechanically shear Honey Mesquite (Prosopis glandulosa), Huisache (Vachellia farnesiana), Eastern Baccharis (Baccharis halimifolia), and Retama (Parkinsonia aculeata) one (1) to three (3) inches above soil surface and immediately herbicide treat sheared stumps/stobs in order to minimize potential regrowth (See Technical Exhibit 1 Specifications of Herbicide Use for further details). Additional target species may be added by the COTR in unique situations, but no other species shall be treated without prior consent from the COTR.

Once sheared, debris are to be pushed/stacked into slash piles for burning at a later date. Slash pile sizes should be approximately piled in 30ft x 30ft squares, if possible, exact details can be determined on site between contractor and refuge staff. Slash piles will also be placed within recently cleared areas, approximately 20 yards from standing Yuccas in any direction, to allow for a fire break during pile burning.

Soil and ground disturbance is expected due to the nature of tracked/wheeled equipment; however, the contractor should make attempts to fill in, or smooth over the cleared areas to minimize large ruts being left behind.

PART 6 APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable Federal and State regulations and laws applicable to this project.

PART 7 ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. PROJECT MAPS:

***Brush cover and density is not uniform throughout the project sites and some sites will have large areas that do not require treatment. However, these larger areas may have numerous patches of brush of varying density within it and together make up a coastal prairie management unit or subunit.

***Brush cover and density is not uniform throughout the project sites and some sites will have large areas that do not require treatment. However, these larger areas may have numerous patches of brush of varying density within it and together make up a coastal prairie management unit or subunit.

***Brush cover and density is not uniform throughout the project sites and some sites will have large areas that do not require treatment. However, these larger areas may have numerous patches of brush of varying density within it and together make up a coastal prairie management unit or subunit.

***Brush cover and density is not uniform throughout the project sites and some sites will have large areas that do not require treatment. However, these larger areas may have numerous patches of brush of varying density within it and together make up a coastal prairie management unit or subunit.

***Brush cover and density is not uniform throughout the project sites and some sites will have large areas that do not require treatment. However, these larger areas may have numerous patches of brush of varying density within it and together make up a coastal prairie management unit or subunit.

***Brush cover and density is not uniform throughout the project sites and some sites will have large areas that do not require treatment. However, these larger areas may have numerous patches of brush of varying density within it and together make up a coastal prairie management unit or subunit.

Technical Exhibit 1:

Specifications for Herbicide Use

The Contractor shall obtain the necessary permits (providing the COTR with a copy of the commercial permit), training, and provide for worker safety as required by the State of Texas in order to apply agricultural chemicals. All chemicals shall be used according to the manufacturer’s label specifications, and according to the special instructions given below. The Government will provide pesticide use forms (either paper or digital). These shall be completed by the Contractor daily and given to the COTR daily at the completion of each application of herbicide.

Triclopyr Ester & Low Volume Basal Bark Oil (With Dye) Mixture:

Triclopyr ester (60.45% active ingredient) is an oil soluble herbicide sold under a variety of trade names, with Remedy Ultra and Garlon 4 Ultra being the most prevalent. Triclopyr ester formulations that are premixed with kerosene or other petroleum products (e.g., Garlon 4, Element 4, Remedy, etc.) are not permitted for use on this project. It is highly preferred that either Remedy Ultra or Garlon 4 Ultra is used due to their proven efficacy in the project area and minimal non-target impact. The use of other triclopyr ester (60.45% active ingredient) products must be approved in advance by the COTR. Low volume basal bark oil is an oil carrier formulated to penetrate and adequately cover bark and cut-stump surfaces. Low volume basal bark oil is sold under a variety of trade names, but past treatments in the project area have used Diluent Blue and Impel Red (both come mixed with dye). The use of dye greatly helps track progress, ensures uniform coverage, and aids in inspection processes. Other low volume basal bark oils can be used with prior approval from the COTR, but they must be dyed, or dye must be purchased separately and added. If dye is added to a non-dyed basal bark oil, it must be added according to the label instructions. Diesel is not a permitted carrier for this project.

The mixture described above shall be mixed at a rate of 20% triclopyr ester (60.45% active ingredient) herbicide and 80% low volume basal bark oil. No other products shall be added to the mixture, except for dye. After adding the triclopyr ester to the basal bark oil, shake or agitate the mixture vigorously. This mixture may be premixed in advance but must be reagitated after sitting for more than four hours. This mixture shall be applied to the freshly cut-stump surface, root collar, and any portion of the stem remaining of ground level of the target woody species immediately after the individual woody plant is cut/sheared. Spray nozzles shall be calibrated to deliver a coarse mist in a cone pattern. All of these areas of the stump shall be sprayed until they are wet, almost to the point of runoff. Great care shall be taken to avoid spraying non-target plant species, particularly forbs and non-target woody species. If the target woody species has multiple stems, each stem must be cut/sheared and sprayed as described above. Target woody species are described in the Part 5 Specific Task. There are multiple application equipment options (shear-mounted spray system, UTV/ATV with gun sprayer, backpack sprayer), but all the previously described stipulations must be followed regardless of the equipment used.

The herbicide mixture shall be applied during daylight hours and can be applied in all seasons, as long as the application occurs immediately after the target woody species is cut/sheared. This herbicide mixture shall not be applied to basal stems or cut surfaces that are wet, and applications shall not be made if rain is predicted within 24 hours. Cut-stump applications can generally be made in most wind conditions since the application is very targeted and the spray nozzle can be kept very close to the stump, but applications shall not be done if winds are causing spray to move off target. If this is the case, mechanical work must also be halted.

Technical Exhibit 2:

Quality Assurance Plan

956-330-5902 donald_devriendt@fws.gov

DD

COR

COR

Andrew (Andy) Grunwald

James Krizman 956-203-1848 andrew_grunwald@fws.gov 956-475-5023 james_krizman@fws.gov April 2023

1.0 Objective

Provide a brief description of the Quality Assurance Plan’s intent.

1.1 Ensure contractor meets time schedules, adheres to standard commercial practices, and complies with Performance Work Statement/contract in an efficient, ethical, and productive manner.

2.0 Performance Indicators and Acceptable Quality Levels

Provide a description of the performance indicators to be measured and their acceptable quality levels.

2.1 Comply with work production/work schedule(s) (complete work within Oct 1 – September 30 timeline) with no deviation(s). 100% compliance.

2.2 Comply with Work Statement/contract. 100% compliance.

2.3 Contractor shall provide weekly report at the end of the work week to COR, including issues encountered, acreage cleared, and any wildlife observed in the project area. 100% compliance

2.4 Contractor must provide a list of approved equipment appropriate size and efficiency to meet the project requirements. Contractor shall also provide trained and qualified employees to operate equipment. 100% compliance.

3.0 Surveillance Methods

Provide a description of the evaluations that will be performed based on the indicators in section 2.0.

3.1 Regularly scheduled inspection/review of work

3.2 Staff feedback

4.0 Incentives

Provide a description of any incentives/penalties.

4.1 Non-compliance with Performance Work Statement will result in future work references detailing areas of non-compliance and deviations.

4.2 A positive performance reference will be given for overall satisfactory work and compliance related to the contract.

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