PWS_Alligatorweed_Spraying.pdf

United States Department of the Interior U.S. FISH & WILDLIFE SERVICE – Alligator River NWR

PO Box 1969, Manteo, NC 27954

Performance Work Statement

Herbicide Treatment of Alligatorweed On Alligator River National Wildlife Refuge 13518 Milltail Road, East Lake, NC 27953

1. GENERAL INFORMATION

1.1 General: This is a non-personal services contract to provide herbicide application/spraying via ground or aerial methods for treatment of invasive alligatoreed (Alternanthera philoxeroides) within delineated project boundaries on Alligator River National Wildlife Refuge (NWR) in Dare County, North Carolina. 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.

The contractor shall provide all personnel, equipment, supplies, herbicides, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform work services as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

Payment will be processed online through the Invoice Processing Platform System (IPP) at http://www.ipp.gov.

1.2 Purpose: Treatment of invasive exotic plants and their management have been identified as one of the highest priorities within the National Wildlife Refuge System. Invasive exotic plants threaten native plant communities and native wildlife including threatened and endangered species. The refuge has a significant problem with several exotic and native invasive wetland plants (i.e., alligatorweed, sesbania, etc.) within the impoundments and canals of the cooperative farming area on Alligator River NWR. Alligatorweed is the primary species of concern. This plant has been an issue in canals on the Alligator River NWR for several years, and impacts water management on the refuge. It has invaded many canals that are too wide or too steep for convenient treatment and the proximity of project areas to roads and crops makes aerial application of herbicides, either helicopter or unmanned aircraft systems (UAS, a.k.a. drones) a possible method for treatment.

1.3 Objective: Application of herbicide via ground and/or aerial methods for controlling/treating alligatorweed within the designated project boundaries on Alligator River NWR to reduce plant density and to prevent spread of alligatorweed into non-infested areas on the refuges. The contractor will apply the appropriate herbicide, adjuvant and other additives to adequately treat 85% or more of all alligatorweed within the delineated project areas. Project size (acres sprayed) is approximately 102 acres at Alligator River NWR.

http://www.ipp.gov/

1.4 Place of Performance: The work to be performed under this contract is located in delineated areas on the Alligator River NWR in Dare County, North Carolina. See map Attachment 3.

1.5 Period of Performance: The period of performance shall begin with the issuance of the award date of the contract or August 1, 2023 – July 30, 2024. Herbicide will be applied in two treatments – one in summer/fall 2023 and one in spring 2024. Service schedule for spraying shall be between August 1 – October 31, 2023 and April 1 – June 15, 2024.

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract

1.6.2 Recognized Holidays: The contractor is not required nor permitted to perform services 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

1.6.3 Hours of Operation: Normal operating hours for the refuge are between 7:30 AM to 4:00 PM Monday thru Friday, excluding Federal Holidays, or when the government facility is closed due to local or national emergencies, administrative closings, or similar directed government closings. Depending on weather conditions and wind speeds, the work may have to occur outside the normal business day as otherwise arranged with the Contracting Officer’s Representative (COR)/Government Representative (GR). The contractor shall provide contact information in the event of emergencies.

1.6.4. Contractor Qualifications: The contractor, its employees, and any subcontractors performing work under this contract shall:

• possess a valid state certified aquatic pesticide applicator's license for the state of North Carolina as required or be under direct supervision of a license holder, and

• shall comply with all Federal, State, and local laws and regulations applicable to the contract work and to the products and material used by the contractor in performing that work, and

• be familiar with how alligatorweed looks to ensure that desirable, non-target vegetation is not sprayed.

If applicable, the appropriate employee will possess a valid pilot’s license for helicopter or UAS operation.

1.6.5. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference or progress meetings convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative (COR), Government Representative (GR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance and/or status of work. 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 being experienced, if any. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.6. Identification of Contractor Employees: All contract personnel 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 or performing an unauthorized task. Contractor personnel will be required to obtain and wear badges or company attire indicating name of company in performance of this service.

1.6.7 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 effect 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.

2. DEFINITIONS AND ACRONYMS

2.1 Definitions:

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

2.1.2 CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government.

Note: The only individual who can legally bind the government.

2.1.3 CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

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

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

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

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

2.1.8 QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10 QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

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

2.1.12 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

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

2.2 Acronyms:

ACOR Alternate Contracting Officer's Representative CFR Code of Federal Regulations COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf FAR Federal Acquisition Regulation KO Contracting Officer NWR National Wildlife Refuge POC Point of Contact PPE Personal Protective Equipment

PRS Performance Requirements Summary PWS Performance Work Statement PUP Pesticide Use Proposal QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SDS Safety Data Sheets TE Technical Exhibit UAS Unmanned Aircraft Systems USFWS U.S. Fish and Wildlife Service

3. GOVERNMENT FURNISHED ITEMS AND SERVICES

3.1. Services:

3.1.1. A USFWS employee will be on site during application to make sure the contractor meets and follows all requirements outlined in Part 5. Assessment of the treatment areas will be made two to four weeks following the herbicide treatment to make sure that 85% of the mapped area was treated. GPS and GIS will be used to make that assessment.

3.1.2. The Refuge will supply the Contractor with any restrictions or directives contained in the approved Pesticide Use Proposal that must be followed in addition to what is listed on the herbicide label.

3.1.3. The government will provide a map of areas to be treated (Attachment 3) to the contractor and if needed, an aerial hazard map at the post award conference.

3.2. Facilities: The government will provide no facilities. At the post award conference, the government and contractor will discuss a designated location(s) for the vendor to land and refuel or refill spray tank for helicopters or UAS.

3.3. Utilities: The government will provide no utilities. The contractor will need to have a water truck capable of refilling spray equipment with fresh, low-mineral content water.

3.4. Equipment: The government will provide no equipment.

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES

4.1. General: The Contractor shall provide all personnel, labor, equipment, supplies (i.e., herbicides), transportation, tools, materials, supervision, and other non-personal services necessary to perform the requirements of this contract order and shall plan, schedule, coordinate, and ensure effective performance of required services for the entire duration of contract.

Treatment application shall be performed in such a manner as to protect non-target plant species, the environment, and the public. NOTE: The Contracting Officer reserves the right to require the Contractor to replace any operating personnel, or equipment used in the performance of this

Contract if the personnel, or equipment are violating, or have violated, any state or federal laws;

or are unsafe; or for any valid reason. In this event, the Contractor shall as soon as reasonably possible, upon written or verbal notice (to be later reduced to writing) from the Contracting Officer, provide replacements satisfactory to the Contracting Officer at no additional cost.

4.2. Services: Coordinate with the USFWS to determine the date(s) and time(s) of herbicide application to minimize impacts on other USFWS activities and ensure USFWS employee is available for oversight.

4.2. Materials: The contractor will provide all chemicals needed for application of the herbicide(s). Chemicals approved for use in this contract include glyphosate and imazapyr labeled for aquatic use. Application rates shall be no more than the maximum permitted by label for controlling species to be treated or otherwise specified in the approved Pesticide Use Proposal (PUP). The Refuge and the contractor shall agree on chemicals and rates prior to application. The contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures under an approved PUP.

Contractor will provide a GIS map showing the areas actually treated at the time services are delivered. If applicable, map will be broken out showing areas treated using different methods.

GIS polygon data showing actual acreage treated will be provided to the refuge no later than two weeks following application.

4.3. Equipment: The contractor shall provide the ground and/or aerial equipment, PPE, and any other supplies and equipment to complete the requirements of this PWS.

If UAS are to be used, the USFWS must make a determination if the equipment to be used is a covered or not covered UAS which affects data use. A X will be part of the bid proposal package.

5. SCOPE/ SPECIFIC TASKS

5.1. Basic Services: Herbicides by brand name, application rate, and adjuvants proposed for use by the contractor in the bid proposal must be approved by the Refuge through a PUP and Endangered Species Act Section 7 Consultation prior to application. The Refuge proposes that the contractor use the herbicides listed below that have been approved for use in 2023.

The contractor may propose different chemicals or tank mixes based on their experience, but work cannot proceed until a PUP is completed and approved for the herbicide(s) that will be used.

• Glyphosate: Roundup Custom, AquaNeat, Glyphoste 5.4, Rodeo

• Imazapyr: Polaris AC Complete, Arsenal Applicators Concentrate, Imazapyr 4SL

Application rate and use of surfactant or other additives will be proposed by contractor and agreed to or negotiated by the refuge before bid acceptance. Method, herbicide and rate, and additives and rate will be part of the bid proposal.

5.1.1. The contractor will coordinate with the COR/GR no less than 48 hours prior to applications to ensure a USFWS employee will be on site during application to make sure the contractor meets and follows all requirements outlined in this PWS.

5.1.2. Work performance shall be defined as 85% or more treatment of identified areas of phragmites up to agreed upon number of acres. The Contractor shall provide GIS polygon data for the areas treated within two weeks of treatment. Repeat applications, if required, will be at no additional cost to the Government. The COR/GR shall conduct surveys two-four weeks post treatment to determine if the 85% of the area has been treated using GIS and GPS.

5.2 Treatment Areas:

5.2.1. The alligatorweed varies from isolated, small patches to large, continuous patches of dense plants. Contractor should make best effort to treat as much of the alligatorweed in each Treatment Area as possible up to the agreed upon total acres.

5.2.2. Treatment Areas include canals and impoundments as described below with approximate measurements in the table. Actual infestation/coverage may differ from what is indicated.

• Sawyer Lake canal: canal with a steep bank running along Sawyer Lake Road, which is part of the Wildlife Drive and heavily used by Visitors.

• South Twiford B (ST-B) and ST- Cain : main impoundment canals for each impoundment; crops are planted in the impoundments.

• Creef A3: alligatorweed in main impoundment canal, v-ditches, and throughout the fields

• Creef A1N: alligatorweed in main impoundment canal, v-ditches, and throughout the fields

Treatment Area

Distance to Treat (feet) Width (feet) Acres

Min. % Cover by

Alligatorweed Min. Acres to Spray Sawyer Lake 14,011 20 6.4 75 4.8

ST-B & ST-C 11,281 20 5.2 75 3.9

Creef A3 110 60 66.0 Creef A1N 55 50 27.5 102.2

5.3. Special Considerations:

5.3.1. Treatments Areas at Alligator River NWR are within the farming unit that has organic soils. Inside the impoundment, equipment must be capable of operating on muck soils with minimal soil disturbance (i.e., low ground pressure and/or tracked equipment).

5.3.2. Some places have alligatorweed growing among other vegetation. In these cases, Contractor should limit treatment to just alligatorweed as much as possible, but some affect to mixed vegetation is acceptable. Damage to other non-target species, such as crops, must be avoided. Consult with the COR/GR if there are any concerns with a particular area of alligatorweed, prior to treatment.

5.3.3. The Contractor will be responsible for all unloading/loading operations and the safe transportation of herbicides. Movement of chemicals, water, and equipment in and around the treatment locations will be the sole responsibility of the Contractor. All personnel and equipment to be used will be appropriately licensed and certified for the work to be done. The Contractor will be responsible for providing sufficient equipment, fuel (for equipment), safety items, spill response kit, personnel and their subsistence needs during the project period, as well as checking all work sites for hazards of any type which could affect their ability to accomplish the spray project. Unused, mixed pesticides will be disposed of and spray equipment cleaning accomplished in accordance with local, state and EPA guidelines. The Contractor will ensure that no contamination of any water source occurs, that emergency spill containment equipment is at the worksite, and said spill equipment is capable of containing all potential herbicide spills from Contractor vehicles/equipment. The COR/GR shall be notified immediately of any herbicide spill or accident.

5.3.4. All spray tanks and mixing tanks must be properly cleaned (triple rinsed) prior to arrival because this will not be allowed on site. Dispose of all empty herbicide and surfactant containers according to state and federal regulations. Rinse water may not be released on the refuge

5.3.5. The Contractor will supply equipment to meter chemicals and water mixtures, and will provide mixing and loading equipment and water. Water hauling services will be required. The Contractor must be capable of calibrating equipment to the final application rate specifications.

5.4. Safety:

5.4.1. Public and contractor safety must be ensured when spraying or using pesticides. Some treatment areas are open to the public with some areas adjacent to crops of our cooperative farmer. The Contractor shall mitigate for herbicide contamination on federal land and any adjacent waters. Any fines or penalties for herbicide contamination or resultant environmental damage shall be the responsibility of the Contractor.

5.4.2. Treatment areas will be posted with appropriate Restricted Entry Interval (REI). The contractor should coordinate with the COR/GR if needed to assist with sign removal after the REI is over.

5.4.3. The Contractor shall be responsible for complying with the label and Safety Data Sheets (SDS) for each chemical used and making these SDSs readily available to all contract employees working with chemicals.

6. DELIVERABLES

6.1. Data: Treatment data to include a chemical use report and polygon of areas treated in a shapefile format. Chemical use report should detail total amount of pesticides applied by name, total acres sprayed, method used, and estimated efficacy of treatment. GIS data of the areas sprayed will be provided in a shapefile format with a projection of either WGS 84 or NAD 83 within two weeks of treatment.

6.2. Schedule:

Deliverable Frequency # of Copies Medium/Format Submit To Chemical Use Report Within 2 weeks following fall treatment and again within 2 weeks following spring treatment

1 Electronic/ Narrative or table

Kelley Van Druten at kelley_vandruten@fws.gov

GIS data of area sprayed

Within 2 weeks following fall treatment and again within 2 weeks following spring treatment

1 Electronic/ Shapefiles

Kelley Van Druten at kelley_vandruten@fws.gov

7. EVALUATION AND ACCEPTANCE

7.1. The Contractor will be evaluated as detailed herein. The task shall be considered completed following a thorough final inspection of the treated areas by the COR/GR, and only if it is determined that the Contractor treated 85% or more of the alligatorweed within the delineated area. It shall be the responsibility of the Contractor to re-treat areas until 85% or more of the area is treated at no additional cost to the Government.

7.2. Surveillance Methods:

7.2.1. The COR/GR reserves the right to inspect, at any time upon notice to the Contractor, the Contractor’s procedures, spray system, spray solution, and other ancillary equipment, and operating personnel. Inspection, however, shall not relieve the Contractor of any obligations or responsibilities, nor shall it transfer any liability to the Refuge.

7.2.2. The Contractor shall be responsible for notifying the COR/GR when treatment is completed so that the project area can be inspected 2-4 weeks post treatment. Within a treated area, 85% of the treated vegetation should showing significant yellowing or decline 2-4 weeks post treatment.

8. BID PROPOSAL

8.1. Contract is a Firm-Fixed price contract.

8.2. Prospective contractors shall designate what method (ground, aerial-UAS, aerial – helicopter) will be used in what areas. Bids shall be submitted on a cost per acre/per method basis and as a total project cost for all acres. If funds are not sufficient to cover total project cost, award may be made based on the cost per acre per method price.

8.3. Bids should include spray method to be used in which Treatment Area, brand name of herbicide(s) and adjuvants to be used, and their proposed application rates.

8.4. If UAS will be used, a X sheet must be filled out and attached to bid.

9. ATTACHMENTS

9.1. Attachment 1 – Performance Requirements Summary

9.2. Attachment 2 – Bid Proposal Sheet

9.3. Attachment 3 – Treatment Area Map

9.4. Attachment 4 – DOI Covered UAS Assessment Guide

ATTACHMENT 1

Performance Requirements Summary

Performance

Objective Standard Performance

Threshold Method of

Surveillance Positive Or Negative

Incentive

PRS # 1.

The contractor, employees and pilots shall have required licenses/certificates.

Refer to 1.6.4

100% compliance.

Zero Deviation

Visual Inspection of licenses / certificates.

Positive:

Favorable performance review; prompt payment of invoices.

Negative: Possible Termination for Default.

Negative past performance evaluation.

PRS # 2

The contractor shall provide application of approved herbicides via approved methods.

Refer to Parts 4 and 5.

85% compliance

(Application must cover at least 85% of the alligatorweed in

Treatment Areas).

Positive:

Favorable performance review; prompt payment of invoices.

Negative: Retreat missed areas at no additional expense to the government. Negative past performance evaluation.

PRS # 3

The contractor shall protect government and private property and public safety at all times

Refer to 5.3 and 5.4.

Zero deviation

Favorable performance review; prompt payment of invoices.

Negative: Restore damages to the condition found prior to damage at no additional expense to the government. Negative past performance evaluation.

PRS # 4

Contract deliverables shall be delivered in a timely and appropriate manner.

Refer to Part 6.

Zero deviation

Favorable performance review; prompt payment of invoices.

Negative: Restore damages to the condition found prior to damage at no additional expense to the government. Negative past performance evaluation.

ATTACHMENT 2

Bid Proposal Sheet

Contract Cost – List any method and cost per acre that you intend to use.

Method 1: ___________________________ Cost per acre: _________________

Area(s) to be treated: ______________________________________________________

Method 2: ___________________________ Cost per acre: _________________

Method 3: ___________________________ Cost per acre: _________________

Total project cost: ___________________________

Herbicide Information

1) Brand name of herbicide 1: __________________________________________________

Application rate: __________________________________________________________

2) Brand name of herbicide 2: __________________________________________________

Application rate: __________________________________________________________

3) Brand name of Adjuvant: ____________________________________________________

Application rate: ___________________________________________________________

4) Additional herbicide information: ______________________________________________

ATTACHMENT 3