PWS_Forestry and Invasive Species Management.doc

PERFORMANCE WORK STATEMENT (PWS)

Forestry and Invasive Species Management Part 1 General Information

1. General: This is a non-personal services contract to manage invasive species and improve forest habitat for both natural resources and military training. 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: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform as defined in this Performance Work Statement except for those items if any specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: The Directorate of Public Works, Environmental Management Division (DPW-EMD) requests contract assistance with necessary certifications to continue the work of invasive species control and forest habitat improvement that was begun in earnest in 2016. Invasive species management is at the forefront of biodiversity conservation, and must be addressed annually until controlled. Likewise, forest habitat enhancement has the two goals of improving Soldier training opportunities and preserving biodiversity. The continuing emphasis will be on habitat enhancement to reflect the Army emphasis on new conservation goals. The operation of the Environmental Management Division is critical to the installation's regulatory compliance stance as well as to the successful execution of the military mission on Fort Lee.

In accordance with FAR 7.503(e), projects for execution under this Contract do not include any functions to be performed that are inherently Governmental. This determination is made with the assessment that places emphasis on the degree to which conditions and facts restrict the discretionary authority, decision-making responsibility, or accountability of Government officials using Contract services or work products.

In accordance with FAR 37.104, this contract shall not be used for performance of personal services. These tasks provided by the customer for execution under this contract do not include functions to be performed that are personal services.

1.3 Objectives: This Scope seeks to monitor and improve forest habitat quality, enhance pollinator habitat, and further the goals of invasive species management. The effort will require extensive experience and certifications as spelled out in Section 1.6.7 and a flexible work force that can coordinate their efforts in conjunction with live fire training on the ranges. Work will involve chemical application of herbicides, mechanical habitat modification, and planting of selected species as required to achieve landscape planning objectives toward a desired set of conservation goals. Goals include habitat improvement for Soldiers, monitoring changes in forest health and viability, reduction in the quantity and distribution of invasive species, and enhancement of existing habitat to accommodate an increase in pollinating species. These functions are consistent with Fort Lee's requirements under AR 200-1 and the Sikes Act, and are priorities in the next iteration of the Integrated Natural Resource Management Plan (INRMP).

1.4 Scope: The Contractor shall provide technical support for Environmental Division operations and coordination at Fort Lee. This shall ensure compliance with all Federal, State, local, and Army regulations. Deliverables include those tasks enumerated in Sections 5.2.1. – 5.2.4

1.5 Period of Performance: The period of performance shall be for one base year and four option years. The Period of Performance reads as follows:

Base Year: 15 September 2020 – 14 September 2021

Option Year One: 15 September 2021 – 14 September 2022

Option Year Two: 15 September 2022 – 14 September 2023

Option Year Three:15 September 2023 – 14 September 2024

Option Year Four: 15 September 2024 – 14 September 2025

1.6 General Information

1.6.1 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. 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).

1.6.2 Recognized Holidays: (Contractor is not required to work on below 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: The contractor is responsible for conducting business, between the hours of 0630 - 1800 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. 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. There may be instances where work will need to occur outside of the days and hours indicated for a specific conservation objective. For those periods, there may be an adjustment to the normal work schedule to accommodate the change.

1.6.4 Place of Performance: The work to be performed under this contract will be performed entirely on the grounds of Fort Lee.

1.6.5 Type of Contract: The government will award a (Type of contract to be determined by CCE and the customer).

1.6.6 Security Requirements: The Contractor shall be required to coordinate all security access requirements with the individual installations and/or the COTR.

1.6.6.1 PHYSICAL Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.6.2 Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.6.6.2.1. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.6.6.2.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.6.7 Special Qualifications: The Contractor must have at least 10 years forestry experience in Virginia and must have recognized knowledge in the identification and control of mid-Atlantic invasive species. Previous experience working on Fort Lee is preferred. The Contractor must have proof of certification and/or licensing in the following forest management methodologies:

a. Prescribed Burn Manager Certification in Virginia

b. Certifide arborist

c. Pesticide Applicator Licensing with certification in ALL of the following categories:

1) Aquatic Pest Control

2) Forest Pest Control

3) Demonstration and Research

4) Right-of-Way Pest Control

5) Ornamental Control

No substitution of experience or certifications will be accepted.

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, Contracting Officers Representative (COR), 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 (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: ensure 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 COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.10 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, 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.

1.6.11 Other Direct Costs There should be no other direct costs associated with this contract other than the costs assigned with each task.

1.6.12 Data Rights : The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.13 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.

1.6.14. Training: 1) AT Level I Training: The Technical / Managerial support shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the PWS, whichever is applicable. The Contractor shall submit certificates of completion for each affected employee and sub-awardee employee, to the COR or to the KO, if a COR is not assigned, within 15 calendar days after completion of training by all Contractor and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html

2) The Contractor will be briefed on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR/KO. This training will be completed within 30 calendar days of contract award and within 15 calendar days of new employees commencing performance with the results reported to the PM NLT 45 calendar days after contract award.

3) Per AR 530-1, Operations Security, technical support staff shall complete Level I OPSEC training within 30 calendar days of their reporting for duty. The technical support staff shall complete annual OPSEC awareness training and adhere to organization’s security program. Training can be found at: http://cdsetrain.dtic.mil/ and select "OPSEC Awareness for Military Members, DoD Employees and Contractors" or https://www.iad.gov/ioss/ and click "Login/Register."

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. 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.

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

2.2. ACRONYMS:

ACOR

Alternate Contracting Officer's Representative

AFARS

Army Federal Acquisition Regulation Supplement

AR

Army Regulation

CCE

Contracting Center of Excellence

CFR

Code of Federal Regulations

CONUS

Continental United States (excludes Alaska and Hawaii)

COR

Contracting Officer Representative

COTR

Contracting Officer's Technical Representative

COTS

Commercial-Off-the-Shelf

DA

Department of the Army

DD250

Department of Defense Form 250 (Receiving Report)

DD254

Department of Defense Contract Security Requirement List

DFARS

Defense Federal Acquisition Regulation Supplement

DMDC

Defense Manpower Data Center

DOD

Department of Defense

FAR

Federal Acquisition Regulation

HIPAA

Health Insurance Portability and Accountability Act of 1996

KO

Contracting Officer

OCI

Organizational Conflict of Interest

OCONUS

Outside Continental United States (includes Alaska and Hawaii)

ODC

Other Direct Costs

PIPO

Phase In/Phase Out

POC

Point of Contact

PRS

Performance Requirements Summary

PWS

Performance Work Statement

QA

Quality Assurance

QAP

Quality Assurance Program

QASP

Quality Assurance Surveillance Plan

QC

Quality Control

QCP

Quality Control Program

TE

Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Contractor shall provide sufficient technical, supervisory, and administrative personnel to insure the expeditious accomplishment of the work specified in this PWS.

3.2 Facilities: There will be no need for facility space for contractor use in this contract.

3.3 Utilities: If for unknown reasons, facility use is required, the Government will provide all utilities in the facilities available for the contractor’s use in performance of tasks outlined in this PWS. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

3.4 Equipment: During the course of this contract, if any Government supplied office space, telephone, drafting, printing, copying, photography, or field supplies are used by the Contractor, they will be supplied by Fort Lee, and will remain the property of the Government. A Government contractor ID may be issued in order to ensure access to Fort Lee and other installations.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General : The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract.

4.2 Equipment The Contractor shall provide the necessary safety equipment and Personal Protective Equipment in order perform the duties outlined in parts 1.6.7.1 – 1.6.7.5.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. To provide forestry and habitat management support for the Natural Resource Program of Fort Lee’s Environmental Management Division (EMD).

5.2 Deliverables

Once

5.3. CONTRACTOR MANAGEMENT REPORTING (CMR) : The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor shall completely fill in all the information in the format using the following web address https://Contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative (COTR) or also know as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

PART 6

APPLICABLE PUBLICATIONS

6. Applicable Publications (Current Editions)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

AR – 200

Sikes Act

Endangered Species Act

Migratory Bird Treaty Act

EO 13186

The Migratory Bird Rule

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

Attachment 1/Technical Exhibit 1 – Performance Requirements Summary (This document is required for every PWS. See attached example for format.)

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

(The Service required—usually a shall statement)

Method of Surveillance

PRS # 1.

The Contractor shall conduct a comprehensive forest and habitat inventory and invasive species survey.

The contractor provides deliverables identified in PWS paragraph 5.2.1.

PRS # 2

The Contractor shall execute chemical control measures to eradicate highly invasive species across six forest compartments and multiple other designated areas.

The contractor provides deliverables identified in PWS paragraph 5.2.2.

PRS # 3

The Contractor shall improve forest habitat by reducing densities of unwanted species across five forest compartments.

The contractor provides deliverables identified in PWS paragraph 5.2.3.

PRS # 4

The Contractor shall conduct prescribed burns on up to 150 acres as determined by firebreaks and fuel loads.

The contractor provides deliverables identified in PWS paragraph 5.2.4.

PRS # 5

The Contractor shall sustain viability of multiple pollinator habitats and create at least one new habitat to generate a collective total of at least one acre.

The contractor provides deliverables identified in PWS paragraph 5.2.5.

monthly

PRS #6

The contractor shall deploy a mechanical forestry mower to convert habitat from vegetated to open, on between 30 and 50 acres, as needed to meet management goals.

7.1. Attachment 2/Technical Exhibit 2 – Deliverables Schedule Deliverables are identified in Sections 5.2.1 – 5.2.5

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

7.3 Attachment 3/Technical Exhibit 3 – Estimated Workload Data

TECHNICAL EXHIBIT 3

ESTIMATED WORKLOAD DATA - N/A