PWS_SAGE_FIRE_Invasive_Treatment_20240402_for_contracting.pdf

PERFORMANCE WORK STATEMENT (PWS)

Invasive Weed Treatment for the Sage Fire San Diego National Wildlife Refuge, Jamul California

Part 1

General Information

1. GENERAL: This is a non-personal services contract to provide invasive weed treatments within and adjacent to the Sage Fire footprint at the San Diego National Wildlife Refuge, Jamul, California 91935. The service provided by the Contractor will be to treat invasive weed species that invade the burn area and that are adjacent to the burn, to prevent the area from converting from native habitat to an invasive weed species dominated area. Treatments include manual and mechanical (e.g., hand cutting weed seed heads, bagging, and removing, string/blade trimmers) and chemical (e.g., herbicides targeted to the specific invasive weed species and that are approved by the U.S. Fish and Wildlife Service’s (USFWS) Pesticide Use Proposal System (PUPS). The primary invasive weed species to be treated are crimson fountaingrass (Pennisetum setaceum), fennel (Foeniculum vulgare), stinkwort (Dittrichia graveolens), black mustard (Brassica nigra), castor bean (Ricinus communis), Russian thistle (Salsola sp.), and potentially some non-native annual grass and forb species, and any novel weed species invading the treatment area. 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 invasive weed treatments within and adjacent to the burned area 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 Sage Fire started on November 23, 2023, and burned approximately 40 acres of coastal sage and chaparral habitats that support endangered and threatened species on a steep slope and ridgeline north of State Route 94. The entire fire and suppression efforts occurred within designated critical habitat for the Federally Threatened Hermes copper butterfly (Lycaena hermes) and coastal California gnatcatcher (Polioptila californica californica).

The federally endangered Quino checkerspot butterfly (Euphydryas editha quino) was also recorded in the area during surveys in 2001. No direct mortality or injury to any threatened or endangered species was observed in the fire area. A small team of USFWS Refuge, Ecological Services, and Fire Management staff reviewed the fire and suppression activity impacts and conducted a post-fire assessment of values at risk, and recommended actions to protect or restore those values, including reducing risk of invasive plant spread in burned areas and recovery of native vegetation and wildlife habitats.

1.3 Objectives: Locate and treat weed species within and adjacent to the burn area, avoiding recovering native plants. Treat weeds using a variety of equipment and methods as appropriate for maximum control. Achieve target weed reduction goals outlined below with the objective of allowing native species to recover from burn effects and minimize the negative impact of non-native weeds on that recovery.

1.4 Scope: The contractor shall provide all personnel, equipment and supplies to spot treat infestation of invasive weeds in and adjacent to the burn area. The contractor shall accomplish eradication of weed species crimson fountaingrass, fennel, stinkwort, black mustard, castor bean, Russian thistle, and any novel invasive weeds that may invade the area during the period of performance; no more than 1% cover of the burn area and 200 feet around the burn area will support these species. To the extent possible, other non-native invasive species (e.g., redstem fillaree (Erodium cicutarium), wild oat (Avena barbata)) will be treated to reduce their cover to no more than 20% of the burn area and 200 feet around the burn area. This percentage of cover is higher due to the high prevalence of these and other non-native grass and forb species in the area.

1.5 Period of Performance: The Period of Performance shall be from the Date of Award to 12/14/2024.

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. The FWS will evaluate efficacy of treatment which should take place about a month after treatment. If treatment not working, contractor would need to re-treat area(s).

1.6.2 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).

1.6.3 Recognized Holidays:

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

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 7:30 AM and 5:00PM 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.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at the San Diego National Wildlife Refuge, Sage Fire burn area, north of State Route 94 approximately 0.5 miles east of Rancho Miguel Road and 0.6 miles west of Vista Sage Lane, Jamul, CA 91935.See Figure 1.

1.6.6 Type of Contract: The government will award a Firm-Fixed Price Contract.

1.6.7 Security Requirements: Not Applicable.

1.6.7.1 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 especially gates, equipment, and materials shall be secured.

1.6.7.2 Key Control. The contractor will be issued a key to the refuge gate or will be allowed to put a lock on the gate to facilitate their access. Lock must be removed at the end of the contract.

1.6.7.3 Lock Combinations. The contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the contractor’s Quality Control Plan.

1.6.8 Special Qualifications: Contractor and crews must have experience in controlling by mechanical and chemical methods a suite of invasive non-native plants, including those described above, in a Southern California coastal sage scrub and chaparral site containing federally listed threatened and endangered or other sensitive species that must be avoided.

Contractor must provide documentation of past experience in such a project. Contractor or key personnel must also possess a valid California pesticide applicators permit.

1.6.9 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.

1.6.10 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: 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 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.

1.6.11 Key Personnel: The follow personnel are considered key personnel by the government:

Refuge Manager, Deputy Project Leader, Fire Management Officer. 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 and 4:30 PM, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Qualifications for key personnel field personnel are listed in Section are listed in 1.6.8 Special Qualifications.

1.6.12 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.

1.6.13 Contractor Travel: Not Applicable.

1.6.14 Other Direct Costs: Not Applicable.

1.6.15 Data Rights: Not Applicable.

1.6.16 Organizational Conflict of Interest: Not Applicable

1.6.17 Phase In/Phase Out Period: Not Applicable.

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. 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:

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 Government will provide access to the work site, including a key for the access gate. COR, Refuge or Fire staff will orient the contractor with a site visit prior to work starting.

3.2 Facilities: Not Applicable.

3.3 Utilities: Not Applicable.

3.4 Equipment: Not Applicable.

3.5 Materials: Not Applicable.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all personnel, supplies, materials, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Secret Facility Clearance: Not Applicable.

4.3. Materials: Contractor shall supply all materials needed to complete the invasive weed treatments, including herbicides, herbicide additives, and water for mixing. There is no electrical or water on-site.

4.4. Equipment: The Contractor shall provide all equipment necessary to complete the treatments, including, but not limited to, herbicide application equipment, personal protective equipment, spill kits, hand and mechanical tools, trash bags for disposing of cut seed heads, trash removal, worker restroom.

4.5 Minimization of impacts to extant habitat: Contractor must be aware of native plants recovering from the effects of the fire and minimize weed treatment and trampling impacts to those species.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services: The contractor shall provide services for treatment of invasive non-native weed species within the burn area and within 200 feet outside the burn.

5.2. Specific Services: Locate and treat weed species within and adjacent to the burn area.

Treat weeds using a variety of equipment and methods as appropriate for maximum control.

Use herbicides only in strict compliance with manufacturer’s label and state and federal regulations. Areas closer than 25 feet of waterways may only be manually or mechanically treated. Record treatments and report. Monitor treatment effectiveness and report.

1. Locate and treat invasive weed infestations within the burned area and within 200 feet outside the fire perimeter.

2. Treat invasive weed using a variety of equipment and methods including manual, mechanical or chemical means as appropriate. For any herbicide treatments, herbicide storage, transportation, application, and disposal will be conducted in strict accordance with manufacturer’s label directions, tribal and federal regulations, and NEPA compliance documents. Certified herbicide applicators will determine the appropriate chemical to use for the species of invasive weed treatment, in consultation with Contracting Officer (CO), Contracting Officer’s Representative (COR) and/or Refuge staff and in compliance with the PUPS. Herbicide applications will only be made by qualified applicators according to the label and following state and federal regulations. All applications must be documented and reported according to state and federal guidelines.

3. Areas located along streams or near known cultural resource sites where herbicide will not be applied will be treated manually or mechanically according to best management practices.

4. Apply control treatments prior to seed-set. Any mature seed heads should be collected and bagged for disposal.

5. Record treated areas by GPS. Maintain location, species, extent of infestation, treatment used, amount of chemical applied, area applied to, and detection and treatment dates in a GIS database and provide to Refuge staff for PUPS data reporting needs.

6. Monitor treatment efficacy to ensure treatment success as measured by invasive weed population decline and report results including photo documentation to COR.

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 related to the application of pesticides/herbicides on weed species in California.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

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)

Standard Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of Surveillance

PRS # 1.

The Contractor shall locate and treat invasive weed infestations within the burned area and within 200 feet outside the fire perimeter.

The Contractor provided service should meet industry standard practices.

No deviation from standard.

100 Percent Inspection

PRS # 2

The Contractor shall treat invasive weed using a variety of equipment and methods including manual, mechanical or chemical means as appropriate, in strict accordance with manufacturer’s label directions, tribal and federal regulations, and NEPA compliance documents. Certified herbicide applicators will determine the appropriate chemicals in consultation with Contracting Officer (CO), Contracting Officer’s Representative (COR) and/or Refuge staff and in compliance with the PUPS. Herbicide applications will only be made by qualified applicators according to the label and following state and federal regulations. All applications must be documented and reported according to state and federal guidelines.

should meet herbicide application for habitat restoration per industry standard practices.

Mortality of at least 99% of non-native weeds within 2 weeks of herbicide application and living non-native weeds be less than 1% of total plant cover in the burn area and 200 feet around the burn area crimson fountaingrass (Pennisetum setaceum), fennel (Foeniculum vulgare), stinkwort (Dittrichia graveolens), black mustard (Brassica nigra), castor bean (Ricinus communis), Russian thistle (Salsola sp.). To the extent possible, other non-native invasive species (e.g., redstem fillaree (Erodium cicutarium), wild oat (Avena barbata)) will be treated to reduce their cover to no more than 20% of the burn area and 200 feet around the burn area.

PRS # 3

The Contractor shall avoid areas along streams or near known cultural resource sites for herbicide application but will manually or mechanically treat. according to best management practices.

should meet herbicide application for habitat restoration per industry standard practices.

PRS # 4

The Contractor shall apply control treatments prior to seed-set. Any mature seed heads shall be collected and bagged for disposal.

PRS # 5

The Contractor shall record treated areas by GPS. Other data collected shall include location, species, extent of infestation, treatment used, amount of chemical applied, area applied to, and detection and treatment dates in a GIS database and provide to Refuge staff for PUPS data reporting needs.

PRS # 6

Monitor treatment efficacy to ensure treatment success as measured by invasive weed population decline and report results including photo documentation to COR.

Figure 2. Sage Fire seen from eastern flank.

Figure 3. Steep terrain within and adjacent to the Sage Fire.

Figure 4. Northern flank of the Sage Fire.

Figure 5. Fountain grass burned and adjacent to the burn area of the Sage Fire.