San_Bernard_Herbicide_Application_SOW_2024-02-12.pdf

140FS224Q0099 Aerial Treatment of Invasive Species Page 1 of 7

Eagle Nest Lake Unit

San Bernard National Wildlife Refuge

PERFORMANCE WORK STATEMENT

PART 1

GENERAL INFORMATION

1. GENERAL: This is a non-personnel services contract to provide aerial herbicide application for treatment of invasive species for the U.S. Fish & Wildlife Service (Service).

2. The Service shall not exercise any supervision or control over service providers performing part or all the services herein. Such service providers shall be accountable solely to the contractor who, in turn is responsible to the Service.

1.1 Description of Services/Introduction: The contractor shall provide all surfactant, drift control, personnel, equipment, supplies, facilities, transportation, tools, supervision, and other items and non-personnel services necessary to perform aerial herbicide application using a tank mix of Glyphosate 5.4 (or equivalent) and

Ecomazapyr 2 SL (or equivalent) to 986 acres on the Eagle Nest Lake Unit of San Bernard National Wildlife

Refuge (Refuge). The contractor shall perform to the standards in this contract.

1.2 Background: Eagle Nest Lake is a shallow freshwater lake that is approximately 2000 acres in size. It has provided wintering habitat for migratory waterfowl and other water birds in addition to the resident area wildlife.

Over the last several decades, giant cutgrass, water lettuce, water hyacinth, and Cuban bulrush have begun to overtake the lake, thus greatly reducing habitat productivity. Chemical treatment is required in order to reduce the invasive species, provide open water and allow beneficial wetland plants to grow. Application of the

Glyphosate 5.4 (or equivalent) and Ecomazapyr 2 SL (or equivalent) tank mix will control the invasive species and open up Eagle Nest Lake, improving wildlife habitat. See Figure 1 in Part 5 below, and the attached KMZ files of the lake.

1.3 Objectives:

• Aerially apply, with rotary wing aircraft (required by herbicide label for aquatic uses), a tank mix of

Glyphosate 5.4 and Ecomazapyr 2 SL across 986 acres of Eagle Nest Lake on the Refuge, as outlined in

Figure 1 and the attached KMZ files.

• Herbicide will be applied to actively growing foliage during the period from April 1st – September 15th.

• Full coverage over the designated areas using the following application rate:

o Glyphosate 5.4 (or equivalent) – 4 pints/acre o Ecomazapyr 2 SL (or equivalent) – 4 pints/acre

• Surfactant and drift control is to be used per chemical label instructions.

• Outlines are unit boundaries, but application will be determined by vegetation presence and actual limit of targeted vegetation. Application should not occur over portions of the mapped area if the target vegetation is not present. Pilot should discuss the units with the Contracting Officer Representative (COR) or refuge manager.

1.4 Scope: The Company must use rotary wing aerial application methods that will provide coverage over target vegetation and apply chemical during desirable weather conditions for best results.

1.5 Period of Performance: The period of performance shall be for five and a half (5.5) months between the months of April 1st to September 15th of 2024.

1.6 General Information:

1.6.1 Quality Control (QC): The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this Performance Work Statement (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

140FS224Q0099 Aerial Treatment of Invasive Species Page 2 of 7 his work complies with the requirement of the contract. The Quality Control Program (QCP) is to be delivered within 30 days after contract award or with the contractor’s proposal if it is an evaluation factor, three copies of a comprehensive written QCP shall be submitted to the contracting officer (CO) and COR within 5 working days when changes are made thereafter. After acceptance of the QCP, the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

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 Federal Holidays: The Contractor is not required to perform work on these holidays but may if they want to.

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veterans Day

Memorial Day Thanksgiving Day

Juneteenth National Independence Day Christmas Day

Independence 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 the Eagle

Nest Lake Unit of San Bernard National Wildlife Refuge. Please see the attached .KMZ file for exact directions.

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

1.6.7 Gate Locks: N/A

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 CO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the CO 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 Curtis Jones. The COR’s contact information is: 6801 County Road 306, Brazoria, TX 77422 or phone at 979-964-3639 (office). 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

140FS224Q0099 Aerial Treatment of Invasive Species Page 3 of 7 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 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 costs and scheduling of any travel.

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 CO 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 CO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the CO 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. 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.

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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

CCE Contracting Center of Excellence

CFR Code of Federal Regulations

COR Contracting Officer Representative

COTR Contracting Officer's Technical Representative

COTS Commercial-Off-the-Shelf

FAR Federal Acquisition Regulation

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

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. 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 and facilities for this contract.

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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 provide only the Glyphosate 5.4 (or equivalent) and Ecomazapyr 2 SL (or equivalent) herbicide required for the contract. All other material will be supplied by the Contractor.

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 that are not listed under Section 3 of this PWS.

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

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1. Basic Services: The contractor shall provide surfactant and drift control, along with mixing, for the aerial application of herbicide on the treatment areas shown outlined in yellow below and in the attached KMZ files.

The refuge boundary for this tract is outlined in red.

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Figure 1: Area to treat with Glyphosate 5.4 (or equivalent) and Ecomazapyr 2 SL (or equivalent) mix; Approximately 986 acres as shown outlined in yellow in the above map of Eagle Nest Lake on San Bernard National Wildlife Refuge.

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. Attachment/Technical Exhibit List:

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

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

TECHNICAL EXHIBIT 1

PERFORMANCE REQUIREMENTS SUMMARY

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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

Standard

Performance

Threshold

Method of

Surveillance

PRS # 1.

• Glyphosate 5.4(or equivalent) and

Ecomazapyr 2 SL

(or equivalent) mix shall be applied over entire area as outlined by the KMZ File.

• GPS: 95.611191°

W, 29.223194° N to center of Eagle

Nest Lake

• The contractor will provide the drift control and surfactant for spraying over all units.

• Spraying will be for entire area of each unit.

• Weather must meet label instructions.

• Use application rates in accordance with the label and identified above.

• 85% or greater mortality rate over unit

< Five (5) percent deviation from the standard.

100% Inspection.

COR will inspect work on a daily basis.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To

All work to be completed between the months of April

1st to September 15th of 2024.

NA