Performance Work Statement (PWS).docx

Dworshak Treatment of Noxious and Pest Weeds 2024

PERFORMANCE WORK STATEMENT (PWS)

Part 1 – General Information

1.1 General: This is a non-personal services contract to provide chemical and mechanical treatment of noxious and pest weeds on U.S. Army Corps of Engineers (COE) owned lands around Dworshak Dam and Reservoir (Dworshak Project). The Government will not exercise any supervision or control over Contractor employees. Contractor employees shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.2 Introduction: The Contractor shall provide all personnel, equipment, personal protective equipment (PPE), supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform chemical and mechanical treatment of noxious and pest weeds as defined in this Performance Work Statement

1.3 Background

1.3.1 The COE has a mission to manage natural resources and act as steward of its lands and waters. Vegetation control is part of the COE’s natural resources management mission to “manage and conserve those natural resources, consistent with ecosystem management principles, while providing quality public outdoor recreation experiences to serve the needs of present and future generations.” The spread of noxious and pest weeds is a major threat to the management and conservation of those resources.

1.3.2 Dworshak Project staffs recognize this threat and have focused efforts on weed control through the use of chemical, mechanical, and biological control measures. The current Dworshak Weed Management Plan employs the use of chemical control in areas accessible by vehicle or deemed critical for immediate containment/eradication. Mechanical control is used in areas deemed unsuitable for the use of chemical or biological control methods.

1.4 Scope and Total Acres to be Treated

1.4.1 Summary. Work on this contract includes application of appropriate herbicides to kill noxious and pest weeds along roads and across designated treatment areas on COE-owned lands around Dworshak Dam and Reservoir. Plant species to be treated are those designated as noxious by the State of Idaho as of January 1 of the current calendar year, as well as the following pest species (Common Name and USDA Symbol):

Bull Thistle (CIVU) Chicory (CIIN) Common Cocklebur (XAST) Common Mullein (VETH) Common Tansy (TAVU) Dog Rose (ROCA3) Oxeye Daisy (LEVU) Garden Coneflower (CECY2) Meadow Knapweed (CEDE5) St. John’s wort (HYPE) Sulfur Cinquefoil (PORE5) Tree of Heaven (AIAL) Ventenata (VEDU)

Note: All herbicide application must follow the USACE, Walla Walla District, Pest Management Program Implementation Instructions, dated August 22, 2017, available online at: https://www.nww.usace.army.mil/Missions/Projects/Pest-Management/ (select Terrestrial Pest Management Program Instructions under Terrestrial Instructions).

1.4.2 General Herbicide. A portion of the herbicide treatment under this contract shall be General Herbicide (broadleaf control) treatment totaling approximately 148 acres (one treatment of 145.70 acres, and a second treatment for approximately 2.3 acres). The Contractor shall apply herbicides in a manner and of sufficient measure to kill noxious and pest weed species within the treatment areas depicted on the attached maps and treatment area descriptions (see Attachments 1, 2, and 3).

1.4.3 Bracken Fern. Work on this contract also includes the herbicide treatment of bracken fern within multiple areas totaling approximately 20 acres. The specific area has not been identified yet but will be within the mitigation area on the attached map (see Attachment 4).

1.5 Special Qualifications

1.5.1 Licensing. The successful offeror shall possess an Idaho State Professional Pesticide Applicator’s License or equivalent in order to be eligible for award. A copy of the valid license must be provided with the proposal. All herbicide applications shall be performed or directly supervised by an applicator with a current and valid Applicator’s License.

1.5.2 Training. Contractor employees performing chemical application shall be able to identify target weed species in all stages of development, as well as distinguish between those weed species and other non-target species. The Contractor shall ensure all individuals involved in herbicide handling and/or application are instructed and knowledgeable on the Contractor’s Spill Contingency Plan.

1.6 General Information

1.6.1 Type of Contract. The Government will award a firm-fixed-price contract.

1.6.2 Period of Performance. The period of performance shall be from May 1 through August 31, 2024, inclusive, according to the accepted work plan (see 1.7.4 below). Due to expected local weather conditions, initial treatment work identified in GPS point 1 through 64 and 147 in this contract must be completed no later than June 15, 2024. The Grandad treatment area shall also be performed mid-summer to early fall. The second treatment of GPS points 24, 25, 26, & 35 (2.3 acres at Dworshak Dam) shall be performed on a weekday during the period of July 8 through August 2, 2024. Due to variations in weather patterns, circumstances may warrant changes in the required date ranges above; any changes to these date ranges must be approved by the COR in writing.

1.6.3 Place of Performance. The work under this contract will be performed on COE-owned lands around Dworshak Dam and Reservoir, located near Orofino, Idaho. The areas designated for treatment include: the immediate area around the town of Ahsahka and the Ahsahka Hillside, the area around Dworshak Dam and Grandad Elk Mitigation Area. Proposed treatment areas are described in detailed charts and shown on the project maps (see Attachments 2, 3 and 4).

1.7 Coordination

1.7.1 Key Contractor Personnel. The Contractor shall provide a Contract Representative 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 COR. The Contract Representative and alternate shall have full authority to act for the Contractor on all matters relating to daily operation of this contract.

1.7.2 Contracting Officer Representative (COR). The Government’s COR monitors all technical aspects of the contract and assists in contract administration. A letter of designation issued to the COR, a copy of which is provided 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. Neither the COR, nor any Government employee, is authorized to change or waive any of the terms and conditions of this contract.

1.7.3 Post-award Conference. The Contractor agrees to attend a post-award conference convened by the COR prior to the start of work at the site. The Contracting Officer (KO), COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. These meetings shall be at no additional cost to the Government.

1.7.4 Contractor’s Work Plan. The Contractor shall prepare a Work Plan that details the proposed timeframes for treatments within the periods of performance described in paragraph 1.6.2. The Contractor shall submit their Work Plan in accordance with Technical Exhibit 2, Deliverables Schedule. Also see paragraph 3.2.2 for special considerations regarding scheduling Bracken Fern treatments.

1.8 Quality Control and Quality Assurance

1.8.1 Contractor Quality Control Plan (QCP). The Contractor shall develop and maintain an effective quality control program to ensure services rendered for payment meet the objectives of this PWS and the accompanying Performance Requirements Summary (Technical Exhibit 1). The QCP must include:

· A description of the methods to be used for identifying and preventing defects in the quality of service performed.

· A description of experience and training of Contractor employees with regard to identifying plant species (both targeted weed species to treat and similar non-target weed species to avoid).

· A description of the records that are to be kept to document inspections and corrective or preventive actions that have or may be taken.

The Contractor shall submit its QCP in accordance with Technical Exhibit 2, Deliverables Schedule.

1.8.2 Government Quality Assurance. The Government will evaluate the Contractor’s performance and the effectiveness of its QCP in accordance with the Quality Assurance Surveillance Plan (QASP). The QASP defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). The QASP will be reviewed at the Post-award Conference and a copy provided to the Contractor. The Government’s QA inspections will occur approximately 10–21 days following treatments.

1.9 Safety Requirements: The Contractor shall comply with all applicable Occupational Safety and Health Act (OSHA) Standards, as well as the Corps of Engineers’ Safety and Health Requirements Manual, EM 3851-1, in effect at the time of contract award. Prospective offerors are encouraged to review the EM 385-1-1 to gain an understanding of the full requirement prior to developing their quote. The EM can be accessed at: https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/Safety-and-Health-Requirements-Manual/.

1.9.1 Accident Prevention Plan. The Contractor shall develop a job-specific Accident Prevention Plan (APP) for the work to be performed under this PWS. The APP must meet the requirements set forth in Appendix A of the EM 385-1-1. The Contractor shall submit its APP in accordance with Technical Exhibit 2, Deliverables Schedule.

1.9.2 Activity Hazard Analysis. An Activity Hazard Analysis (AHA) shall be prepared for each work activity under this contract. The AHA must meet the requirements set forth in EM 385-1-1, Section 01.A.14 and shall identify the sequence of work, the specific hazards anticipated, and control measures to be implemented to minimize or eliminate each hazard. The Contractor shall submit its AHA(s) in accordance with Technical Exhibit 2, Deliverables Schedule. The COR will provide an acceptable template for the AHA upon Contractor request.

1.9.3 Accident Reporting. The Contractor shall immediately notify the COR or Contracting Officer, by the quickest means available, of any accident which does or may result in damage to Government property (regardless of amount), injuries to the Contractor’s employees or visitors to the work area, or damage to the Contractor’s property (if the loss exceeds $1,000).

1.10 Environmental Requirements

1.10.1 Contractor Chemical Spill Contingency Plan. The Contractor shall comply with all environmental requirements listed in the USACE Walla Walla District Pest Management Program Implementation Instructions (PMP), dated August 22, 2017. The Contractor shall develop a Chemical Spill Contingency Plan (CSCP) to ensure plans for and effective and timely containment of any chemical spill. An effective CSCP will include spill control and containment methods, and clean-up procedures. This plan will also include a list of items that the Contractor will carry in a spill kit in each vehicle. The Contractor shall submit the CSCP in accordance with Technical Exhibit 2, Deliverables Schedule.

1.10.2 Source Water for Mixing Herbicide. The Contractor shall obtain approval from the COR prior to utilizing any potential water source. No herbicide mixing will be authorized within 300 feet of any standing or flowing body of water. The Contractor shall provide equipment with either an anti-back siphon valve or an air break on tank fill connections or openings to prevent contamination of on-site water sources used by the Contractor.

1.10.3 Fire Control. The Contractor shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor’s employees or equipment. The Government may hold the Contractor liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires caused by the Contractor’s employees, equipment, or contract operations.

1.10.4 Contractor Negligence. If the Contractor exhibits signs of gross negligence in the application of herbicides, which result in excessive damage to non-target species, the Government may hold the Contractor responsible for destruction of public property according to Title 36 Section 327.14. The Government may require the Contractor to replace or forfeit the value of dead, dying, or damaged vegetation.

1.11 Security

1.11.1 General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE)installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

1.11.2 Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

1.11.3 Escorting in classified and/or sensitive areas: In accordance with applicable regulations, all contract personnel who do not possess the appropriate security clearance or access privileges will be escorted in areas where they may be exposed to classified information or operations, sensitive information or activities, or restricted areas.

1.11.4 Pre‐screen candidates using E‐Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/)(website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

Part 2 – Definitions

Adjuvant. Any additive to a pesticide solution intended to enhance pesticide effectiveness, primarily by reducing water surface tension thereby enabling chemical penetration into the leaves and stems, and/or helping the chemical "stick" to the vegetation to enhance absorption. These will be limited to those adjuvants added by the applicator at the time of mixing

Applicator. Contractor employee performing application of herbicide treatments to noxious weeds in the field.

Broadcast Spraying. Use of boom-mounted and multiple nozzle apparatus used to apply pesticides to larger areas of fairly level terrain where weeds are intermingled with desirable vegetation and where spot spraying would likely have a similar impact, but would take considerably more time to accomplish

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.

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.

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.

Defective Service/Deficiency. A service output that does not meet the standard of performance associated with the Performance Work Statement.

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

Hand/Select Application. Spraying, wicking, squirting, or brushing of pesticides on vegetation performed with a hand-held apparatus such as a hand spray bottle, hypo-hatchet, paint brush, or sponge wick that allows the pesticide to be applied selectively and with virtually no overspray off the target vegetation. Extremely labor intensive and subject to numerous refilling due to small container size.

Invasive Species. A plant or animal that is not native to the project action area (and generally not native to a larger surrounding region) causing harm to native habitats and species by out competing native vegetation which, in turn, degrades habitat critical to the continued existence and healthy population levels of native species or desirable naturalized species.

Noxious Weed. A noxious weed is typically any plant species designated by a federal, state, or county entity as injurious to public health, agriculture, recreation, wildlife or property. For the purpose of this PWS, noxious weeds are those plant species that have been designated as noxious through Idaho state law as of January 1 of the calendar year.

Pest Weed: A pest weed is typically any plant species presenting negative impacts to its host environment and has not been designated as noxious by a federal, state, or county entity. For the purpose of this PWS, pest weeds are those plant species defined by the Government as an introduced plant having a negative impact to the native vegetation and wildlife habitat of Dworshak lands.

Physical Security. Actions that prevent the loss or damage of Government property.

Quality Assurance Surveillance Plan (QASP). An organized written document specifying the Government’s surveillance methodology to be used for surveillance of Contractor performance.

Quality Assurance. The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

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

Spot Spraying. Application of pesticides to a specific plant or small group of plants with either a backpack mounted sprayer with a hand-held wand or with an ATV mounted electric sprayer with a hand held wand, generally using approximately 15–25 PSI pressure and nozzles emitting relatively large droplets to reduce off target overspray.

Treatment Areas. Those areas specified and identified for herbicide treatment by either maps (polygons) or by written description (i.e., public roads).

Part 3 – Specific Tasks and Requirements

3.1 General Requirements:

3.1.1 Chemical Application Requirements. The Contractor shall apply approved herbicides in a manner that is sufficient to kill noxious weeds but NOT sterilize the ground or harm existing woody vegetation unless specified. Minimizing adverse effects on native plant species shall be accomplished through spot treatment.

3.1.2 Regulatory Compliance and Authorized Methodologies.

3.1.2.1 Regulatory Compliance. The Contractor shall comply with all applicable Federal and Idaho State regulations, as well as herbicide manufacturer’s directions and requirements for handling herbicides, including storage, transportation, application, container disposal, and cleanup of spills. All herbicide applications shall be performed or directly supervised by an applicator with a current and valid Applicator’s License.

3.1.2.2 USACE Special Requirements. The Contractor must also comply with all requirements listed in the USACE, Walla Walla District, Pest Management Program Implementation Instructions, available online at: https://www.nww.usace.army.mil/Missions/Projects/Pest-Management/ (select Terrestrial Pest Management Program Instructions under Terrestrial Instructions).

3.1.3 New Populations. If the Contractor discovers new populations of noxious weeds on COEmanaged lands during the performance of the contract requirements that are outside the identified contract treatment areas, the Contractor shall notify the COR as soon as practicable, providing a general location description consisting of enough information to enable Government personnel to locate and map the new population. The Contractor is neither required nor expected to specifically search for, map, or perform any application on new weed infestations outside of specified treatment areas.

3.2 Treatment Areas: This section provides some description of the maps and special requirements for the various treatment areas. See section 3.3 for additional areas of concern.

3.2.1 General Herbicide Treatment. Attachment 1, Treatment Area Maps (General), contains seven map pages. Each area-specific treatment map includes GPS points indicating the beginning and/or ending points for each treatment area and/or to call out specific treatment objectives. Attachment 2, Treatment Area Maps (Zoomed), contains an additional 30 map pages (numbered Map Page 8–37) includes more detailed views. Attachment 3, GPS Points, contains the corresponding list of coordinates, feature name, and description of treatment objectives and area limitations.

· Map Pages 1–2 are index maps depicting the areas included in Map Pages 3 through 7 in relation to Dworshak lands.

· Map Pages 3–7 indicate all areas scheduled for general herbicide treatment.

· Map Pages 5–7 (GPS Points 129–146) depict treatment areas located in the Grandad Elk Mitigation Area, which is approximately 65 miles and 2.5 hours, one way, from downtown Orofino. Overnight camping in the Grandad area will be permissible while work is occurring. Many of the treatment areas consist of roadsides open to the general public. The primary noxious weed to be targeted in these areas is Yellow Hawkweed. Thistle species, Knapweed species, Hounds tongue, Oxeye Daisy and Common Mullein are secondary species.

· Map Page 15 depicts in greater detail the areas around Dworshak Dam and Powerhouse. The following requirements apply to the treatment area northwest of GPS Point 26, and the treatment area containing GPS Point 35:

· There will be two treatments of these areas: the first as early as practicable in May, and the second near the end of July.

· The objective is to treat the pavement cracks and along the edges of the structures for all vegetation.

· Contractor employees are required to be escorted by a government employee while completing these applications.

· Note: Most Powerhouse employees work Monday through Thursday; the Contractor can expect fewer vehicles to work around if this work is scheduled on a Friday.

· Map Page 20. GPS Point 147, the Canyon Creek treatment area, is located at the end of Canyon Creek Road. Treatment area is accessible via Crayon Creek hiking trailhead. This area is a recent timber harvest area that has a various invasive and pest weeds spotted within the treatment area. The area is mostly accessible by backpacking spraying, but some places are accessible by UTV.

3.2.2 Bracken Fern Treatment. Attachment 4, Treatment Area Map (Bracken Fern) depicts the general area consisting of approximately 20 acres that has been identified for Bracken Fern treatment within the Grandad Elk Mitigation Area. Location(s) will be identified after the contract is awarded. Of note:

· Many herbicides are ineffective at long-term control of Bracken Fern, as rhizomes re-sprout the following spring post-treatment. However, Asulam has been proven to be effective at long-term control and shall be used to treat bracken fern. Infestation is severe; the Contractor shall apply the highest concentration recommended by the product manufacturer.

· Although Asulam is not found on the approved chemical list for use within the 2017 Walla Walla Pest Management Program Implementation Instructions, it was approved for use by the USFWS and added to the list of approved chemicals in September 2014.

· The Contractor shall also utilize herbicide dye with all applications to Bracken Fern and shall apply the highest concentration recommended by the product manufacturer.

· Based on past experience, applications are best performed in July or August. Treatment shall be performed when fronds have fully expanded between July 15 and August 15, unless otherwise agreed upon in writing by the COR.

· The Contractor shall submit their intended application schedule for the Bracken Fern not less than one month in advance and any changes to the schedule not less than one week in advance. Any unforeseen changes out of the Contractor’s control shall be reported immediately upon the Contractor’s knowledge of the change.

· The Bracken Fern polygons are accessible by 4x4 vehicle and/or ATV; however, the majority of these areas may require backpack spray treatment due to terrain and existing vegetation.

3.3 Application Reporting:

3.4.1 Coordination. The Contractor shall notify the COR of all planned applications a minimum of three business days prior to application.

3.4.2 Application Record. The Contractor shall prepare daily application records for all herbicide applications using the approved Pest Control Application Record. All fields on the form are required. The approved form is available for download at: https://www.nww.usace.army.mil/Missions/Projects/Pest-Management/ (select Actual Application Record – Operations under Forms). The Contractor shall submit Pest Control Application Records in accordance with Technical Exhibit 2, Deliverables Schedule.

Part 4 – Technical Exhibits and Attachments

4.1 Technical Exhibit:

1. Performance Requirements Summary

2. Deliverables Schedule

4.2 Attachments:

1. Treatment Area Maps (General)

2. Treatment Area Maps (Zoomed)

3. Treatment Descriptions of GPS Points

4. Treatment Area Map (Bracken Fern)

TECHNICAL EXHIBIT 1

DWORSHAK TREATMENT OF NOXIOUS AND PEST WEEDS 2020

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

TECHNICAL EXHIBIT 2

DWORSHAK TREATMENT OF NOXIOUS AND PEST WEEDS 2020

DELIVERABLES SCHEDULE

*Final must be accepted by the Government prior to commencement of onsite work.

COR

*Final must be accepted by the Government prior to commencement of onsite work.

COR

*Final must be accepted by the Government prior to commencement of onsite work and a hardcopy available to Contractor employees at each work site.

COR

*Final must be accepted by the Government prior to commencement of onsite work and a hardcopy must be reviewed and acknowledged by each Contractor employee and a copy kept at each work site.

COR

*Final must be accepted by the Government prior to commencement of onsite work and a hardcopy available to Contractor employees at each work site.

COR