B.08 Solicitation W912EP24Q0004_Amendment 0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

1) Provide the Questions and Answ ers document.

2) Update the Performance Work Statement (PWS). Deletions are indicated by red text and strikethroughs. Additions are indicated by green text.

3) FAR Provisions 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services, and 52.212-2, Evaluation - Commercial Products and Commercial Services, are updated to revise the Past Performance criteria to allow the submission for examples of past performance to extend from five years to ten.

All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 26

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912EP24Q0004

X 9B. DATED (SEE ITEM 11)

27-Dec-2023

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO.

5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

08-Jan-2024

CODE

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

W912EP 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912EP24Q0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

QUESTIONS AND ANSWERS

RFQ W912EP24Q0004

Picayune Strand Restoration Project (PSRP) Take Analysis Red-Cockaded Woodpecker

Question 1

Will proposals be penalized if they do not meet the RFQ’s Contractor Requirements of providing caracara capture equipment and transmitters and does not include a “Monitoring Plan” as a submittal?

9. CONTRACTOR REQUIREMENTS

9.1 Contractor Furnished Items.

To perform the contract, items include, but are not limited to, materials to safely trap adult caracara, and GPS transmitters for the purpose of tracking these birds.

9.2 Submittals.

• Safety Plan in accordance with EM385-1-1

• Quality Control Plan

• Monitor qualifications

• Monitoring Plan

• Final Report

Answer: No, the furnished items are incorrect and Caracara’s are not a part of this contract. Additionally, the monitoring plan and qualifications are not applicable to this contract. Material furnished by the contractor include those items that would allow the contractor to complete the RCW analysis. The PWS section 9.1 and 9.2 is revised to remove requirements that are not applicable.

Question 2

Are the trainings listed in paragraph 3.2 required, as the project is not located on DOD lands?

Answer: The PWS section 3 is revised to remove training requirements that are not applicable.

Question 3

The requirement for a Safety Plan to be submitted 3 weeks before fieldwork can begin is problematic. Could the requirement for the Safety Plan be removed or shortened so fieldwork could occur immediately after the award is made? Can the Safety Plan be submitted with the proposal, so the clock started sooner?

Answer: The Government anticipates the review of the Safety Plan within 48 hours of receipt. The Safety Plan can only be submitted after contract award (immediately, but no later than 14 business days), per the deliverable table.

Question 4

Could the requirement for Past Performance examples be expanded to the last 10 years?

Answer: Yes, Amendment 0001 to the solicitation updates the Past Performance requirement to allow examples within the last 10 years.

Question 5

How is the price sheet to be completed for the Timber Inventory labor costs? There are both $/hr and $/acre fields.

Given that acreage of the survey area is not provided, how can we calculate a subtotal? Do you want the timber inventory as a lump sum (and you can divide the acreage to get the rate) and the labor costs by role to apply to the other tasks (analysis, report, meetings)? It is unclear as to how you want the costs allocated.

PSRP Red-Cockaded Woodpecker Take Analysis

Tim be r I nv en tor y

Labor Units Program Manager $/hr Senior Scientist $/hr Timber Inventory $/acre

Answer: This estimate was based on similar worked that used acres for inventories. All the work doing the inventory is calculated as a whole, with an estimated 2755 acres needed. A lump sum that is divided to per acre is also acceptable. The labor costs per hour are for all other work (analysis, report, meetings).

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Picayune Strand Restoration Project Red-Cockaded Woodpecker Incidental Take Analysis

8 January 2024

1. GENERAL INFORMATION

1.1 Description of Services:

This is a non-personal services contract to provide data collection and analysis to help determine project impacts on the red-cockaded woodpecker (RCW). The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items to perform all services as defined in this Performance Work Statement except for those items specified as government furnished.

1.2 Background:

Development of the Picayune Strand Restoration Project (PSRP) area, previously known as SGGE, began in the early 1960’s within Collier County in Southwest Florida. Private interests planned to develop a 173 square mile (111,000 acres) residential subdivision. Today this development is split into two entities by Interstate 75 (I-75).

Northern Golden Gate Estates (NGGE) remains a residential subdivision. PSRP had very limited development and was acquired by the State of Florida (Florida Department of Environmental Protection [FDEP]) for restoration from private owners. The PSRP area is known as the Picayune Strand State Forest.

The PSRP consists of approximately 94 square miles located between I-75 and U.S. Highway 41 (US-41), also known as Tamiami Trail. It is situated southwest of the Florida Panther National Wildlife Refuge, north of Ten Thousand Islands National Wildlife Refuge and Rookery Bay National Estuarine Research Reserve, north-northeast of Collier-Seminole State Park, east of the Belle Meade CARL Project area, and west of the Fakahatchee Strand State Park.

The PRSP consists of plugging drainage canals and removing roads that were previously constructed within the projection footprint as well as constructing pump stations and levee protection features in order to restore natural hydrology to the area.

1.3 Objective:

The contract objectives are to determine potential incidental take of RCWs that will be affected by project impacts.

The data collection and analysis will follow the U.S. Fish and Wildlife Services (USFWS) protocols.. The contractor shall be qualified to achieve these objectives as described in Section 2.3.

1.4 Restrictions:

1. Personal Services: The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Procuring Contracting Officer (PCO) immediately.

2. Inherently Governmental: Avoidance of Performance Closely Associated with Inherently Governmental Functions. Under no circumstances will this Contract be utilized in a manner which would require the Contractor to manage another contractor, nor in manner such as where the Contractor might influence official evaluations of other contractors; neither directly nor indirectly.

3. Brooks-Act Prohibition: Under this contract, the Contractor is prohibited from performing architect-engineer type services which require a registration by state law. The Contractor is prohibited from performing architect-engineer type services, associated with the design or construction of real property (land and structures).

The Contractor is prohibited from performing ancillary architect-engineer type services, which require supervision by a registered professional. The Contractor is prohibited from performing survey or mapping services associated with architect-engineer type planning, development construction, design, or alteration of real property.

1.5 Scope:

The contractor shall furnish all materials, equipment, supplies, personnel, and all other services required to perform the environmental services and Sustainment, Restoration and Modernization support outlined in this statement of work and as specifically identified in the individual task orders.

1.6 Period of Performance:

Date of contract award until 2 month post award.

1.7 Place of Performance:

The project site is located in Picayune Strand Sate Forest, Collier County Florida. The FCW clusters are located south of U.S. Highway 75 and west of Miller Blvd. There are 8 clusters projected to be impacted by long term changes in hydrology and need to be analyzed.

1.8 Recognized Holidays:

The contractor is not required to perform services on holidays but if scheduled sampling occurs during a week with a holiday the contractors schedule should be adjusted accordingly to meet sample collection objectives and the ability to submit samples to the laboratory such that the samples can be analyzed with required holding times.

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

2. CONTRACTOR ADMINISTRATION AND MANAGEMENT

2.1 Business Relations:

The contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The contractor shall manage the timeliness, completeness, and quality of problem identification. The contractor shall provide corrective action plans, proposal submittals, timely identification of issues, and effective management of subcontractors. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.

2.2 Contractor Personnel, Disciplines, and Specialties:

The Contractor shall ensure that only qualified and properly trained staff, whether working directly for the Contractor or sub-contracted, are utilized for this project. Qualified personnel are described in Section 2.3 Key Personnel. Contract personnel working on projects shall be approved by the COR prior to their assignment to the project. The contractor will submit biologists’ qualifications for review by the USACE. Biologists whose qualifications have been previously reviewed and who have been qualified to work on previous contracts may not need further review of their qualifications. The Contractor shall document all staff training and keep this documentation in each employee’s personnel file. All training records shall be made available for review during audits and/or if requested. The contractor is responsible for the effective transfer of trained knowledge to new employees to assure there are no lapses in the ability of the contractor to meet the requirements of this PWS.

2.3 Key Personnel:

The following personnel are considered key personnel by the government: RCW foraging habitat availability analyst and RCW take analyst. 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 a.m. to 4:30 p.m., Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below:

RCW foraging habitat availability: This data collector/analyst shall be conducted by a qualified biologist(s) who is a RCW expert and completed foraging habitat availability data collections and is familiar with the South/Central Florida Recovery Unit Foraging Guidelines for Satisfying the Standard for Managed Stability. The biologist(s) will also have experience with the Recovery Standard for RCWs as well has the Standard for Managed Stability.

RCW take analyst: This analyst shall be conducted by a qualified biologist(s) who is an RCW expert and has completed RCW take analysts for the Group, Neighborhood, and Population levels as needed.

2.4 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. Contractor personnel should wear appropriate identification at all times while conducting monitoring.

2.5 Subcontract Management:

The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. Contractors may add subcontractors to their team after notification to the contracting officer or Contracting Officer Representative (COR).

2.6 Contractor Travel:

Contractor will be required to travel to, from, and within the project area during the performance of this contract to conduct sampling. Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires Government approval/authorization and notification to the COR.

3. SECURITY

3.1 Security Requirements:

Not applicable.

3.2 Antiterrorism/Operation Security (AT/OPSEC) Requirements:

1. AT Level I Training - All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas 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 contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the Contracting Officer, if a COR is not assigned, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html

2. Access and General Protection/Security Policy and Procedures - All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

3. For contractors requiring Common Access Card (CAC) - Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05 and Homeland Security Presidential Directive-12 (HSPD-12). Proposed language: “The contractor and all sub-contractors employees will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an interim CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.”

4. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something) - The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally 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 project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

5. Contractor Employees Who Require Access to Government Information Systems - All contractor employees with access to a government info system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the information systems and then annually thereafter IAW AR 380‐67 (Personnel Security Program) and Homeland Security Presidential Directive 12 (Policy for a Common Identification Standard for Federal Employees and Contractors).

6. OPSEC Standing Operating Procedure/Plan - The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award. The OPSEC SOP/Plan must be reviewed and approved by the RA OPSEC Officer. The SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator.

7. OPSEC Training - All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC http://jko.jten.mil/courses/atl1/launch.html awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites:

https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html

8. For Information Assurance (IA)/Information Technology (IT) Training - All contractor employees and associated sub‐contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoD 8570 01-M and AR 25‐2 within six months of employment.

9. Escort Requirements - All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

10. Pre‐screen candidates using E‐Verify Program - The Contractor must pre‐screen Candidates using the E‐verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E‐verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 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, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

11. Threat Awareness Reporting Program - All new contractor employees will complete annual Threat Awareness and Reporting Program (TARP) Training provided by a Counterintelligence Agent, IAW AR 381-12.

The contractor shall submit certificates of completion for each affected contractor and subcontractor employee(s) or a memorandum for the record, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. Authorized web based TARP training for CAC card holders is available at the following website: https://www.us.army.mil/suite/page/655474

3.3 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.

3.4 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.

Keys may be required to access certain sites within the project area, or adjacent conservation lands.

3.4.1 Lost Keys:

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.

https://www.iad.gov/ioss/ http://www.cdse.edu/catalog/operations-security.html https://www.us.army.mil/suite/page/655474

3.4.2 Keys issued to Contractor:

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.

3.4.3 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.

4. QUALITY

4.1 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 assure non-recurrence of defective services. The contractor’s quality control program assures the work complies with the requirements of the contract. The contractor shall submit their QAPP electronically to the contracting officer and COR within 30 days after contract award and within 5 working days when changes are made thereafter. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to this QC system.

4.2 Quality Assurance:

The government shall evaluate the contractor’s performance under this contract in accordance with the Performance Requirement Summary (PRS). Additionally, the Government will use a Quality Assurance Surveillance Plan (QASP), in the inspection of the services. This plan is primarily focused on what the Government must do to assure 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).

4.3 Quality Assurance Surveillance Plan (QASP):

The Government shall monitor the Contractors performance under this Task/Delivery Order in accordance with the Governments QASP.

4.4 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.

5. GOVERNMENT CONTRACT ADMINISTRATION

5.1 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.

Based on the required services the government reserves the right to require a post award conference on the task order.

5.2 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.

5.3 Contractor Performance Assessment Reporting System (CPARS):

This contract requires reporting in the Contractor Performance Assessment Reporting System (CPARS). Any task order awarded under this contract that is valued at greater than $1,000,000.00 will also be subject to reporting in CPARS. The contractor is responsible for providing and maintaining a representative in CPARS who has the authority to review and accept performance reports on behalf of the contractor.

6. OTHER REQUIREMENTS AND INFORMATION

6.1 Hours of Operation:

The contractor is responsible for conducting business, Monday through 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.

6.2 Other Direct Costs:

This category includes travel (outlined in 1.14), reproduction, and shipping expenses associated with training activities and visits to contractor facilities. It could also entail the renting of suitable training venues.

6.3 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.

6.4 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 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.

6.5 Phase In/Phase Out:

To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

Reserved

7. DEFINITIONS AND ACRONYMS

7.1 Definitions:

CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government.

The term used in this contract refers to the prime.

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.

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

DELIVERABLE. All goods, out-puts, end products, services, work, work product, items, materials and property to be created, developed, produced, delivered, performed or provided by or on behalf of, or made available through, Contractor (or any agent, contractor or subcontractor of the contractor) in connection with this contract. Most deliverables take the form of a tangible product (hardware, software, data, written report, completed installation, etc.), but some can also be less tangible (meeting facilitator or custodial services).

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.

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

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

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

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

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

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

WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

7.2 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 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

8. GOVERNMENT FURNISHED PROPERY, EQUIPMENT, SERVICES AND MATERIALS

8.1 Property. reserved

8.2 Equipment. reserved

8.3 Services. reserved

8.4 Materials. reserved

9. CONTRACTOR REQUIREMENTS

9.1 Contractor Furnished Items.

To perform the contract, items include, but are not limited to, materials to safely trap adult caracara, and GPS transmitters for the purpose of tracking these birds successfully complete the inventory.

9.2 Submittals.

• Safety Plan in accordance with EM385-1-1

• Quality Control Plan

• Monitor qualifications

• Monitoring Plan

• Final Report

9.3 Contract Requirements.

Prior to beginning work, the contract requires a Safety Plan, Quality Control Plan, and documentation of the qualifications of the Key Personnel as described in Section 2.3. The Government anticipates review of the Safety Plan within 48 hours of receipt.

10. PERFORMANCE REQUIREMENTS

10.1 Basic Services:

The contractor shall provide services for conducting an RCW take analysis for those identified clusters that will be impacted by the PSRP per the requirements and guidelines set forth by the USFWS. The field data collection and the following analysis shall follow those guidelines set forth by in the USFWS in the U.S. Fish and Wildlife Service’s Procedures for Determining Foraging Habitat Availability, the South/Central Florida Recovery Unit Foraging Guidelines for Satisfying the Standard for Managed Stability and the Recovery Standard found in the RCW Recovery Plan. The contractor shall participate in a teleconference meeting after notice to proceed with the USACE to confirm the requirements and for the USACE to provided hydrology modeling. The contractor shall produce one final report with the completed analysis(es).

10.2 Task Heading and Standards:

Task 1: Timber Inventory

The PSRP will be affecting nearby RCW clusters due to the aims of the project. The plugging of canals and removal of roads will restore historical hydrology to the area. This will inundate some RCW cluster areas and is predicted to shift the habitat away from mesic and hydric pines. Whenever RCWs are predicted to be impacted by a project the USFWS requires a foraging habitat availability analysis to be completed as well as an estimate the impacts will have on the RCW populations as a whole.

The contractor will follow the methodology found in the U.S. Fish and Wildlife Service’s Procedures for Determining Foraging Habitat Availability to provide an assessment on the impacts the project will have on foraging habitat availability for the RCW. Consideration will be made for the South/Central Florida Recovery Unit Foraging Guidelines for Satisfying the Standard for Managed Stability. 8 clusters are predicted to be impacted and must be analyzed. These are clusters designated 50b, 23a, 33j, 33g, 33i, 33f, 33d and 34a.

During data collection efforts, should a dead, injured, or sick federally threatened or endangered species be found, notification must be made to the nearest U.S. Fish and Wildlife Service Law Enforcement Office in Vero Beach, Florida (772) 562-3909 and the Florida Fish and Wildlife Conservation Commission’s Wildlife Alert number (888) 404-3922. Secondary notification should be made to South Florida Ecological USFWS Office at (772) 562-3909.

The finder has the responsibility to carry out instructions provided by Law Enforcement to ensure that care is taken in handling sick or injured specimens, and/or intrinsic evidence is not unnecessarily disturbed.

Task 2: Foraging Habitat Availability

Using completed modeling, an estimate of the loss of habitat due to the long term hydrologic impacts will be completed as well as an assessment of the number ofRCW clusters that maywill be eliminated. Because PSRP is a RCW recovery population, foraging partition must be analyzed according to the Standard for Managed Stability and the Recovery Standard outlined in the USFW’s Recover Plan to show that each cluster has the potential to meet the Recovery Standard in the future. The assessment of project impacts to habitat will be scored in order for the Corps to make habitat classifications of suitable, potentially suitable or unsuitable.

Task 3: Group Level Analysis

If it is determined by the Corps through the completed analysis that RCW clusters may be eliminated due to the PRSP impacts the aggregation of active RCW clusters on the landscape will be examined to assess the impact of loss on the demographic stability of neighboring RCW groups.

Task 4: Neighborhood Analysis

If the Corps determines the Group Level Analysis indicates potential loss of neighboring RCW groups an analysis will be completed to quantify potential negative impacts of the project on RCW demography through habitat loss or fragmentation at the neighborhood level.

Task 5: Population Level Analysis

If the Corps determines the Neighborhood Analysis shows there is an effect on the neighborhood level an analysis will be completed at the RCW population level to determine if the area can achieve its population goal as a primary core recovery population.

Task 6: Final Report

A presentation of the analysis completed and data collected will be given to USACE. A final report shall then be submitted to USACE 2 months after the awarding of the contract containing all results from the above tasks. All field data collected will be contained either within the report or as appendices. The contractor will also be required to participate in an interagency meeting to answer detailed technical questions regarding the analysis conducted.

11. REGULATIONS AND PUBLICATIONS

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

Technical Publications: All work performed under this contract shall be in accordance with the following publications, and contractor's personnel shall be familiar with and comply with same. Publications may found at http://140.194.76.129/publications/, https://floridadep.gov/dear/quality-assurance/content/dep-sops, or will be provided by the contracting officer or COR as necessary.

• Corps of Engineers Manual EM 385-1-1 - Safety and Health Requirements Manual.

• IRL-S C-23/24 STA & North and South Reservoirs 2004 Fish and Wildlife Coordination Act (FWCA)

Report

• IRL-S C-23/24 STA 2007 Biological Opinion (BO)

• IRL-S C-23/24 STA & North and South Reservoirs 2021 BO

• Applicable Permits

12. CONTRACTOR MANPOWER AND REPORTING

Reserved

13. EXHIBITS AND ATTACHMENTS

13.1 Exhibit A – Performance Requirements Summary

13.2 Exhibit B – Deliverables

13.3 Exhibit C – Monitoring Location.

EXHIBIT A

Performance Requirements Summary

Performance Objective Standard PERFORMANCE

THRESHOLD

Method of

Surveillance

PO # 1 (Tasks 1 and 2) The Contractor shall complete the timber inventory and the following foraging habitat availability analysis

The contractor completed the surveys at the RCW clusters and completed the follow up analysis via the USFWS Matrix for RCW. The 8 identified clusters were looked at

The contractor successfully completed fieldwork following USFWS Procedures for determining foraging habitat availability with the south/central Florida specific guidelines.

Impacts from the project on the RCW clusters are looked at. Any deviation should be preapproved by the contracting officer in writing. No more than one customer complaint per quarter.

100% inspection

PO # 2 (Task 3-5) The contractor shall provide Additional Analysis

Should impacts at the smaller scale be significant the large interaction between the RCWs will be looked at for impact

As needed additional analysis will be completed at the group, neighborhood and population level. Any deviation should be preapproved by the contracting officer in writing. No more than one customer complaint per quarter.

100% inspection

PO # 3(Task 6) The contractor shall provide a final report and presentation

The contractor presented results and provided reports with all of the information listed in Section 10.2.

Presentation and Reports were submitted within the specified time frames, and required no more than one round of comments from USACE. Any deviation should be preapproved by the contracting officer in writing. No more than one customer complaint per quarter.

100% inspection

EXHIBIT B

Deliverable Schedule

DELIVERABLE FREQUENCY # OF COPIES MEDIUM/FORMAT SUBMIT TO

Qualifications of key personnel

Once (1) within 30 days of contract award

One (1) digital copy MS Word and/or

PDF

COR: Nolan Lacy Arron Lassiter, Jacksonville District, U.S. Army Corps of Engineers 701 San Marco Blvd Jacksonville, FL 32207

NOLAN.M.LACY@U

SACE.ARMY.MIL

JAMES.A.LASSITER

@USACE.ARMY.MIL

Safety Plan At least fourteen

(14) business days prior to start of field work

One (1) digital copy All documents provided from the contractor shall be in MS Word or MS Excel and Adobe Acrobat format.

Locations and graphics should be provided in ESRI shapefile format (*.shp)

[Same as above.]

Presentation Once (1), after competition of analysis and before the final report

One (1) digital copy [Same as above.] [Same as above.]

Report Once (1), 2 Months after the awarding of the contract

One (1) digital copy [Same as above.] [Same as above.]

EXHIBIT C- RCW Cluster Location

Figure 1. RCW cluster locations just west of the PSRP project area

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past…