PWS 1-11-2021 (V5)_0002.pdf

Performance Work Statement Technical and Ecological/Environmental Compliance Support for the Klamath Project Operations Endangered Species Act

Section 7 Consultation and Other Related Activities

WMS# 21KBAO0006

December 17, 2020

1.0 SCOPE

The scope of this contract is to provide administrative support, project management, coordination, scientific and policy analysis, and document development support and related services to the Bureau of Reclamation’s (Reclamation’s) Klamath Basin Area Office (KBAO) for the duration of the 2023 Klamath Project Operations Endangered Species Act (ESA) Reconsultation (ROC 2023) effort. This support is needed in order to carry out Reclamation's mission in the Project to ensure continued management and delivery of water and related resources to the American Public while ensuring compliance with applicable laws and regulations.

1.1 OBJECTIVE

The objective of this contract is to acquire the assistance of an expert contractor to assist KBAO in achieving compliance with ESA, National Environmental Policy Act (NEPA), and other applicable environmental compliance policies, laws, and regulatory processes. Specific components of the anticipated support activities include:

• Administrative and Project Management Support for ROC 2023

• Support in the development of a Proposed Action, Biological Assessment (BA) and/or associated documents

• Support in the development of response to, and implementation of, Biological Opinion(s)

(BO[s]) received from regulatory agencies responding to Reclamation’s BA

• Support for development of NEPA compliance documents and other applicable environmental compliance processes

• Support for completion of Magnuson-Stevens Act (MSA) Essential Fish Habitat (EFH)

Consultation

• Expert technical support in specific resource fields relevant to the Klamath Project for the above efforts, including but not limited to fisheries resources relevant to the Klamath Basin and regional, agricultural and tribal community socioeconomics.

Key milestones for this effort are:

• Proposed Action Confirmation September 2021

• Submit Biological Assessment March 2022

• Completion of ESA and MSA/EFH consultation September 2022

• Completion of NEPA compliance September 2022

• Transition to New Proposed Action October 1, 2022

2.0 BACKGROUND

Under Section 7 of the ESA, Reclamation is required to consult on the effects of its actions on ESA-listed species. In order to legally continue operations and maintenance activities associated with its water delivery operations in the Klamath Project (Project), Reclamation must consult with the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS) on the effects of those activities on Federally-listed species. Reclamation does not have adequate staff and expertise to complete this task. Consequently, Reclamation has determined that the services of a contractor are needed to assist in ESA Section 7 consultation efforts in order to ensure appropriate consideration of Klamath Project needs and species needs, and associated evaluation required under applicable environmental law and policy.

Due to the highly complex environmental and natural resource policy and management of ESA Section 7 consultation efforts related to the Klamath Project, it is imperative that Reclamation acquires the services of a highly qualified contractor that is (1) knowledgeable of specific and unique Reclamation ESA Section 7 consultation biological and water management issues, (2) has experience in cooperative efforts leading to the successful development of compliant biological assessments and related environmental compliance documentation on water management projects (3) has experience with building collaborative partnerships with agency and key tribal and stakeholder entities including participation in various biology and hydrology/water management teams and workgroups, and (4) has the ability to facilitate natural resource management and policy discussions related to biological and hydrologic/water management topics among agency and key tribal and stakeholder entities centered around sucker/salmon/SRKW biology and recovery, as well as the overall balance of water management resource demands.

The Klamath Project The Project is located in south-central Oregon and northern California. Authorized by Congress in 1905 (Act of February 9, 1905, ch. 567, 33 Stat. 714), the Project was developed to drain and reclaim lake bed lands in Lower Klamath and Tule lakes, to store waters of the Klamath and Lost rivers, to divert and deliver supplies for Project purposes and control flooding of the reclaimed lands. The Project delivers stored water to agricultural water users under the terms of water delivery contracts and has the capacity to divert water for both the Lower Klamath and Tule Lake national wildlife refuges (NWRs) within Project boundaries.

The Project includes three primary storage reservoirs, Upper Klamath Lake (UKL), Clear Lake Reservoir, and Gerber Reservoir. The Project delivers water to approximately 230,000 acres, supporting approximately 1,400 family farms and ranches producing small grains, potatoes, onions, hay, alfalfa, horseradish, cattle, and many other crops that fuel a $300 million agriculture-dependent economy. Of the Project acreage, approximately 44,300 acres consist of lands within the USFWS NWRs to which Reclamation can deliver stored water once Project demand has been met.

There are six large dams on the Klamath River that influence UKL elevations and Klamath River flows.

Five of the dams on the Klamath River are owned and operated by PacifiCorp and include the following:

Iron Gate, Copco I, Copco II, JC Boyle, and Keno dams. The uppermost is Link River Dam, located at the beginning of the Klamath River at the outlet of UKL. Link River Dam regulates water surface elevations in UKL and allows for irrigation deliveries through Reclamation facilities. Link River Dam is owned by Reclamation but operated by PacifiCorp under direction from Reclamation. Downstream, Keno Dam maintains water levels in the Lake Ewauna Reach of the Klamath River and provides for flood control in the upper basin. Overall, the operation of all six dams is interwoven with the operation of Reclamation’s Klamath Project. As such, PacifiCorp is required to implement the proposed action consistent with the NMFS BiOp as required by PacifiCorp’s Interim Operation Habitat Conservation Plan for coho salmon.

Reclamation’s responsibility to manage water needs among ESA-listed species, tribal trust responsibilities, and legal obligations set forth in numerous Reclamation water service contracts is often complicated by drought conditions and remains exceedingly challenging. Specific to the Klamath Project, water curtailments have become increasingly common in recent years, with substantial impacts on the local and regional economy and community.

Environmental Compliance Since the 1990s, Reclamation has been required under the ESA to consult with the USFWS and NMFS on the Project’s operational impacts to Federally-listed species and their critical habitat. The primary species of concern are the endangered Lost River and shortnose suckers residing within Project reservoirs, threatened coho salmon in the Klamath River (included within Project administrative boundaries) and southern resident killer whale (SRKW) (to the extent that Klamath River salmon are a source of prey).

As a result, implementation of BiOp requirements since the mid-1990s have resulted in growing demands for Project water, and increasing conflicts between competing water needs, particularly during times of water shortages. Water requirements necessary to ensure the continued existence of ESA-listed fish species have led to additional criteria for in-stream flows and lake water levels that pose complicated constraints on the existing water supplies. The difficulty and controversy of coordinating the management of agriculture, ESA-listed fish species, other natural resources, Tribal Trust, and other stakeholder interests has exponentially escalated in the past two decades.

The USFWS is the consulting/regulating agency for the two species of endangered suckers, and NMFS is the consulting agency for the threatened coho salmon and endangered SRKW. Historically, Reclamation received separate BiOps from each agency, leading to water supply impacts to the Project and NWRs.

Conflict was exacerbated when the BiOps were in conflict with one another (i.e. the requirements of both BiOps could not simultaneously be met, even without deliveries to the Project). Since 2013, Reclamation, USFWS, and NMFS have worked together, along with the recognized Tribes in the Klamath Basin (e.g., Karuk, Hoopa Valley, Yurok, Klamath and others as appropriate) and Project water users to develop a coordinated Klamath Project operations proposal, biological assessment, and ultimately, either coordinated BiOps or a joint BiOps between the USFWS and NMFS. This interagency cooperation is manifested in the Agency Coordination Team (ACT) and other various teams, comprised of Reclamation, USFWS, and NMFS staff to coordinate on ESA Section 7 consultation on Klamath Project operations. The activities of the ACT have continued through two additional consultations (2019 and 2020) and will continue in ROC 2023.

Since 2019, Reclamation has been evaluating the Proposed Action identified through the ESA consultation process under NEPA. In both 2019 and 2020, Reclamation performed an Environmental Assessment and reached a Finding of No Significant Impact related to operations of the Klamath Project stemming from the previous two consultations.

Despite this unprecedented and positive coordination among the federal agencies, technical service support is still needed as the federal team continues to identify/clarify any inconsistencies brought on by the Klamath Basin’s unprecedented, multi-year drought conditions. Reclamation requires ESA consultation support moving forward to ensure the environmental compliance requirements for ESA, NEPA, and MSA are met and so that Reclamation can continue to operate the Klamath Project consistent with contractual obligations to Klamath Project contractors, while also meeting Tribal Trust responsibilities and other priorities.

3.0 REFERENCES - The following list of documents are required in the performance of this contract:

Number Title Date Source 1 Final Biological Assessment on The

Effects of the Proposed Action to Operate the Klamath Project on Federally Listed Threatened and Endangered Species

12/21/2018 https://www.usbr.gov/mp/k bao/programs/ops-planning.html

2 Biological Opinions on the Effects of Proposed Klamath Project Operations on Five Federally Listed Threatened and Endangered Species

3/29/2019 https://www.usbr.gov/mp/k bao/programs/ops-planning.html

3 Final Environmental Assessment and Finding of No Significant Impact

4/1/2019 https://www.usbr.gov/mp/k bao/programs/ops-planning.html

4 Reclamation Section 508 and Visual Identity Standard and Templates

September

Available upon request

4.0 TASKS - The contractor shall perform the following tasks during the indicated time periods; calendar dates are listed in the Notes section on page 18.

BY = Base Year, OY1 = Option Year 1, etc.

Task Number Task Name Description Deliverable(s) 1 General

1.1 Project Management

All Years In collaboration with Reclamation and other agencies, parties, or stakeholders as directed by Reclamation, Contractor will support project management for the ROC 2023 by 1) developing and providing up-to-date schedules, milestones, and action plans, 2) developing and providing up-to-date task lists and work breakdown structures (Gantt chart), 3) tracking roles and responsibilities,

4) maintaining a risk management register, 5) developing and maintaining a project budget, and 6) maintaining Reclamation's Project Management Plan.

Initial documents within 30 days of contract award, coordinated with initial documents provided by Reclamation. Subsequent deliverables and updates as described, delivered upon request in a timely manner (defined for the purposes of this PWS as, at Reclamation's discretion, 1) seven days, 2) in accordance with the PMP/schedule, or 3) a time mutually agreed upon between Reclamation and the Contractor on a case-by-case basis).

1.2 Administrative Support

1.2.1 Administrative Record (AR)

All Years Contractor will lead the development, compilation, and management of the ROC 2023 AR, including emails, letters, other related documents, etc.

1. AR development plan to be submitted within 30 days of contract award. 2.

Quarterly progress reports regarding status of AR. 3. Complete AR to be submitted within 30 days of contract termination/expiration or upon request.

1.2.2 Representational Support

All Years

Contractor will assist in the development of briefing papers, decision documents, meeting materials, etc.

upon request by Reclamation. Reviews and prepares briefing papers, correspondence, policy and procedural guidance, and program documents (e.g., monitoring plans, guidance documents, prioritization strategies, progress reports). Reviews, prepares, and delivers briefings, and other oral presentations.

Communicates face-to-face, by telephone, and through electronic mail with agencies, parties, stakeholders to convey information, recommendations, and feedback; receive input; and discuss issues related to development of the environmental compliance documents. Represents Reclamation and participates in internal and

1. Documents as described, delivered upon request in a timely manner. 2. Notes documenting participation and communication as described, made available within 3 days of each event.

external meetings and conferences dealing with a wide variety of resource disciplines related to development of and contribution to the environmental compliance documents.

1.2.3 Review & Comments (R&C)

Processes

BY, OY1

Contractor will lead the development and management of the various comments processes which will occur throughout the ROC 2023 (as indicated below), including notices of availability, providing email accounts and other repositories for comments received, compiling and summarizing comments, and, at Reclamation's direction, revising documents to incorporate comments. Contractor will provide technical support in the development of responses to comments.

1. R&C management plan to be submitted within 30 days of contract award. 2.

Quarterly progress reports regarding the status of R&C management. 3. R&C documents as described, delivered upon request in a timely manner.

1.3 Document Preparation

Standards

1.3.1 Content Requirements All documents prepared for Reclamation’s use will comply with applicable content requirements, listed below for each document type. Contractor must comply with any and all current and applicable implementing regulations for ESA, NEPA, and

MSA.

N/A

1.3.2 Document Editing Reclamation will retain editorial control over all documents until such time as it relinquishes control for the purpose of document finalization.

Contractor will establish a shared editing platform to facilitate multi-user editing of documents.

Document editing and shared platform plan to be submitted within 30 days of contract award.

1.3.3 Draft and Final Documents While Reclamation has made its best effort to estimate the document preparation process, including numbers of draft and final documents, additional drafts of any documents may be required;

it is unlikely, however, that additional drafts of all documents will be required. Contractor bidding should reflect this possibility.

N/A

1.3.4 Document Quality All documents prepared for Reclamation’s use will be concisely written, with logical structure as well as correct spelling and grammar. Tables of contents, figures, tables, and appendices will appropriately reference document content.

Contractor will have primary responsibility for technical editing to achieve this requirement.

N/A

1.3.5 Section 508/Visual Identify

(VI) Compliance

All documents prepared for public consumption will be compliant with Section 508 of the Rehabilitation Act and with Reclamation’s Visual Identity standards. Standards, implementation instructions, and templates will be provided at time of award.

The contractor will comply with any changes in standards occurring during the performance of this contract.

1. 508/VI compliance plan to be submitted within 30 days of contract award. 2.

Documents meeting 508/VI standards as described, delivered upon request in a timely manner.

1.3.6 Reference Management

BY, OY1

Contractor will develop, compile, and maintain a reference management system (e.g., Mendeley) to store and organize all scientific and other sources referenced in the documents prepared for this contract. Sources cited in prepared documents (Task 3) will be linked to this database to facilitate preparation of the References section in each document.

1. Reference management plan to be submitted within 30 days of contract award.

2. Quarterly progress reports on status of reference management. 3. Documents meeting reference management standards as described, delivered upon request in a timely manner. 4. Database of references and index in DBMS at contract termination, expiration, or upon request in a timely manner.

1.4 Logistical Support

All Years

ROC 2023 will require numerous meetings between agencies, parties, stakeholders, and other consultants. These meetings include scientific, policy and management discussions, regulatory compliance discussions, restoration funding discussion, research and monitoring discussions, and other related activities such as tours and stakeholder involvement activities. Another Reclamation contractor, Kearns & West, will bear primary responsibility for facilitation and collaborative dispute resolution and strategic and logistical support of the consultation process. The contractor procured under this solicitation will provide backup support to Kearns & West, including (1) logistical support for meetings both in an office and field setting, (2) procuring meeting facilities and related means of transport if needed (e.g., tour buses), (3) verifying and satisfying equipment needs, (4) speakers guidelines (preparation of materials), (5) development of evaluation forms, meeting handouts. etc., (6) attendance lists, decisions and action tracking, and

(7) obtaining, setting up, and maintaining

Documentation of services provided as part of invoicing process.

conference call-in line and file/information sharing program/system (such as WebEx, SharePoint, BaseCamp, or other program).

2 Expert Science Support

2.1 Obtaining Resource Expertise

All Years In coordination with Reclamation, identify and obtain the services of technical experts in resource fields requested by Reclamation, including but not limited to fisheries and socioeconomic analysis.

Documentation of services rendered.

2.2 Science Plan Support

All Years

Support Reclamation's development of Science Plan Documentation of services rendered.

2.3 Fisheries

2.3.1 Science Review

All Years Provide technical, scientific, and policy level reviews of fisheries related reports and deliverables, including, but not limited to 1) review of documents related to the potential influence of Iron Gate Hatchery operations on coho and Chinook salmon disease and population dynamics, 2) critical review of drafts of the PA, BA, BiOp, and/or associated documents, providing written and verbal comments to Reclamation staff well in advance of final document deadlines, 3) providing Reclamation with subject matter expertise on fisheries resources, particularly coho and Chinook salmon, SRKW, and resident inland fishes such as Klamath Basin suckers. The salmon subject matter expertise should include a working knowledge of flow and salmon habitat modeling and possess the ability to coordinate analyses and results from existing model structures with Reclamation and collaborating federal agencies, such as NMFS, USFWS, and USGS. Subject matter expertise should be able to collaborate with Reclamation staff in development and execution of multiple sections of the BA that evaluate a proposed action.

Documents providing requested review as described, delivered upon request in a timely manner. Documentation of technical qualifications and expertise as described.

2.3.2 Drafting Sections of

Documents

Provide input and/or original drafting on the PA, BA, NEPA, and EFH documents, including incidental take, and terms and conditions.

Documents as described, delivered upon request in a timely manner.

2.3.3 Coordination/Collaboration

All Years

Coordinate and collaborate 1) with fisheries agencies on data collection and report development that will inform decision-making related to suckers, coho salmon, Chinook salmon, and SRKW, 2) with

Documentation of services rendered.

Provide notes detailing the results of coordination and collaboration in a timely manner.

fisheries and SRKW experts to determine potential impacts of the Klamath Project to ESA-listed fish populations, 3) facilitate and lead technical discussions on alterations to the BA and/or a BA specific to SRKW with the federal ACT team and other stakeholders, including state and tribal entities, 4) coordinate with external sucker and salmonid and SRKW experts to assist in the development and finalization of a BA or related documents, and 5) incorporate comments from the ACT team and other stakeholders into a final BA or related documents.

2.4 Socioeconomics

2.4.1 Socioeconomic Modeling

BY, OY1

Provide technical, scientific, and policy level reviews and input with regard to potential socioeconomic impacts of the PA relative to other alternatives (including No Action). Model the agricultural impacts (changes in cropping patterns) and resultant socioeconomic impacts of a range of agricultural and water allocation management alternatives provided by Reclamation. Estimate quantitative impacts, including sensitivity analysis and discussion of sources of uncertainty.

Documents and analytical results as described, delivered upon request in a timely manner.

2.4.2 Drafting Sections of

Documents

BY, OY1

Provide input and/or original drafting as requested on NEPA documents. Draft socioeconomics section of EA, summarizing existing conditions (population, employment/unemployment rates, major economic sectors, median income, major employers) and discussing estimated socioeconomic impacts of various management alternatives.

Summarize the potential on-farm and regional impacts of the proposed change in water allocations.

Documents and analytical results as described, delivered upon request in a timely manner.

2.5 Other Resources

2.5.1 Technical Support

All Years Provide expert technical, scientific, and policy level review and input, and assistance with preparation of ROC 2023 documents for other resources as identified by Reclamation. Such resources may include, but are not limited to, water quality, groundwater, water resources, water rights, Indian trust resources.

Documents and analytical results as described, delivered upon request in a timely manner.

3 Reconsultation Document Preparation

3.1 Proposed Action (PA)

3.1.1 Internal Draft

BY, OY1

Assist Reclamation in the preparation of the PA section of the Biological Assessment, consisting of thorough and robust description of all components of the Proposed Action, including assimilation and compilation of results from Reclamation's hydrologic modeling effort, operation and maintenance considerations, and any conservation measures.

Internal draft PA

3.1.2 Services Review Draft

BY, OY1

Manage the internal review and comments process, assist Reclamation in developing responses, and in addressing/incorporating responses into the Services review draft of the PA.

1) Compiled and summarized comments and responses, and 2) Services review draft

PA

3.1.3 Tribes & Key Stakeholders

(T/KS) Review Draft

BY, OY1

Manage the Services review and comments process, assist Reclamation in developing responses, and in addressing/incorporating responses into the Tribes & Key Stakeholders review draft of the PA.

1) Compiled and summarized comments and responses, and 2) Tribes & Key Stakeholders review draft PA

3.1.4 Final

BY, OY1

Manage the Tribes & Key Stakeholders review and comments process, assist Reclamation in developing responses, and in addressing/incorporating responses into the Final

PA.

1) Compiled and summarized comments and responses, and 2) Final PA

3.2 Biological Assessment (BA)

3.2.1 General Contractor will provide technical and scientific expertise to Reclamation regarding ESA and Magnuson-Stevens Act EFH review, compliance process, and policy analysis.

Documentation of services rendered.

3.2.2 Content Requirements The required sections of the BA are executive summary, introduction, consultation history, analytical approach, proposed action, species status, environmental baseline, effects analysis for each ESA-listed species, other species, cumulative effects, conclusion, and references. Required content for the EFH document includes introduction and background, Chinook and coho salmon habitat requirements for EFH, consultation history, Chinook and coho salmon EFH requirements, effects of Proposed Action on Chinook salmon and coho salmon EFH, determination of effects on Chinook salmon and coho salmon, and references.

3.2.3 Internal Draft

BY, OY1

Working with Reclamation staff, provide original drafting/writing of sections of the internal draft BA, including the EFH chapter. Provide scientific, policy, and operational review support, including (but not limited to) effects analysis for the proposed action on Upper Klamath Lake, the Klamath River, Federally-listed species that may be affected by the action (Lost River and shortnose suckers, coho salmon, SRKW, and other species), species protected under the Magnuson-Stevens Fisheries Management Act (Chinook and coho salmon) and, as applicable, designated critical habitat. Review and provide comments on the organization and completeness of sections of the BA or associated documents as requested.

Internal draft BA

3.2.4 Services Review Draft

BY, OY1

Manage the internal review and comments process as described in Section 1.2.3, assist Reclamation in developing responses, and in addressing/incorporating responses into the Services review draft of the BA.

1) Compiled and summarized comments and responses, and 2) Services review draft

BA

3.2.5 Tribes & Key Stakeholders

(T/KS) Review Draft

BY, OY1

Manage the Services review and comments process as described in Section 1.2.3, assist Reclamation in developing responses, and in addressing/incorporating responses into the Tribes & Key Stakeholders review draft of the BA.

1) Compiled and summarized comments and responses, and 2) Tribes & Key Stakeholders review draft BA

3.2.6 Final

OY1

Manage the T/KS review and comments process as described in Section 1.2.3, and working with Reclamation staff, prepare final BA by revising draft BA as needed to incorporate comments received from Reclamation and stakeholders.

1) Compiled and summarized comments and responses, and 2) Final BA

3.3 Biological Opinions (BO's)

3.3.1 General Contractor will provide technical and scientific expertise to Reclamation regarding BO review, compliance process, and policy analysis.

Documentation of services rendered.

3.3.2 Review & Comments Process

OY1

Compile Reclamation's comments on various components and/or drafts of the BO(s) as they are released.

Compiled and summarized comments/responses.

3.3.3 Implementation of Final

BiOps

Upon receipt of BO's from USFWS and NMFS, provide scientific, policy, and operational review

Documents as described, delivered upon request in a timely manner and/or as

OY1-OY4 support by 1) reviewing and analyzing BO's to identify the requirements necessary for Reclamation to be in compliance including nature of requirement, necessary actions, and associated timeline and due dates (e.g., calendar providing automatic notification of requirements, tracking spreadsheets, Gantt charts), 2) develop any planning documents required by the BO or associated documents necessary to implement Terms and Conditions and/or conservation recommendations (e.g., implementation plans, monitoring plans), 3) develop associated monitoring reports and any other monitoring and reporting requirements outlined in the document(s) necessary for compliance (e.g., annual monitoring report, incidental take report), 4) continue coordination efforts with the USFWS and NMFS on implementation requirements, 5) schedule and coordinate any required monitoring and reporting conference calls and meetings and/or other meetings necessary to ensure continued compliance with these programs.

required in the applicable BO.

Documentation of documents, reports, meetings, coordination, and support services provided/rendered. Implementation period begins on 3/1/2023 and runs through 2/28/2025.

3.4 National Environmental Policy Act (NEPA) Compliance Documents

3.4.1 General Contractor will provide technical and scientific expertise to Reclamation regarding NEPA review, compliance process, and policy analysis.

Compliance will consist of preparation of an Environmental Assessment (EA).

3.4.2 Content Requirements The required sections of the EA are executive summary, introduction, proposed action and alternatives, affected environmental and environmental consequences, consultation and coordination, references, and appendices. The resources to be analyzed under environmental consequences include (but are not limited to) resources not considered in detail, water resources, biological resources, recreation, land use, socioeconomic resources, air quality, Indian trust resources, and environmental justice.

3.4.3 Administrative Draft EA

BY, OY1

Working with Reclamation staff, provide original drafting/writing of sections of the EA. Provide scientific, policy, and operational review support, including (but not limited to) review and evaluation of the environmental resources listed in 3.4.2 related to the proposed action. Review and provide comments on the organization and completeness of sections of the EA or associated documents as requested.

Administrative draft EA.

3.4.4 Internal Review & Comments

Process

OY1

Manage the review and comments process as described in Task 1.2.3. Provide scientific, policy, legal, and operational review support for Reclamation's response to comments from internal and external staff, partners, and stakeholders.

Compiled and summarized internal comments and responses.

3.4.5 Public Draft EA

OY1

Revise administrative draft EA, incorporating responses from internal review, to produce public draft EA.

Public draft EA.

3.4.6 Public Review & Comments

Process

OY1

Manage the review and comments process as described in Task 1.2.3. Provide scientific, policy, legal, and operational review support for Reclamation's response to comments from internal and external staff, partners, and stakeholders.

Compiled and summarized public comments and responses.

3.4.7 Final EA

OY1

Working with Reclamation staff, prepare final EA document by revising draft EA document as needed to incorporate comments received from Reclamation, partners and stakeholders. Working with Reclamation staff, prepare associated Finding of No Significant Impact (FONSI).

Final EA and FONSI.

3.4.8 Annual Supplemental NEPA

OY1-OY4

In collaboration with Reclamation, prepare annual supplemental NEPA documentation such as Supplemental EA, Determination of NEPA Adequacy, etc.

Documents as described

5.0 PERFORMANCE REQUIREMENTS SUMMARY

Task No. Task Description Performance Indicator Performance Standard Minimum Acceptable

Quality Level 1 General

1.1 Project Management Quality and schedule of

project management documents as described in Section 3.

Project management documents are of high quality, appropriate content, and delivered in a timely manner (defined for the purposes of this PWS in Section 3, Task 1.1).

95% error free*

1.2 Administrative Support

1.2.1 Administrative Record (AR) Quality and schedule of

administrative record.

Administrative record(s) are complete, of high quality, appropriate content, and delivered in a timely manner.

95% error free

1.2.2 Representational Support Quality and schedule of

project management documents as described in Section 3.

Project briefing papers, decision documents, meeting materials, etc. are of high quality, appropriate content, and delivered in a timely manner (within 3 days of each event).

95% error free

1.2.3 Review & Comments (R&C)

Processes

Quality and schedule of R&C processes.

R&C management plan is submitted within 30 days of contract award, quarterly progress reports appropriately document the R&C process, and summary documents meet Reclamation’s needs in a timely manner.

95% error free

1.3 Document Preparation

Standards

1.3.1 Content Requirements Conformance with

document content requirements as described for each document type.

Documents meet content requirements.

95% error free

1.3.2 Document Editing Shared platform created

and used for document editing purposes.

Acceptable plan for shared editing platform is submitted within 30 days of contract award. Shared editing platform meets Reclamation’s needs.

95% error free

1.3.3 Draft and Final Documents Quality and schedule of

preparation of additional draft documents.

Additional requested drafts are produced in a timely manner, are of the expected quality, and meet Reclamation’s needs.

95% error free

1.3.4 Document Quality Quality and schedule of

preparation of document support.

Documents and other written materials are concisely written, logically structured, and with a minimum of spelling and/or grammatical errors.

Tables of contents, figures, tables, and appendices appropriately reference document content.

95% error free

1.3.5 Section 508/Visual Identify

(VI) Compliance

Quality and schedule of preparation of documents.

Section 508/VI plan is submitted within 30 days of contract award, documents prepared comply with section 508/VI.

95% error free

1.3.6 Reference Management Quality and schedule of

reference management plan and system.

Reference management plan is submitted within 30 days of contract award, quarterly progress reports status adequately document status of the reference management system, reference management system is appropriately populated and maintained, and reference management system outputs meet Reclamation’s needs.

95% error free

1.4 Logistical Support Quality and schedule of

logistical support through ways described in section 1.4.

Logistical support meets Reclamation’s needs and is appropriately documented via invoicing process.

95% error free

2 Expert Science Support

2.1 Obtaining Resource

Expertise Quality and schedule of acquisition of technical experts

Reclamation has access to technical experts of sufficient qualifications and at the times it needs them. See also Performance Standards for Fisheries, below.

95% error free

2.2 Science Plan Support Quality and schedule of

science plan support

Support of the Science Plan meets Reclamation’s needs for quality, content, and timeliness.

2.3 Fisheries

2.3.1 Science Review Quality and schedule of

fisheries science review

Document reviews, review comments, subject matter expertise meet Reclamation’s needs for quality, content, and timeliness.

95% error free

2.3.2 Drafting Sections of

Documents

Quality and schedule of drafted document sections

Drafted document sections meet Reclamation’s needs for quality, content, and timeliness, requiring minimal additional editing.

95% error free

2.3.3 Coordination/Collaboration Quality and schedule of

coordination/collaboration

Coordination/collaboration with fisheries agencies, fisheries experts, and SRKW experts, and facilitation and leadership of technical discussions appropriately represents Reclamation in terms of quality and timeliness.

2.4 Socioeconomics

2.4.1 Socioeconomic Modeling Quality and schedule of

socioeconomic modeling support

Modeling, analysis, and documentation meets are of quality, content, and timeliness to meet Reclamation’s needs.

95% error free

2.4.2 Drafting Sections of

Documents

Quality and schedule of drafted document sections

Drafted document sections meet Reclamation’s needs for quality, content, and timeliness, requiring minimal additional editing.

95% error free

2.5 Other Resources

2.5.1 Technical Support Quality and schedule of

expert support in additional resource fields as requested by Reclamation.

Experts acquired, analysis, and documents prepared meet Reclamation’s needs for quality, content, and timeliness.

95% error free

3 Reconsultation Document Preparation

3.1 Proposed Action (PA)

3.1.1 Internal Draft Quality and schedule of

internal draft PA support Internal draft PA meets Reclamation’s needs for quality, content, and timeliness.

95% error free

3.1.2 Services Review Draft Quality and schedule of

services review draft PA support

Services review draft PA meets Reclamation’s needs for quality, content, and timeliness.

3.1.3 Tribes & Key Stakeholders

(T/KS) Review Draft

Quality and schedule of T/KS review draft PA support

T/KS review draft PA meets Reclamation’s needs for quality, content, and timeliness.

95% error free

3.1.4 Final Quality and schedule of

final PA support

Final PA meets Reclamation’s needs for quality, content, and timeliness.

95% error free

3.2 Biological Assessment (BA)

3.2.1 General Quality and schedule of

technical and scientific support for BA

Quality, content, and timeliness of technical and scientific support for BA meets Reclamation’s needs.

95% error free

3.2.2 Content Requirements Content of BA BA contains required content. 100% error free

3.2.3 Internal Draft Quality and schedule of

internal draft BA support Internal draft BA meets Reclamation’s needs for quality, content, and timeliness.

95% error free

3.2.4 Services Review Draft Quality and schedule of

services review draft BA support

Services review draft BA meets Reclamation’s needs for quality, content, and timeliness.

95% error free

3.2.5 Tribes & Key Stakeholders

(T/KS) Review Draft

Quality and schedule of T/KS review draft BA support

T/KS review draft BA meets Reclamation’s needs for quality, content, and timeliness.

95% error free

3.2.6 Final Quality and schedule of

final BA support

Final BA meets Reclamation’s needs for quality, content, and timeliness.

95% error free

3.3 Biological Opinions (BO's)

3.3.1 General Quality and schedule of

technical and scientific support for BO review and response

Quality, content, and timeliness of technical and scientific support for BO review and response meets Reclamation’s needs.

95% error free

3.3.2 Review & Comments Process Quality and schedule of

support of BO review and comments process

Quality, content, and timeliness of BO review and comments process meets Reclamation’s needs.

95% error free

3.3.3 Implementation of Final

BO's

Quality and schedule of support of BO implementation

Quality, content, and timeliness of BO implementation support meets Reclamation’s needs

95% error free

3.4 National Environmental

Policy Act (NEPA) Compliance Documents

3.4.1 General Quality and schedule of

technical and scientific support for EA preparation

Quality, content, and timeliness of technical and scientific support for EA preparation meets Reclamation’s needs.

3.4.2 Content Requirements Content of EA EA contains required content. 100% error free

3.4.3 Administrative Draft EA Quality and schedule of

administrative draft EA support

Administrative draft EA meets Reclamation’s needs for quality, content, and timeliness.

95% error free

3.4.4 Internal Review &

Comments Process

Quality and schedule of support of internal review and comments process

Quality, content, and timeliness of internal review and comments process meets Reclamation’s needs.

95% error free

3.4.5 Public Draft EA Quality and schedule of

public draft EA support

Public draft EA meets Reclamation’s needs for quality, content, and timeliness.

95% error free

3.4.6 Public Review & Comments

Process

Quality and schedule of support of public review and comments process

Quality, content, and timeliness of public review and comments process meets Reclamation’s needs.

95% error free

3.4.7 Final EA Quality and schedule of

final EA support

Final EA meets Reclamation’s needs for quality, content, and timeliness.

95% error free

3.4.8 Annual Supplemental NEPA Quality and schedule of

annual supplemental EA support

Annual supplemental EA meets Reclamation’s needs for quality, content, and timeliness.

95% error free

*95% denotes substantial compliance with the requirement, with only minor tolerance for errors. Compliance to be assessed by Reclamation.

Opportunity will be provided to re-work non-compliant work products to the extent that it does not jeopardize the project or deliverables schedule.

6.0 DATA AND REPORTS

Deliverables as described in the Tasks section. All documents are to be submitted in Microsoft Word or Adobe PDF format at Reclamation’s discretion. Tables are to be submitted in Microsoft Excel format unless otherwise directed. Documents are to be delivered via email to Reclamation’s COR unless otherwise directed.

7.0 DELIVERABLES - See Tasks section.

NOTES:

Contractor Requirements The contractor must have the ability to gain an in-depth knowledge of the Klamath Project Operations December 2018 Biological Assessment and have previous experience in ESA Section 7 consultation processes that involve multiple federal agencies and stakeholders.

The contractor must have in-depth knowledge, and direct working experience with the National Environmental Policy Act (42 USC § 4321 et seq), the ESA (16 USC 35 § 1531 et seq), and Magnuson- Stevens Fishery Conservation and Management Act (16 USC 38 §1801 et seq) such that the Contractor can direct and guide Reclamation through all the various requirements policies and applications related to said laws.

The Contractor must be able to develop and organize all documents in a location accessible to Reclamation and partners of its’ choosing such that they are easily reviewed and can be approved by Reclamation staff, specifically the KBAO Coordinator.

The Contractor Team is prohibited from making any commitments on behalf of Reclamation and is required to vet ideas and positions with the KBAO Coordinator, the COR, and management staff prior to engaging other parties.

Period of Performance The period of performance shall be for one (1) Base Year of 12 months, three (3) 12-month option years, and a fourth partial option year, extending from date of award to 9/30/2025.

Base Year: February 15, 2021 – February 14, 2022 Option Year 1: February 15, 2022 – February 14, 2023 Option Year 2: February 15, 2023 – February 14, 2024 Option Year 3: February 15, 2024 – February 14, 2025 Option Year 4: February 15, 2025 – September 30, 2025

Administrative Information Recognized Holidays:

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

Hours of Operations The contractor is responsible for conducting business, between the hours of 0730-1630 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 Performance Work Statement (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.

Place of Performance The work to be performed under this contract will be performed at both the contractor facility and government facilities as agreed upon between contractor and Contracting Officer’s Representative (COR).

At this time, due to the COVID-19 pandemic, all work is expected to be performed at the contractor facility. At such time as pandemic conditions end, this contract may be modified to provide tasking and funding for travel for the purpose of meetings and work which can be more efficiently performed at other worksites.

Security The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use.

Performance Assessment and Disincentives

a. Monitoring Performance. During the evaluation period, the COR will track Contractor performance. Interim (mid-term) evaluations may be provided to identify strengths and weaknesses in the Contractor's performance during the period being evaluated. At the end of the period, the COR will assess the Contractor's performance in accordance with the Quality Assurance Surveillance Plan (QASP) and report to the Contracting Officer.

b. Contractor Self-Assessment. Following each evaluation period, the Contractor may provide a written self-assessment of its performance to the COR to be considered in its report to the Contracting Officer. The self-assessment shall be submitted not later than 5 working days after the end of each evaluation period. The self-evaluation shall not exceed 1 page per PRS element.

The self-assessment shall address both the strengths and weaknesses of the Contractor's performance during the evaluation period. Where deficiencies in performance are noted, the Contractor shall describe the actions planned or taken to correct such deficiencies and avoid their recurrence. The self-assessment itself will NOT be the basis for the payment re-calculation determination.

c. COR Recommendation. The COR will consider all evaluations and any other pertinent information, including Contractor self-assessment, and will prepare a report to the Contracting Officer with findings and recommendations. The Contractor will be provided a copy of the draft findings and recommendations of the COR and will be afforded the opportunity to identify factual error. The COR's draft recommendation is not subject to negotiation and the COR will not engage in discussions with the Contractor. Any errors identified by the Contractor will be addressed by the COR in its final report. The Contractor will be provided a copy of the final COR report at the same time the report is submitted to the Contracting Officer.

d. The Quality Assurance Surveillance Plan is one evaluation method the government uses to surveillance performance to determine whether the Contractor meets the standards of performance as defined in the PWS. The absence of a QASP for any contract requirement, however, shall not detract from its enforceability or limit the rights or remedies of the government under any other provision of the contract in determining the quality of the Contractor performance of the period being evaluated. All Contracting Officer decisions regarding payment re- calculations are unilateral decisions made solely at the discretion of the Government.