PAPM_2023_PWS-Updated_5Sep23_0001.pdf

PERFORMANCE WORK STATEMENT

Navajo Gallup Water Supply Project National Historic Preservation Act

Programmatic Agreement Program Management

FY 24 – FY 28

1.0 SCOPE

1.1 Objective

The objective of this contract is to acquire contractor services to provide National Historic Preservation Act (NHPA) Section 106 Programmatic Agreement (PA) compliance program management to support the construction of the Navajo Gallup Water Supply Project (NGWSP). These services shall be for a five-year period with a performance period of approximately February 1, 2024, through January 31, 2029. The contract shall be a five (5) year non-severable service contract starting in Fiscal Year (FY) 2024.

The NGWSP PA between the Bureau of Reclamation (Reclamation), the Advisory Council on Historic Preservation (ACHP), the New Mexico State Historic Preservation Officer (NM SHPO), the Navajo Nation, the Bureau of Land Management (BLM), and the Bureau of Indian Affairs (BIA) was signed on November 21, 2011. Implementation of the PA requires Reclamation to utilize an independent Programmatic Agreement Program Manager (PAPM) to provide objective and non-partisan communication and coordination with PA signatory and concurring parties and other consulting Native American Tribes. The original purpose of the process was to ensure that Tribal organizations claiming affiliation to lands and Traditional Cultural Properties (TCPs) in the project area would be afforded the opportunity to comment and consult on the effect of the NGWSP on historic properties and TCPs.

In summary, the PA Program Management Contractor shall provide the following primary services:

1.1.1. Independently monitor, assess and report to the parties on Reclamation’s compliance with the terms of the PA and ensure project reports and other documentation adhere to accepted professional standards;

1.1.2. Ensure that all parties with known or potential interests in particular reaches, project areas, issues, sites, or reports, are kept apprised of activities bearing on their interests, and given the opportunity to influence decisions regarding such interests;

1.1.3. Organize the scheduling, facilitation, and conduct of meetings among parties regarding the implementation of the PA by means of a PA Workgroup which consists of the signatory, concurring, and consulting parties to the PA;

1.1.4. Establish and maintain lines of project-related communication and consultation between the Parties and the design and construction engineers, including the creation and maintenance of a project Sharepoint site, and the continual upkeep of a project communication plan and lists of current email addresses of all PA Workgroup members;

1.1.5. Address requests by PA Workgroup to review documentation produced pursuant to the PA;

1.1.6. Coordinate the timely distribution of reports and other products and the issuance of regular public updates regarding historic preservation issues;

1.1.7. Maintain a log of consultation requests and responses and issue internal cultural resource clearance Notice-to-Proceed (NTP) recommendation memos for specific reaches or blocks prior to construction. The memos will summarize previous cultural work (surveys, inventories, consultations), National Register of Historic Places (NRHP) eligibility and effect determinations, treatment and/or mitigation of effects to eligible historic properties as well as any contractor stipulations for each reach;

1.1.8. Develop a Best Practice Manual and a Lessons Learned case study or studies on the Project for reference in future similar projects; these products are to be made available to the PA Workgroup, professionals in cultural resource management, and the general public. This will entail digital and hard copy distribution of these products.

The contractor shall assist with the coordination of all reviews and deliverables required under the terms of the PA, ensure that Reclamation consults with the PA Workgroup and comply with the Secretary of the Interior's Professional Qualifications Standards.

The contractor shall not assume any of Reclamation's responsibility for Section 106 or government-to-government tribal consultation although it shall assist in these consultation efforts.

1.2 Background

The Bureau of Reclamation was authorized by Public Law 111-11 to begin construction of the NGWSP by 2012. The NGWSP is designed to bring a reliable potable water supply to communities on the west side of the Jicarilla Apache Nation, the eastern side of the Navajo Nation in McKinley, Rio Arriba, Sandoval and San Juan Counties, New Mexico, and the City of Gallup, NM. The Project will be funded through a combination of federal, state, tribal, and local money. The Bureau of Reclamation is the lead federal agency, responsible for ensuring environmental and cultural compliance for the project.

The entire Project comprises approximately 300 miles of pipeline, one river intake, one reservoir intake, two water treatment plants, 19 pumping plants, five regulating tanks, and 25 community storage tanks.

Portions of the Project are being designed and constructed by Reclamation and some by project partners such as the City of Gallup and the Navajo Nation. Environmental compliance for the portions not designed and constructed by Reclamation will be partially undertaken by the partners although Reclamation, as the lead federal agency, will retain ultimate responsibility for NHPA and National Environmental Policy Act (NEPA) compliance.

In 2009, NEPA compliance for the NGWSP was completed with the Record of Decision (ROD) for the Planning Report and Final Environmental Impact Statement (FEIS). The FEIS was analyzed from a regional, broad planning prospective (referred to by Reclamation as an Appraisal Level study). This FEIS provided a best estimate of engineering details and environmental effects known at that time and reviewed from a broad perspective.

Additionally, to ensure NHPA compliance, the FEIS and ROD required that a PA be developed and implemented that ensured compliance with NHPA requirements for the project prior to initiation of construction. As part of negotiations with Interested and Affiliated Indian Tribes and other state and federal agencies, the signed PA required that a PA Workgroup be developed to expedite the dissemination of information to Tribal Governments and other state and federal agencies and to ensure that Tribal concerns and information on Traditional Cultural Properties (TCPs) that may be affected by the project are considered as part of the NHPA Section 106 consultation process. A requirement tied to the implementation of the Workgroup was that a project management organization (PAPM), independent of

Reclamation, be contracted by Reclamation to manage the Workgroup activities and provide objective assistance to the Tribes in their process of providing input to the NGWSP planning and construction processes.

In 2013, Reclamation obtained the services of a contractor to serve as the NGWSP PAPM through mid- 2018. Subsequently, Reclamation hired a contractor to serve as the NGWSP PAPM from mid-2018 through mid-2023. Reclamation and the PAPM have facilitated up to four (4) PA Workgroup meetings and group field/site visits on the project each year. Reclamation and the PAPM have also facilitated up to ten (10) individual field visits per year, to the project area away from a group setting. In conjunction with the PA Workgroup and the PAPM facilitation, Reclamation has started construction on roughly 85% of the project. This new 5-year contract will continue providing required PAPM services to the NGWSP through 2028.

1.3 References

The following list of documents are required in the performance of this contract; links are included:

Number Title and Edition Date Source 1 Final Environmental Impact Statement http://www.usbr.gov/uc/envdocs/eis/navgallup/FEIS/index.html July 2009 WCAO

2 Record of Decision http://www.usbr.gov/uc/envdocs/eis/navgallup/FEIS/Navajo-GallupROD- Signed.pdf

July 2009 WCAO

3 Programmatic Agreement Nov. 21, WCAO

4 Public Law 111-11 http://www.usbr.gov/uc/rm/navajo/nav-gallup/pdfs/Nav-Gallup-PL111-11.pdf

2009 WCAO

2.0 TASKS

2.1. Facilitate Communication and Exchange of Information with Signatory, Concurring and Consulting Parties to the PA.

2.1.1. Review the existing NGWSP communication plan for Tasks 2.1.2 through 2.1.7. Update the communication plan twice per year due to changes in project personnel, government elections, and Tribal/Agency point-of-contacts.

2.1.2. Schedule and facilitate PA Workgroup meetings and field/site visits. This task includes organizing all logistics for meetings (including but not limited to meeting rooms, projection equipment, presentations, etc.) and field/site visits (including but not limited to vehicles, driving directions, handouts of information and maps, etc.). The contractor shall make arrangements that include paying for the meeting room(s) as necessary. The contractor shall contact the participants and provide a head count to Reclamation within two (2) business days of the event. Reclamation anticipates that there will be approximately 10 tribes that choose to attend the consultation meetings and/or field trips, with no more than two (2) representatives per tribe. Additional representatives from Reclamation, the Bureau of Land Management (BLM), the Bureau of Indian Affairs (BIA), the Advisory Council on Historic Preservation (ACHP), the City of Gallup, and the New Mexico State Historic Preservation Officer (NMSHPO) may attend these events as well. The contractor shall ensure that adequate seating is available for all parties at these events and shall provide customary hospitality in accordance with Working With Indian Tribal Governments Consultation, Cultural Awareness, and Protocol Guidelines, July 2020. Reclamation anticipates the contractor shall be required to facilitate http://www.usbr.gov/uc/envdocs/eis/navgallup/FEIS/index.html http://www.usbr.gov/uc/envdocs/eis/navgallup/FEIS/Navajo-GallupROD-Signed.pdf http://www.usbr.gov/uc/envdocs/eis/navgallup/FEIS/Navajo-GallupROD-Signed.pdf http://www.usbr.gov/uc/rm/navajo/nav-gallup/pdfs/Nav-Gallup-PL111-11.pdf up to four (4) large consultation meetings per year. A large consultation meeting will typically consist of a single day of meeting(s) in a conference room setting and a consecutive single day of site visits to the NGWSP project area, for a total of two (2) days per consultation meeting. In addition to the large consultation meetings, Tribal representatives are anticipated to request individual field visits to NGWSP project areas to examine cultural resources associated with the project outside of group settings and consult with Reclamation on potential effects of the project. Historically, individual field visits have consisted of 1-5 Tribal representatives accompanying Reclamation and PAPM staff for a single day of visiting sites along a section of the NGWSP. Reclamation anticipates the contractor shall be required to facilitate up to ten (10) individual field visits per year.

2.1.3. The contractor shall act on the behalf of Reclamation to support the direct travel and participation costs for tribal participants. This includes reimbursement of vehicle mileage, hotel room, and per diem. The contractor shall be directly responsible for lodging arrangements and payments for tribal participants. The contractor may pay at the rates claimed, but these rates may not exceed the prevailing federal government rates as published by the Office of Management and Budget (OMB).

The contractor shall not reimburse tribal meeting participants when meals are otherwise provided.

The contractor shall provide catering or meal service for any meeting lasting longer than four hours.

The contractor shall reimburse tribal participants for mileage and per diem at the end of meetings and site visits. Meetings shall be scheduled in various locations throughout the region that will be accessible to the consulting parties, including but not limited to Albuquerque, Santa Fe, Gallup, and Farmington, New Mexico. For those tribal participants traveling 200 miles or more, the contractor shall arrange hotel rooms for the night(s) before and after the meetings or field visits if necessary.

2.1.4. Distribute reports, schedules, Workgroup meeting notes, and other PA-related documentation to PA parties for review in formats acceptable to each party.

2.1.5. Summarize documents and reports for Parties as required, and present oral and written discussions on PA issues to participating parties.

2.1.6. Facilitate and encourage Tribal and other state and federal agency involvement and input, such as specific reach and site visits.

2.1.7. Collate and organize data, reports and other input received from tribal representatives and other state and federal agency representatives and ensure that this data is properly transmitted to Reclamation’s cultural resource program; additionally, facilitate written and oral feedback to tribal representatives and other state and federal agency representatives on Reclamation decisions to implement or forego requested actions.

2.1.8. Facilitate successful communication to support the NHPA consultation between Tribal representatives, the project cultural resource contractors, other State and Federal PA Workgroup members, Reclamation’s cultural resource staff, and Four Corners Construction Office (FCCO) staff.

2.2 Maintain a Web-Based Access System for All NGWSP Tribal Consultation Data, Reports and Decisions.

The contractor shall work with Reclamation staff and participating Tribes to utilize a secure web-based access system (File Transfer Protocol Site) for the sharing of NGWSP related documents, communications, and information. The contractor is expected to identify and utilize an existing web-based access system, such as Microsoft SharePoint, in the completion of this task. The contractor shall be responsible for the overall management of information being hosted on the site. The contractor shall coordinate with Reclamation and NGWSP participating tribes to ensure the accuracy and completeness of the information being uploaded and shared through this site.

2.3 Prepare NTP Recommendation Memos for Construction for Specific NGWSP Reaches.

Ensure that the PA Workgroup review for a specific Reach is sufficient to meet NHPA consultation requirements and recommend to Reclamation’s cultural resource program with adequate supporting documentation that Notice to Proceed can be provided to the FCCO for construction to begin. The recommendation shall take the form of a cultural resource clearance memo, which shall outline: a description of the specific Reach(es), a summary of the consultation which occurred for the Reach(es), a summary of mitigation measures undertaken to resolve adverse effects from construction, a summary of construction stipulations such as archaeological monitoring requirements, and a recommendation as to whether NHPA requirements have been met and construction should proceed on the designated Reach(es). Reclamation anticipates the contractor shall be required to produce up to fifteen (15) cultural resource clearance memos throughout the five year contract.

2.4 Best Practice Manual and a Lesson Learned Case Study or Studies on the NGWSP NHPA Tribal Consultation Process, Procedures, and Outcomes.

The contractor shall review and update the draft Best Practices Manual and Lessons Learned Case Study in support of the NGWSP that was produced for the project in 2023. During the fourth year of this contract (Contract Year 4), the contractor shall begin updating the Best Practices Manual and Lessons Learned Case Study/Studies to account for new developments in the project or consultation process. The update will be developed with input from Reclamation and the PA Workgroup participants. An updated draft of the Best Practices Manual and Lessons Learned Case Study/Studies shall be provided to the PA Workgroup participants at the end of the fourth year of the contract (Contract Year 4). A final updated version of the Best Practices Manual and Lessons Learned Case Study/Studies, one which accounts for any Agency/Tribal comments received on the draft version, shall be delivered to the PA Workgroup parties within 120 days of the end of the fifth/final year of the contract (Contract Year 5).

2.5 Monitor PA NHPA Compliance for the NGWSP and Produce an Annual PA Progress Report.

The contractor shall monitor the activities of Reclamation’s cultural resource program, the project cultural resource contractor(s), the FCCO and its construction contractors, Parties to the PA, and the Workgroup and determine whether the compliance requirements of the PA have been met. The contractor shall write a PA progress report annually, as described in Section XIV of the PA. Reclamation will distribute the annual progress report. The annual progress report shall address progress in constructing the project, progress in identifying historic properties, progress in developing and implementing treatment plans, inadvertent discoveries during construction, problems or unexpected issues experienced, upcoming project challenges, and any recommended changes to the PA. The PA signatories are to review the annual report and provide written comments to Reclamation. Based on this review, the signatories are to determine whether the PA will continue in force, be amended, or be terminated. The contractor shall provide the draft annual report to Reclamation on or before October1st of each calendar year. The PA Workgroup has sixty (60) days to review the report. If changes are requested to be made to the report from PA Workgroup parties, a final annual report will be provided within fifteen (15) calendar days of the completion of the sixty (60) day review period.

Performance Requirements Summary

Task No.

Task Description Performance Indicator Performance Standard Minimum Acceptable Quality

2.1 Facilitate

communication and exchange of information

Update and implement the communication plan.

Facilitate PA Consultation Workgroup meetings and NGWSP consultation procedures.

Maintain consultation tracker. Compose PA Workgroup minutes.

Document input from site visits, tribal outreach and coordination calls.

Accurate and timely assessment of the needs of the PA Workgroup based on the PA and supporting those needs by developing and distributing the necessary documents and project information.

Response to PA Workgroup requests within 15 calendar days. Completion and implementation of PA Workgroup requests. Compose PA Workgroup minutes within 30 calendar days.

Provide notes from site visits within 15 days.

2.2 Maintain web-

based access system

Utilize and manage a web-based access system for NGWSP cultural program document sharing.

Accurately input all data requirements. This will be accomplished by a random sample. Random data reports and decisions will be searched to check if it is available for the PA Workgroup as intended.

Upload new materials within 15 calendar days.

System access to all consulting parties with no more than 5 missing documents.

Upload new materials with 15 Calendar Days.

Missing documents should be made available within a 24-hour notice of deficiency.

2.3 Recommendation

for Notice to Proceed (NTP)

Prepare and issue notice to proceed recommendation memos.

Factually assess and report the consultation record and compliance requirements for a Reach prior to construction

NTP.

Provide NTP recommendation memos to Reclamation for each requested Reach(es) using a consistent memo format within 30 calendar days.

2.4 Best Practice

Manual and Lessons Learned Study

Develop manual and study.

Entirely assess findings and effectiveness of the overall PA consultation process.

This is accomplished by updating the established Best Practice Manual and Lesson Learned Study.

Provide draft in Year 4 of Contract and final manual and study within 120 days of the end of the contract.

2.5 Monitor PA

compliance

Write the annual PA Progress Report

Accurately assess project compliance with the

NGWSP PA.

Provide an annual report for review to PA Workgroup on or before October 1st of each calendar year.

Update based on received comments and finalize annual report within 75 calendar days of providing draft to

PA Workgroup.

3.0 DATA AND REPORTS

3.1. Written Communication Plan Update, written Annual PA Progress Report, written NTP Recommendation Memos, and written Best Practice Manual/Lessons Learned Study Update.

All data and reports, including but not limited to those listed above, shall be prepared in Microsoft Word (2003 or later versions) and Adobe PDF. Final versions shall be provided as an electronic Section 508-compliant PDF document. The electronic documents shall be delivered to the Contracting Officer’s Representative (COR), the Contracting Officer (CO) and the Contract Specialist (CS) before the first pre-established deadline.

4.0 DELIVERABLES

4.1. Reviewed and updated Communication Plan shall be provided within 30 calendar days following the award of the contract, subsequently August 1st and February 1st each year; the final plan provided 15 calendar days following completion of Reclamation’s review (Reclamation’s minimum review time is 5 business days.)

4.1.1 Draft meeting minutes within 15 calendar days of meetings. Provide Reclamation five business days to comment on the meeting minutes. Incorporate comments as applicable within 15 days of receipt.

4.1.2 Maintain a consultation tracker documenting PAPM communications outside of formal meetings with PA Workgroup members. Provide date and synthesis of communicated information.

4.2. An existing secure web-based file sharing site shall be maintained and updated throughout the contract and NTP for entering data provided within 15 calendar days. Final reports and consultation documentation shall be uploaded after 10 business days of receipt of the final by the contractor.

4.3. Reach Specific Written NTP Recommendation Memos- Draft NTP Memos shall be provided within 30 calendar days of request for NTP Memo by Reclamation: final written NTP provided within 5 business days of Reclamation’s review/edits (Reclamation’s minimum review time is 5 business days).

4.4. Best Practice Manual and Lessons Learned Study Update- Draft updated Manual & Study documents shall be provided at the end of Contract Year 4 of the contract; final updated Manual & Study documents shall be provided 120 calendar days prior to the end of Year 5 of the contract.

4.5. Annual PA Progress Report- Draft annual document shall be provided by October 1st of each calendar year; draft for consultation shall be provided within 5 business days of Reclamation review/edits (Reclamation’s minimum review time is 5 business days). Final annual document(s) shall be provided within 15 calendar days of approval by PA Workgroup (PA Workgroup’s minimum review time is 60 calendar days).

5.0 GOVERNMENT-FURNISHED EQUIPMENT (GFE) AND

MATERIALS:

5.1 GFE: None.

5.2 Government Furnished Materials: Reclamation will provide the following items to the contractor for use in the performance of this task order:

• Project related reports including but not limited to Class I Overview, Ethnographic Overview, and Research Design.

• Prior survey reports and site forms

• NGWSP Project Maps

• Project consultation record

• Past meeting minutes

• GIS shapefiles

• 2023 Communication Plan

• Current Best Practice Manual and Lessons Learned Study Draft

• Previous NTP Memos

5.3 Contractor Provided Property, Services, and Supplies

The contractor shall demonstrate that they can provide the necessary equipment, including but not limited to, cameras, field vehicles, and the capacity to staff and conduct multiple field projects simultaneously.

The contractor shall demonstrate that they can incorporate work anticipated under this task order within their existing workload. Work may be intermittent, and the contractor shall be able to provide the requested services during periods of both high and low demand.

6.0 REGULATIONS/STANDARDS

NGWSP PA, NHPA Section 106, NAGPRA, Navajo Nation Jischaa Policy, Reclamation Guidelines for Government-to-Government Consultation

7.0 TRAVEL:

The Contractor shall use the appropriate government rates as posted on www.gsa.gov.