Pre-solicitation_notice_1.pdf

Solicitation Number: 140R4025Q0034

Pre-Solicitation

PURPOSE: The U.S. Bureau of Reclamation (Reclamation), Upper Colorado Basin (UCB) Region, Western Colorado Area Office (WCAO), is issuing this pre-solicitation notice for a contemplated service requirement titled: Pueblo of Acoma Further Mitigation Program

(FMP).

This requirement is being procured in accordance with Part 13 in conjunction with Part 12 of the Federal Acquisition Regulations (FAR) as a sole source under a small business set aside. This notice of intent to award as a sole source purchase order is not a request for competitive proposals. There will be no solicitation available for competitive quotes. Any response to this notice must show clear and convincing evidence that competition would be advantageous to the Government. Respondents are advised that the Government is under no obligation to acknowledge receipt of the information received or provide feedback to respondents with respect to any information submitted. Responses shall include the firms Unique Entity Identifier (EUI), Cage Code, business size (small, other than small, etc.) in accordance with the size standard for NAICS code 541720 with a size standard of $28.0 million. If no affirmative written response is received by March 4, 2025 2:00PM MDT, the purchase order will be issued without further notice.

PROJECT DESCRIPTION: This project consists of managing and implementing the Navajo Gallup Water Supply Project (NGWSP) Further Mitigation Program (FMP) for the Pueblo of Acoma. The services required are the planning, implementation, and completion of the Pueblo of Acoma FMP. The Pueblo of Acoma may elect for the contractor to include the following FMP outcomes:

• Tribal Mentorship Program

• Tribal Traditional Resource Guides

• Popular Audience Publication on the Descendant Tribal Communities of the San Juan Basin

• Overcoming Obstacles to Effective Collaboration and Consultation Symposium Presentation

The contractor shall coordinate with the Pueblo of Acoma to develop the proposal for this contract. Written support for the proposal from the Pueblo of Acoma shall be required with the proposal submission. The contractor shall manage implementation of the Pueblo of Acoma’s desired FMP mitigation outcomes. Quarterly progress reports shall be provided to Reclamation by email. Final products designed for the general public shall be submitted to Reclamation.

LOCATION: Pueblo of Acoma Village in New Mexico.

NAICS AND SIZE STANDARD: The NAICS for this project will be 541720 with a small business size standard of $28.0 Million.

PERIOD OF PERFORMANCE: 04/07/2025 – 04/06/2028

COMPETITION: A determination by the Government not to compete the proposed procurement based upon responses to this notice is solely within the discretion of the Government. Information received will be considered solely for the purpose of determining whether to conduct a competitive procurement. Any solicitation resulting from the analysis of information obtained will be announced to the public on System for Award Management (SAM.GOV) in accordance with the FAR Part 5. However, responses to this notice will not be considered adequate responses to a solicitation. No proprietary, classified, confidential, or sensitive information should be included in your response. The Government reserves the right to use any non-proprietary technical information in any resultant solicitation(s).

SYSTEM FOR AWARD MANAGEMENT (SAM, www.sam.gov): The System for Award Management (SAM) is a recently implemented Federal Government owned-and-operated FREE web site that consolidates the capabilities in Central Contractor Registration (CCR)/Federal Register (FedReg), Online Representations and Certifications Application (ORCA), and Excluded Parties List System (EPLS). Offerors must be successfully registered in SAM in order to be considered for a government contract award. If you had an active record in CCR, you have an active record in SAM.

POINT-OF-CONTACT FOR QUESTIONS: Any communications regarding this procurement must be made in writing and forwarded via email and must identify the solicitation number, company name, address, email address, phone number including area code, and point of contact.

Emails shall be addressed to the Contract Specialist/Contracting Officer. The Contracting Specialist and Contracting Officer for this solicitation is Brittney Nielson, email:

bnielson@usbr.gov and Andrew Taylor email: ataylor@usbr.gov

NOTE: THIS IS NOT A REQUEST FOR PROPOSAL (SOLICITATION), AN INVITATION

FOR BID (IFB), NOR IS IT A REQUEST FOR QUOTATION (RFQ). It is not to be construed as a commitment by the requesting party to issue a solicitation or ultimately award a contract.

Responses will not be considered as proposals, bids, or quotes. No award will be made as a result of this Notice. The Government will NOT be responsible for any costs incurred by interested parties in responding to this Notice. This FedBizOps Notice is strictly for compliance with FAR Subpart 5.2. As a result of this Notice, the Government may issue a competitive solicitation;

however, should such requirements materialize, no basis for claims against the Government shall arise as a result of a response to the Notice (e.g. use of such information as either part of its evaluation process or in developing specifications for any subsequent requirement).

http://www.sam.gov/ mailto:bnielson@usbr.gov mailto:ataylor@usbr.gov

PERFORMANCE WORK

STATEMENT

Navajo Gallup Water Supply Project Pueblo of Acoma Further Mitigation Program (FMP) Project

Pueblo of Acoma

January 2025

1.0 SCOPE

1.1 Objective

The objective of this contract is to acquire contractor services to manage and implement the Bureau of Reclamation’s (Reclamation) Navajo Gallup Water Supply Project (NGWSP) Further Mitigation Program (FMP) for the Pueblo of Acoma. The services required are the planning, implementation, and completion of the Pueblo of Acoma FMP. The Pueblo of Acoma may elect for the contractor to include the following FMP outcomes in their proposal:

1. Tribal Mentorship Program

2. Tribal Traditional Resource Guides

3. Overcoming Obstacles to Effective Collaboration and Consultation Symposium

Presentation

4. Other Government-to-Government Consulted Outcomes

The contractor shall coordinate with the Pueblo of Acoma to develop the proposal for this contract.

Written support for the proposal from the Pueblo of Acoma shall be required with the proposal submission. The contractor shall manage implementation of the Pueblo of Acoma’s desired FMP mitigation outcomes. Progress reports shall be provided to Reclamation by email. Final products designed for the public shall be submitted to Reclamation. Final products not designed for the public will not be provided to Reclamation.

The contract shall be a three (3) year non-severable service contract starting in Fiscal Year (FY) 2025.

1.2 Background

Reclamation’s Upper Colorado Basin Region’s Western Colorado Area Office (WCAO) consists of two offices in Grand Junction and Durango and several field offices with projects encompassing western Colorado, northwestern New Mexico and northeastern Arizona. The WCAO is responsible for Reclamation projects and program activities in the Upper Colorado, Gunnison, Yampa, White, Dolores, Uncompahgre, Animas, and San Juan River Basins. WCAO staff work with many entities including federal, state, and local governments; water providers; and tribal nations. The WCAO manages environmental and cultural compliance for the NGWSP.

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 is funded through a combination of federal, state, tribal, and local money. Reclamation is the lead federal agency, responsible for ensuring environmental and cultural compliance for the project. Cultural resource compliance on the project began in 2010. The NGWSP Programmatic Agreement (PA) among 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) Regarding the Consideration and Management of Effects on Historic Properties Arising from Construction of the NGWSP, New Mexico was signed on November 21, 2011. Fifteen tribes consult with Reclamation on the NGWSP PA and meet quarterly with other stakeholders at PA Workgroup Meetings.

Reclamation has determined that the NGWSP will result in adverse effects to historic properties. Through ongoing consultation with NGWSP consulting parties, including the Pueblo of Acoma, Reclamation has determined that such adverse effects include changes in the association integrity for numerous historic properties. Of particular importance to consulting tribes are associations between prehistoric sites, other NRHP-eligible resources, cultural landscapes, and descendant communities. In numerous conversations with consulting tribes, several desirable mitigation outcome themes for these adverse effects have emerged. These themes include:

a. The importance of tribal programs that encourage and facilitate cultural education, participation, and mentoring among elders, youth, and other community members

b. The importance of resource guides that are accessible to a diverse tribal audience, including children

c. The importance of published literature, available to the general public, which accurately conveys the archaeological and living history of Native Americans in the region

d. The importance of sharing, with other tribes, agencies, and individuals, the existing obstacles to effective, collaborative, tribal participation in the NHPA Section 106 review process and steps toward improvement

After years of collaboration and consultation, Reclamation finalized the Further Mitigation Program for Adverse Effects to Historic Properties document in February of 2024. The document outlines four FMP outcomes:

1. Tribal Mentorship Program

2. Tribal Traditional Resource Guides

3. Symposium

4. Other Government-to-Government Consulted Outcomes

The document ensures that sensitive data is secure by limiting deliverables to those designed for the general public and progress reports. Tribes may decide to participate in any of the four outcomes. The fourth outcome can be consulted directly with Reclamation but must align to the FMP themes listed above and tie to the San Juan Basin. The Symposium outcome will be contracted outside of this FMP contract at Reclamation’s discretion. This contract is to launch and complete FMP mitigation outcomes 1, 2, or 4 as listed above and selected by the Pueblo of Acoma for the NGWSP.

2.0 References

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

# Title and Edition Date Source 1 Programmatic Agreement Nov. 21, 2011 WCAO 2 Public Law 111-11 http://www.usbr.gov/uc/rm/navajo/nav-gallup/pdfs/Nav-Gallup- PL111-11.pdf

2009 WCAO

3 Further Mitigation Program for Adverse Effects to Historic Properties February 2024 WCAO

3.0 Tasks

The contractor shall provide management of cultural resource FMP mitigation outcomes selected by the Pueblo of Acoma. Selected mitigation outcomes may include tribal internships, development and production of tribal traditional resource guides and popular audience publication material on the descendent tribal communities of the San Juan Basin, as well as academic materials and symposia informing tribal and archaeological communities about lessons learned from the NGWSP.

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

3.1 Program/Project Management

The contractor shall supply sufficient and qualified project management staff to complete FMP outcomes identified by the Pueblo of Acoma. The contractor shall provide support to the Pueblo of Acoma which may include attending NGWSP PA workgroup meetings, consultation, coordination meetings, and/or attending or conducting in-field or site visits with Reclamation staff and/or project participants to discuss the FMP.

3.1.1 Launch Program

The contractor shall coordinate the FMP Pueblo of Acoma project launch by developing any necessary documents, forms, and reports to implement the program. The contractor team shall clearly communicate with Reclamation staff, participating tribes’ cultural staff, and/or leaders as appropriate to ensure smooth program management.

3.1.2 Manage Program

The contractor shall network to maintain strong communication between Reclamation, the Pueblo of Acoma Tribal Historic Preservation Office staff, and other project team members. Annual progress reports without sensitive information shall be developed and provided to Reclamation. Reclamation staff will coordinate with the Pueblo of Acoma to schedule project visits if desired by the Pueblo of Acoma.

3.1.3 Close Program

The contractor shall assist in the dissemination of FMP deliverables as desired by the Pueblo of Acoma. The Contractor shall also ensure that only materials intended for the general public are provided to Reclamation.

3.2. FMP Pueblo of Acoma

Collaborating with the Pueblo of Acoma, the contractor shall execute FMP mitigation. The Pueblo of Acoma may select to participate in any or all of the following FMP outcomes. All FMP outcomes are not required for this contract. Mitigation is guided by the Further Mitigation Program for Adverse Effects to Historic Properties document. Any project work supported under this contract shall not be also funded by Reclamation for the Symposium.

3.2.1 Outcome 1: Tribal Mentorship Program

The Tribal Mentorship Program shall facilitate tribal community members sharing and learning of traditional knowledge through close interaction with and guidance from cultural practitioners and preservation staff within their community. Participants shall interact with their community’s Tribal Historic Preservation Officer, Native American Graves Protection and Repatriation Act (NAGPRA) Coordinator, and/or Rights Protection Officer. Program internships shall offer opportunities to create and strengthen relationships between these related but unique offices, engage traditional practitioners, promote preservation, and support the intergenerational transmission of traditional culture.

The Pueblo of Acoma shall determine if they would like to participate in the program. If participating, the proposal shall include a scope of work and budget.

3.2.2 Outcome 2: Tribal Traditional Resource Guides

Tribal Traditional Resource Guides may include, but are not limited to children’s coloring books, recorded interviews, printed materials, websites, videos, smartphone or tablet apps. These guides shall cover cultural topics identified by participant tribes as especially important or in danger of being lost.

Potential topics include, but are not limited to, oral histories, sites and landscapes in the NGWSP APE, and traditional uses of plant, animal, mineral, and landscape resources. Tribal community members shall guide this outcome. Community members may include Tribal Mentorship Program participants, traditional leaders, elders, subject matter experts, preservation staff, and prospective readers. As a collaborative effort, participants would work together to gather, evaluate, and organize what they deem to be appropriate, traditional information. If desired, the community-based resource guides could utilize the community’s traditional language, along with English translations and/or Linnaean classification system nomenclature, allowing resources to reach a wider tribal audience and permitting cross-referencing. If desired, tribes can adapt their traditional resource guides, into tribal education programs.

The Pueblo of Acoma will decide if they would like to participate in this outcome. If participating, they shall draft a proposal outline a scope of work and budget to complete the project.

3.2.3 Outcome 3: Overcoming Obstacles to Effective Collaboration and Consultation Symposium Presentation Building on the position paper, Thoughts for The NGWSP Tribal PA Workgroup’s Consideration Regarding Mitigation Approaches Appropriate to Indigenous Values and Needs (Anschuetz and Dongoske n.d.) introduced to the NGWSP PA Workgroup, Reclamation will sponsor co-authored research papers and symposium, or symposia based on effective collaboration and consultation.

Reclamation is separately funding the Symposium. Tribes may elect to allocate funds for additional support for additional numbers of attendees or to reimburse authors time spent on paper preparation.

3.2.4 Outcome 4: Government-to-Government Consulted Outcomes

Reclamation desires that the FMP be the best fit for each tribal community and is open to government-to-government consultation on other Tribe specific outcomes that are in alignment with the overall FMP themes and have ties to the San Juan Basin. The Pueblo of Acoma is welcome to provide a scope of work and budget for additional FMP Outcomes in alignment with the FMP themes and that ties to the San Juan Basin.

4.0 Regulations/Policies

Work performed under this contract shall comply with all applicable federal, state, tribal, and local regulations and standards, including but not limited to the National Historic Preservation Act (NHPA), the Native American Graves Repatriation Act (NAGPRA), the Archaeological Resources Protection Act

(ARPA).

5.0 Travel

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

6.0 Performance Requirements Summary

Task No. Task Description Performance Indicator Performance Standard

Minimum Acceptable Quality Level

3.1 Program/Project

Management

Coordination between project team, Pueblo of Acoma, and Reclamation.

Submission of appropriate deliverables to the Pueblo and/or Reclamation as appropriate.

Project parties are communicated with within 15 business days of an inquiry.

Submission of appropriate deliverables to the appropriate party within 15 business

Project parties receive responses within 30 days of an inquiry.

Submission of appropriate deliverables by timeline in proposal or communication of delays.

days of an inquiry.

3.2.1 Tribal Mentorship

Program Creation and implementation of a mentorship program.

The Pueblo of Acoma are engaged in the program.

The program is established and can provide support to mentees.

3.2.2 Tribal Traditional

Resource Guides

Quality of content and format.

The Pueblo supports the final product.

The Pueblo of Acoma can utilize the final product.

3.2.3 Overcoming Obstacles to

Effective Collaboration and Consultation Symposium Presentation

Clarity and comprehensiveness of the paper.

The paper incorporates Pueblo of Acoma experiences with obstacles to effective collaboration.

Paper completed and supported by the Pueblo of Acoma.

3.2.4 Government-to-

Government Consulted Outcomes

Creation and completion of other outcomes.

The Pueblo supports the final product.

The program is established and the Pueblo of Acoma can utilize the final product.

7.0 Data and Reports

Item No. Description Content Format Medium Delivery

1 Annual Progress Report

See PWS, paragraph 8.1. Report, not to exceed 20 pages.

PDF, email COR shall receive a copy annually, initiating 12 months after the contract is executed.

2 Incremental Progress Reports

See PWS, paragraph 8.2. Report, not to exceed ten (10) pages.

PDF, email COR shall receive by email

3 Final Mitigation Products

See PWS, paragraph 3.2.1-3.2.4.

Pueblo of Acoma’s choice.

PDF, email and/or hardcopy, mail

COR shall receive a copy of all final products, except Tribal Traditional Resource Guides (these are intended for sole tribal use) within 30 days of finalized products. A letter from the Pueblo of Acoma shall confirm receipt of this deliverable.

8.0 Deliverables

8.1 Annual Progress Reports (Task 3.1)

Reports shall summarize progress accomplished each year, identifying progress anticipated in the next year, challenges encountered, how Reclamation can further support the program. Annual Progress Reports must be signed as accepted by the Pueblo of Acoma Tribal Historic Preservation Office.

8.2 Incremental Progress Reports (Task 3.1)

Reports shall summarize progress accomplished between payment requests, identify anticipated progress, challenges encountered, how Reclamation can support the project.

8.3 Final Mitigation Products (Task 3.2.2—3.2.4)

See PWS paragraphs 3.2.2 through 3.2.4 for details on potential products. The Pueblo of Acoma shall specify appropriate products based on their proposal. A letter from the Pueblo of Acoma shall confirm receipt of this deliverable as submission of deliverable to Reclamation is not required if the products are sensitive in nature.

9.0 Permits

Acquiring permits to conduct project work on federal, state, tribal, and private land shall be the sole responsibility of the Contractor. Receipt of award under this contract does not guarantee the issuance of the necessary permits or mandate a timeframe for permit issuance by land managers and/or regulatory agencies. If applicable, the Contractor shall provide copies of all necessary permits to the COR prior to the initiation of project work, and copies shall be maintained on site with project teams.

DETERMINATION TO SOLICIT FROM A SINGLE SOURCE

Pursuant to Federal Acquisition Regulation (FAR) 13.106-1(b)(1)(i), for purchases not exceeding the Simplified Acquisition Threshold (SAT) Contracting Officers may solicit from only one source if the circumstances of the contract action deem only one source is reasonably available (e.g., urgency, exclusive licensing agreements, brand name, or industrial mobilization).

Pursuant to FAR 13.106-1(b)(1)(ii), when a single source is identified to provide a portion of the purchase as a Brand-Name, the documentation in paragraph 3 must state that this determination is only for a portion of the requirement.

1. Agency and Contracting Activity.

DOI-BOR-UC

Western Colorado Area Office Durango, CO 81301

2. Name and Address of Single Source.

Rio Del Oso Anthropological Services, LLC 6228 Calle Pinon NW Albuquerque, New Mexico 87114-2445, United States

UEI: D92LMJKQ6LF5

3. Description of Supplies/Services and Estimated Cost.

The objective of this requirement is to acquire contractor services to manage and implement the Navajo Gallup Water Supply Project (NGWSP) Further Mitigation Program (FMP) for the Pueblo of Acoma. The services required are the planning, implementation, and completion of the Pueblo of Acoma FMP. The contractor shall manage implementation of the Pueblo of Acoma’s desired FMP mitigation outcomes.

Period of Performance: 04/07/2025 – 04/06/2028

4. Description of Circumstances, including why only one source is reasonably available.

The Pueblo of Acoma has requested to contract through Rio Del Oso Anthropological Services, LLC. The organization is the only contractor the Tribe will allow on the land and to have access to documents needed for this requirement. The contractor also has essential established contacts throughout the Pueblo. They are trusted cultural resource professionals able to secure required permits and familiar to tribal experts whose participation is essential to the completion of this project.

WBR 1413.106-1 Template 1 eFile - B02 (11/2020)

5. Determination of Fair and Reasonable Price.

The anticipated cost will be considered fair and reasonable in comparison with previous costs from historical contracts and costs/prices for similar services. Additionally, in accordance with FAR Part 13.106-3(a)(2) Market Research, (ii) Comparison of the proposed price with prices found reasonable on previous purchases (iv) A comparison with similar items in a related industry and (vii) Comparison to an Independent Government estimate.

6. Description of Market Research.

A dynamic small business search found multiple vendors registered under the specific NAICS 541720, however, due to the nature of the requirement the Contracting Officer has determined to award this as a sole source to Rio Del Oso Anthropological Services, LLC.

SIGNATURES

PREPARED BY:

Name: Brittney Nielson

Date: 02/06/2025

CONTRACTING OFFICER (CO) (FAR 13.106-1(b)): (All Values)

Name: Andrew Taylor

Date: 02/06/2025

WBR 1413.106-1 Template 1 eFile - B02 (11/2020)

X BRITTNEY

NIELSON 12:19:19 -07'00'

X ANDREW

TAYLOR 13:08:28 -07'00'