Attachment_J-1_PWS.docx

Performance Work Statement

SUBJECT MATTER EXPERT REVIEW

United States Department of Treasury Office of Gulf Coast Restoration

REQUISITON: 19PR-TDP-0460

1. OBJECTIVE

To provide assistance to the Office of Grants and Asset Management in meeting its compliance and oversight responsibilities related to the RESTORE Act.

1. BACKGROUND

On July 6, 2012, President Obama signed the Gulf RESTORE Act into law. The Act establishes a Trust Fund in the Treasury of the United States, known as the Gulf Coast Restoration Trust Fund. Eighty percent of the administrative and civil penalties paid after July 6, 2012, under the Federal Water Pollution Control Act in connection with the Deepwater Horizon Oil Spill are deposited into the Trust Fund.

The Act is focused on restoring and protecting the environment and economy in the five Gulf Coast States – Alabama, Florida, Louisiana, Mississippi, and Texas – and has five parts.

· Direct Component - sets aside 35 percent of the penalties paid into the Trust Fund for eligible activities proposed by the five Gulf Coast States, including local governments within Florida and Louisiana.

· Comprehensive Plan Component - provides 30 percent of the penalties, plus one-half of all interest earned on Trust Fund investments, to a new Federal entity called the Gulf Coast Ecosystem Restoration Council; the Council directs those funds to projects and programs for the restoration of the Gulf Coast region, pursuant to the Council’s Comprehensive Plan.

· Spill Impact Component – uses an additional 30 percent for grants directed by the Council to the Gulf Coast States for activities consistent with the Comprehensive Plan.

· RESTORE Science Program - provides 2.5 percent of the Trust Fund and one-quarter of all interest earned on Trust Fund investments to carry out research, observation, and monitoring to support long-term sustainability of the ecosystem and in the Gulf.

· Centers of Excellence Research Grants – uses 2.5 percent of the Trust Fund and one-quarter of all interest earned on Trust Fund investments to establish centers to conduct research on the coastal ecosystem, economy, and energy development.

Expenditures from the Trust Fund for the Direct Component activities and the Centers for Excellence Research Grants are in the form of grants, which Treasury will be administering. The financial management, auditing, and reporting requirements in Federal grant law, therefore, apply to these expenditures. There are 47 different eligible applicants for the Direct Component and 4 eligible entities for the Centers of Excellence Research Grants Program.

1. SCOPE OF WORK

Treasury shall require the contractor to review and assess the reasonable use of best available science in Direct Component applications for projects with natural resource protection and restoration objectives, review an applicant’s (or, in some cases, a grantee’s) environmental compliance for relevant Direct Component and Centers of Excellence projects, and conduct on-site reviews of Direct Component construction projects.

4.0 TASKS

Contractors shall support the Office of Gulf Coast Restoration (OGCR) with the following tasks related to the RESTORE Act:

4.1 Best Available Science

Review and assess the reasonable use of best available science in Direct Component applications for projects with natural resource protection and restoration objectives. The use of “best available science” for these types of projects is required by the RESTORE Act and is defined as: “…science that—

(A) maximizes the quality, objectivity, and integrity of information, including statistical information;

(B) uses peer-reviewed and publicly available data; and

(C) clearly documents and communicates risks and uncertainties in the scientific basis for such projects”

The assessment must adhere to this definition and reflect an understanding of the relevant science underpinning the proposed projects.

Proposed projects requiring best available science review may include, from eligible activities in the RESTORE Act, those involving:

· Restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region.

· Mitigation of damage to fish, wildlife, and natural resources.

· Implementation of a federally approved marine, coastal, or comprehensive conservation management plan, including fisheries monitoring.

· Improvements to or on State parks located in coastal areas affected by the Deepwater Horizon oil spill.

· Infrastructure projects benefitting the economy or ecological resources, including port infrastructure.

· Coastal flood protection and related infrastructure.

The best available science reviews entail coordinating with OGCR personnel to plan, prepare, conduct assessments, and report on identified grant applications for natural resource protection and restoration projects, and whether the projects are reasonably based on best available science per the RESTORE Act.

As the applicant has discretion in selecting projects, the best available science review conducted by the contractor will be high level and will not result in recommendations for augmentations or alternative approaches to projects or recommendations for different projects.

Each best available science review will involve three subject matter experts, working independently. Depending on the nature of the proposed project, the expertise may be from the same or similar scientific fields, or from different scientific fields. Reviews will entail going through relevant pieces of a project application package, answering yes/no/need more information to assessment questions related to the definition of best available science in the statute, and providing OGCR with any additional comments. The attached best available science review checklist, or a comparable version, is to be completed by each of the three reviewers for each project. Reviews by the three subject matter experts for a particular project will take place concurrently. Approximately two to three weeks will be allotted for the best available science review of a particular application depending on the length and complexity of the application.

4.2 Environmental Compliance Reviews

Coordinate with OGCR personnel to plan for and review environmental compliance documentation associated with grant applications, and in some cases post-award submissions. RESTORE Act Direct Component project applications and Centers of Excellence applications include a completed Environmental Checklist which identifies the environmental laws and executive orders relevant to a project or program. This task involves the review of the applicant’s responses on the Environmental Checklist and identification of any issues or missing information. In addition, prior to constructing a project, the grant recipient must provide documentation that all environmental requirements (federal, state, and local) have been met and all necessary permits obtained. In some limited cases, there may a need for review of environmental compliance documentation provided by the recipient to confirm it is complete and meets all environmental requirements.

For the Environmental Checklist review, the contractor must:

· Review the grant application including the project description and Environmental Checklist

· Complete the OGCR provided review form of the applicant’s Environmental Checklist to determine if the Environmental Checklist is complete, identifies all relevant laws and executive orders, and describes contacts with the appropriate federal regulatory agencies.

· Identify issues that require resolution during the application review by the Treasury Project Officer

· Coordinate with OGCR to review projects included in accepted multiyear plans to identify potential environmental compliance issues, and to assist OGCR with planning and coordination with federal regulatory agencies.

Each environmental compliance review will involve one subject matter expert. The attached environmental compliance review form, or a comparable version, entails reviewing the applicability of several Federal environmental laws and Executive Orders. Approximately one to two weeks will be allotted for the environmental compliance review of a project application (and/or post-award submission of an Environmental Checklist).

4.3 On-Site Review of Construction Projects

Coordinate with OGCR personnel to plan, prepare, conduct reviews, and report on identified grant awards for construction projects. OGCR will furnish the contractor with the list of projects which should be reviewed. In coordination with OGCR, the contractor will schedule the on-site review of the assigned construction project with the grantee. The contractor will use the Treasury provided on-site review checklist to conduct their reviews and report finding.

Prior to conducting the on-site review, the contractor must:

· Review the approved work plan under the grant agreement, the recipient’s progress reports and any products produced under the agreement to date

· Identify issues that require resolution during the review with the Treasury Project Officer

· Send a letter or email to the recipient confirming the date and scope of review with a cc to Treasury

· Review the recipient’s grant payment history

· Gather all pertinent information for the review

· Review the applicability of Davis-Bacon requirements to this award

After the on-site review, the contractor must:

Submit a report to OGCR using the furnished review checklist for on-site reviews of construction projects. The provided checklist is a general guide for major work items to be reviewed. The approved plans and specifications should be used for detailed references. The purpose of the review is to determine the grantee’s apparent compliance with the grant agreement and is not to interpret, manage, or otherwise affect the construction contract between the grantee and the construction contractor or any other contracts relating to the project.

Each on-site construction review will involve one (or at most three) subject matter experts depending on the nature of the project. Approximately one to two weeks will be allotted for the work prior to, during, and after an on-site review, with approximately four to eight weeks of lead time for planning travel.

4.4 Management of Reviews. Coordinate with OGCR personnel to manage the Best Available Science, Environmental Compliance, and On-Site Construction review process. The contractor will develop and deliver task-specific orientations to reviewers, identify reviewers as needed, match appropriate reviewers with applications received or construction projects for site visits, and monitor progress on assessments and timely production of the assessments. All contractors and reviewers will be expected to sign and abide by a conflict of interest policy.

Subject Matter Expert Review Planning. Based on the projects described in eligible applicants accepted Multiyear Implementation Plans (multiyear plans) and grant applications submitted, coordinate with OGCR personnel to identify the potential timing and scope of subject matter expertise needed for the review of best available science, environmental compliance, and/or construction implementation. This includes general program management tasks: 1) developing a tracking system for potential subject matter experts’ availability and for matching needed expertise and experts with projects and tasks; 2) reviewing eligible applicants’ accepted multiyear plans for informational purposes to determine which projects will require best available science and/or environmental compliance reviews, and the specific subject area(s) that will need to be assessed for reasonable use of best available science and environmental compliance; 3) beginning to identify potential subject matter experts; and 4) developing orientation materials on the RESTORE Act Direct Component and Centers of Excellence Research Grants programs and materials related to best available science, environmental compliance, on-site reviews, and 5) developing a review system for sharing documents.

OGCR will furnish accepted multiyear plans, application excerpts, and review checklists electronically.

Contractor shall identify subject matter experts (Gulf Coast natural resource protection and restoration experience preferred), including but not limited to the following areas, as needed, for the reviews outlined in Tasks 4.1 - 4.3:

Archaeology Biology (Fisheries, Avian, Sea Turtles, Marine Mammals) Construction/Infrastructure Ecology (Marine and Coastal, Wetlands, Restoration, Conservation) Engineering (all disciplines) Hydrology Environmental Chemistry (Water, Soil, Air) Environmental Law Environmental Management Ecosystem Services/Economic Physical or Geological Social Sciences Regulatory Remote Sensing/Geographic

5.0 PERIOD OF PERFORMANCE

Base Year: September 29, 2019 - September 28, 2020 Option Year One: September 29, 2020 – September 28, 2021 Option Year Two: September 29, 2021 – September 28, 2022

6.0 PLACE OF PERFORMANCE

The contractor is to perform the identified tasks at their own location(s). For Task 4.3, the assigned reviewer(s) will be expected to conduct the on-site reviews where the project is being constructed, which will be in one of the five Gulf Coast States: Alabama, Florida, Louisiana, Mississippi, or Texas. Travel will be required for on-site construction reviews. Preparation for and follow-up from Task 4.3 on-site reviews is to be performed at the contractor’s location(s).

There will be regular meetings with the Office of Gulf Coast Restoration to identify action items and report on the status of action items—at least one of these meetings will be an in-person meeting at Treasury in Washington, DC and may require travel.

7.0 DELIVERABLES

8.0 LABOR CATEGORIES AND LEVELS OF EXPERTISE

9.0 CONFLICT OF INTERESTS

In addition to compliance with and disclosure as discussed in Attachment J- 3 Conflict of Interests - Vendor and Attachment J-2 Conflicts of Interest - Reviewer, the Vendor shall disclose any new or potential conflicts of interest during the contract period of performance including all option periods. This shall include statements of conflict of interest, including plans to mitigate, should subcontractors and consultants be engaged. Treasury reserves the right to reject proposed subcontractors or consultants if their conflicts are not mitigated to the satisfaction of the Government.

10.0 PERFORMANCE STANDARDS

Performance Requirements Summary (PRS) Matrix applicable to this requirement is attached as Table 1 found in the QASP document. The PRS Matrix states, the minimum acceptable quality levels (AQLs) for Detailed Project Plans and Budgets, Performance Summary, Weekly Work Order Status Update, Monthly Contract Status Reports, and other work products as identified in the deliverables section of the PWS.

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