A.02.13 PWS Ethnographic Study.docx

PERFORMANCE WORK STATEMENT (PWS)

ETHNOGRAPHIC STUDY

HAWAII WILDFIRE RESPONSE DEBRIS REMOVAL SUPPORT

March 11, 2024

PART 1

GENERAL INFORMATION

1. General

1.1. Background: This Contract will support post-wildfire response efforts in Maui County, Hawaii, resulting from the Lāhainā, Kula, and Olinda Fires in 2023. On August 10, 2023, the areas impacted by the fires were declared a Federal Disaster Area and eligible for assistance for debris removal through the Federal Emergency Management Agency (FEMA).

FEMA determined that the debris removal services constituted an emergency undertaking with the potential to adversely affect historic properties. On October 2, 2023, FEMA sent the Hawai’i State Historic Preservation Officer (SHPO or SHPD), the Office of Hawaiian Affairs (OHA), and participating Native Hawaiian Organizations (NHOs) a final decision notification regarding the application of treatment measures to resolve the emergency undertaking’s anticipated adverse effects per Stipulation II.B.2.e of the Programmatic Agreement. During the comment period preceding the final notification, FEMA received several suggestions from consulting parties to include an Oral History Documentation Treatment Measure as part of the resolution of adverse effects. In the final decision notification, FEMA included a draft version of the Oral History Documentation Treatment Measure and stated FEMA would further develop it through additional consultation with consulting parties during debris removal (Attachment 1 – FEMA Environmental Protection Plan).

On October 31, 2023, FEMA distributed a request for comment on an updated draft of the Oral History Documentation Treatment Measure to SHPD, OHA, and participating NHOs. FEMA received two comments from NHOs. Additionally, FEMA organized and hosted a listening session on November 30, 2023, with SHPD, OHA, participating NHOs, and Maui County to listen and gather additional feedback from the consulting parties. Based on feedback received, FEMA revised the Oral History Documentation Treatment Measure, and submitted it to consulting parties on December 9, 2023, for review and comment. FEMA took into consideration all feedback received and produced a final version of the treatment measure that the Contractor must follow (see Attachment 2 – Memo of Finalization of OH TM).

1.2. Scope: This is a non-personal services contract to conduct an ethnographic study of the history of Lāhainā for post-wildfire response in Maui County, Hawaii. The Contractor will complete oral history documentation, which may be used to supplement a potential future evaluation of Lāhainā as a Traditional Cultural Property. The Contractor must follow National Register Bulletin 38 (Attachment 3), which discusses how traditional cultural values are vital to maintaining a community’s sense of identity. The Contractor shall ensure personnel meet the Professional Qualifications for the appropriate discipline, including an ethnographer meeting the qualifications in NR Bulletin 38 (Attachment 3), and include those who culturally affiliated, lived in Lāhainā, or are lineally descended from someone who currently lives or who once lived in the Lāhainā Moku.

The Contractor’s scope for the oral history documentation will focus on pre-contact and post-contact history of Lāhainā Moku, excluding discussion of the recent fire. The Contractor will cover topics such as, but are not limited to, the history of Lāhainā, starting with the Chiefdom of Lāhainā, the Kingdom of Hawai’i, the Provisional Government, the Republic of Hawai’i, the Territory of Hawai’i, and the State of Hawai’i. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the services in this Performance Work Statement (PWS). The government shall not exercise any supervision or control over the contract service providers performing the services described in this PWS. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. This is a fixed priced, performance-based service contract where the Government defines and measures desired outcomes, while contractor methods are generally not constrained or directed.

The National Park Service refers to Oral History Association’s set of Best Practices to provide guidance on how to conduct high-quality oral history interviews, which includes outlined standard practices to ensure the production of historically valuable and ethically conducted interviews The Contractor must ensure that it performs the services per the four key elements identified in the Oral History Association’s Best Practices (available at Best Practices | Oral History Association), which are listed below:

1. Preparation

2. Interviewing

3. Preservation

4. Access and Use

1.3. Period of Performance: The Contractor must complete the ethnographic study by December 31, 2024.

1.4. Place of Performance: The Contractor will perform services in Maui County, Hawaii.

1.5. Type of Contract: The Government will award a firm fixed-price commercial services contract.

1.6. Quality Control: The Contractor shall designate, in writing, an employee who shall serve as the contract for matters involving quality and performance or nonperformance of the required services stated in the PWS. The employee shall be qualified and fully competent to act for, and on behalf of, the Contractor to ensure that the required services are performed to the standards in the PWS. The Contractor shall provide written designation to the COR or KO on or before the first day of performance. The Contractor shall individual’s name and contact information (phone, e-mail, etc.) for the designated employee.

1.7. Quality Assurance: The Government shall evaluate the Contractor's performance under this Contract per the performance standards included in Technical Exhibit 1 – Performance Requirements Summary, which define how the Government will apply the performance standards, the frequency of surveillance, and the minimum satisfactory performance thresholds.

1.8. Periodic Progress Meetings: As appropriate, the KO, COR, and other Government personnel may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the KO will apprise the Contractor of how the Government views the Contractor's performance, and the Contractor will apprise the Government of problems, if any, being experienced. The Contractor must take appropriate action to resolve outstanding issues.

1.9. Contracting Officer's Representative (COR): The KO may identify a COR or multiple CORs by separate letter. The COR monitors all technical aspects of the Contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the Contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the Contract; issue written interpretations of technical requirements; monitor Contractor's performance and notifies both the KO and Contractor of any deficiencies; coordinate availability of Government-furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which the KO will send to the Contractor, stating the responsibilities and limitations of the COR, especially regarding changes in the scope of work. The COR is not authorized to change any of the terms and conditions of the resulting Contract.

1.10. Key Personnel: The following personnel are considered key personnel by the Government.

1.10.1. Ethnographer. The Contractor shall provide an Ethnographer that can demonstrate the following (but not limited to) ethnographic research training:

1. Language Skills. It is typically extremely important to talk in their own language with those who may ascribe value to traditional cultural properties. While ethnographic fieldwork can be done through interpreters, the ability in the local language is always preferable.

2. Interview Skills.

· The ability to approach a potential informant in his or her own cultural environment, explain and if necessary, defend one’s research, conduct an interview and minimize disruption, elicit required information, and disengage from the interview in an appropriate manner so that further interviews are welcome.

· The ability to create and conduct those types of interviews that are appropriate to the study being carried out, ensuring that the questions asked are meaningful to those being interviewed, and that answers are correctly understood through the use of such techniques as translating and back-translating. Types of interviews normally carried out by ethnographers, one or more of which may be appropriate during evaluation and documentation of a traditional cultural property, include:

· Semi-structured interview on a broad topic

· Semi-structured interview on a narrow topic

· Structured interview on a well-defined specific topic

· Open ended life history/life cycle interview

· Genealogical interview

3. Skill in making and accurately recording direct observations of human behavior, typically including:

· The ability to observe and record individual and group behavior in such a way to discern meaningful patterns.

· The ability to observe and record the physical environment in which behavior takes place, via photography, mapmaking, and written description.

4. Skill in recording, coding, and retrieving pertinent data derived from analysis of textural materials, archives, direction observation, and interviews.

Proficiency in the above skills is usually obtained through graduate and post-graduate training and supervised experience in cultural anthropology and related disciplines, such as folklore/folklife.

1.11. Identification of Contractor Employees: All Contractor personnel, including subcontractor personnel, attending meetings, answering Government telephones, and working in other situations where their role is unclear to third parties, must identify themselves as a Contractor to avoid creating the perception that they are Government officials, such to avoid creating an impression in the minds of members of the public that they are Government officials. The Contractor must also ensure they mark all documents or reports as Contractor products or appropriately disclose Contractor involvement.

1.12. Data Rights: See DFARS 252.227-7015 Technical Data – Commercial Products and Commercial Services. The clause provides the Government with specific license rights in technical data on commercial services. The Government may use, modify, reproduce, release, perform, display, or disclose data only within the Government. The Government shall not release, perform, display, disclose, or authorize the use of the technical data outside the Government without the Contractor's written permission unless a release, disclosure, or permitted use is necessary for work performance by covered Government support contractors. See also DFARS 252.227-7037 Validation of Restrictive Markings on Technical Data.

1.13. Submittals. Prior to commencement of services, the Contractor shall submit the following documents to the COR for review and approval:

· Activity Hazard Analysis (AHA)

· Abbreviated Accident Prevention Plan (APP)

· List of who will perform work on this contract (i.e., who will manage communications with the Government, subcontractors, etc.)

1.14. Standards and Regulations. The Contractor shall perform to the standards in the contract and comply with all Local, State, and Federal Regulations during the services performed. The Contractor is responsible for ascertaining the extent to which these regulations affect the operations resulting from this contract. The Contractor shall comply will all applicable regulations. Applicable regulations include, but are not limited to the following:

· Engineering Manual (EM) 385-1-1 (USACE – Safety and Health Requirements Manual), dated November 2014 http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

· Occupational Safety and Health Standards (29 CFR 1910)

· Executive Order 11593 - Protection and Enhancement of the Cultural Environment (36 FR 8921, May 13, 71); EO 13007 - Indian Sacred Sites; and EO 13175 - Consultation and Coordination with Indian Tribal Governments

· 32 CFR Part 651 - Department of the Army, Environmental Analysis of Army Actions; Final Rule. Federal Register, Friday, March 29, 2002

· 36 CFR Part 800 - Army Alternate Procedures, Federal Register Vol. 69, No. 74 (16Apr2004)

· 36 CFR Part 79 (55 FR 177:37616-37639, September 12 90) - Curation of Federally Owned and Administered Archaeological Collections

· Engineering Regulation 1105-2-100, Appendix C, Environmental Evaluation and Compliance (22Apr00)

· Secretary of the Interior's Standards and Guidelines (48 FR 90:44716-44742, 29Sep83)

· Secretary of the Interior's Guidelines for Completing National Register of Historic Places Forms (30Sep86)

· National Register Bulletin No. 16, Guidelines for Completing National Register of Historic Places Forms, U.S. Dept. of Interior, National Park Service (30Sep86)

· National Register Bulletin No. 19, National Park Service Procedures and Policies for Processing National Register Nominations, U.S. Dept. of Interior, National Park Service (Jul86)

· National Register Bulletin No. 38, Guidelines for Evaluating and Documenting Traditional Cultural Properties, U. S. Dept. of Interior, National Park Service

· Federal Property and Administrative Services (41 CFR 101)

· Other State of Hawaii and U.S. Government regulations about Historic Preservation and Cultural Resources Management and Environmental Protection

· National Historic Preservation Act of 1966, as amended through 2023 (NHPA)

· Chapter 6E of the Hawaii Revised Statutes

1.14.1. Activity Hazard Analysis (AHA). The contractor shall prepare the AHA in accordance with Paragraph 01.A.14 or 01.A.15 of the EM 385-1-1. If using Paragraph 01.A.15, prepare the AHA IAW Figure 1-2. Note: Contractors and other individual employer’s typically use Job Safety Analyses (JSAs), Job Hazard Analyses (JHAs), or similar Risk Management assessment tools. The government considers equivalent to, and acceptable substitutes for, the USACE’s AHA provided the data collected is the same as that required by the AHA, commensurate with the type of services the contractor is performing.

1.14.2. Abbreviated Accident Prevention Plan (APP). EM 385-1-1 in its entirety may be too complex for the type of work performed under these contracts; contractors may reference Appendix A, for abbreviated Accident Prevention Plan (APP). The contractor shall only need to submit items in Appendix A that are pertinent to the contract. The contractor shall use a qualified person to prepare the site-specific abbreviated Accident Prevention Plan (APP). The contractor shall prepare the APP in accordance with the format and requirements of the EM 385-1-1 and supplemented herein. The contractor shall sign and submit the APP for approval prior to the start of work onsite.

1.15. Payment: The Government will make payment under the Contract per FAR Clause 52.212-4 Addendum and FAR Subpart 31.2.

PART 2

DEFINITIONS & ACRONYMS

2. Definitions

2.1. Contractor: A supplier or vendor awarded a contract to provide specific supplies or services to the Government. The term used in this Contract refers to the prime.

2.2. Contracting Officer (KO): A person with authority to enter into, administer, and terminate contracts and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

2.3. Contracting Officer's Representative (COR): A COR is an employee of the U.S. Government appointed by the KO to administer the Contract. Such appointment shall be in writing and state the scope of authority and limitations. This individual has the authority to provide technical direction to the Contractor as long as that direction is within the scope of the Contract, does not constitute a change, and has no funding implications. This individual does NOT have the authority to change the terms and conditions of the Contract.

2.4. Deliverable: Anything physically delivered may include non-manufactured things such as meeting minutes or reports.

PART 3

GOVERNMENT-FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. Government Furnished Items and Services:

3.1. Services: None

3.2. Facilities: None.

3.3. Utilities: None.

3.4. Equipment: None.

3.5. Materials: None.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. Contractor Furnished Items and Responsibilities:

4.1. General: The Contractor shall furnish all supplies, equipment, facilities, and services required to perform work under this Contract not listed under Part 3 or other sections of this PWS.

4.2. Secret Facility Clearance: Not Applicable.

4.3. Materials: Not Applicable.

4.4. Equipment: Not Applicable

4.5. Government Safety Requirements: The Contractor shall submit their written APP to the KO and COR for evaluation and acceptance. The Contractor must submit the plan and obtain approval before on-site work begins.

PART 5

SPECIFIC TASKS

5. General Scope: The Contractor shall provide all qualified personnel, management, supervision, materials, and other items necessary to perform cultural resource mitigation, planning and reporting, and quality control as defined in this Performance Work Statement (PWS). Changes in the terms and conditions of the Contract may be made only by written agreement of the parties.

5.1. Kick-off Meeting: The Contractor shall host a project kick-off meeting or teleconference within 48 hours of contract award to discuss contract requirements and expectations. Part of the meeting will include FEMA addressing the ATP with the Contractor. The Contractor shall submit meeting minutes to the COR or KO within three days after the completion of the kick-off meeting.

5.2. Periodic Progress Meetings: The Contractor shall participate in periodic progress meetings to include representation from FEMA, USACE, SHPD, and the Contractor, primarily to facilitate ongoing and consistent coordination of the ethnographic study. The Contractor shall provide appropriate updates or information regarding the services during the meeting.

5.3. Monthly Status Reports: By the 10th day of each month, the Contractor shall e-mail the status report to the COR or KO, summarizing its progress through the end of the previous month. The report shall be consistent with the project schedule and may contain schedule updates as an attachment. The Government will not perceive any information in the report as a notification of a changed condition. The Contractor must notify the KO regarding items that could result in a change to the Contract. Each report shall include the following information and formats:

· Completed tasks in the previous month

· Payments received under each CLIN

· Problems encountered in completing the various tasks, proposed solutions, or corrective actions taken

· Potential items that may affect the schedule or cost

· Upcoming tasks for the next month

· Government, agency, or other meetings (completed or upcoming)

· Meetings hosted or attended

· Other pertinent information necessary to monitor the project's success

5.4. Project Management Plan: The Contractor shall develop and maintain a Project Management Plan (PMP) for the project. The PMP shall include a brief summary of the technical approach, the project organization, personnel and management, the project's resources and project tasks corresponding services, an organization chart identifying the names of personnel and their involvement in the project (including subcontractor by organization or person depending upon how prominent an individual is in the execution of the task), and a communications plan. The communications plan shall provide a detailed presentation of lines of communication for all aspects of initiating, performing, and successfully concluding the Contract. The PMP shall also include a project schedule to facilitate project work management and provide the capability for early identification of potential issues that could affect the schedule. The schedule shall include the projected completion date for the work and milestone dates showing realistic forecast projections to meet the performance period. The Contractor shall update the schedule as necessary but will not provide a schedule that exceeds the performance period unless both parties have agreed to modify the performance period. The Contractor shall submit the draft PMP within 72 hours of contract award. The draft PMP and subsequent revisions shall be subject to review and approval by the COR or KO. The Contractor shall submit the final PMP within 24 hours of receipt of Government comments on the draft PMP.

5.5. Accident Prevention Plan: The Contractor shall develop an accident prevention plan (APP), including appropriate Activity Hazard Analyses (AHA), Site Safety and Health Plan (SSHP) for all field activities during the performance of the tasks associated with the Contract per the most recent version of EM 385-1-1. See Appendix A of EM 385-1-1 for an abbreviated APP. The KO and local Safety and Occupational Health Officer (SOHO) may allow the Contractor to develop and submit an abbreviated APP. The Contractor will provide a draft and final APP to the COR or KO for review and approval. The Contractor should only include the applicable items from EM 385-1-1 in the APP. The Contractor must submit the APP draft within 48 hours of contract award. The Contractor must submit the final APP within 24 hours of receipt of Government comments on the draft APP.

5.6. Ethnographic Study: The Contractor will conduct an ethnographic study of the history of Lāhainā per the finalized treatment measure included in Attachment 2, considering the information in this Section. The Contractor shall ensure that a knowledgeable person or team from Maui has skills in researching and interpreting historical documents written in ʻŌlelo Hawai'i, Japanese, Filipino, Chinese, and Portuguese and can communicate in those languages, as needed. The Contractor shall work with USACE, FEMA, SHPD, OHA, and NHOs to identify and contact cultural groups and individuals for interviews. Interviewees must have specialized knowledge of Lāhainā’s history and culture. Interviewees must have historically resided in Lāhainā or lineally descended from someone who is currently living or once lived in the Lāhainā Moku. The Contractor shall invite Hawaiian, Japanese, Filipino, Chinese, Portuguese, and other immigrant community members to participate. The Contractor will conduct background research into previously recorded information about Lāhainā's history, ethnography, sociology, and folklife to prepare informed interview questions. The deliverables will include high-quality recordings of interviews (either audio or video format). The Contractor will store, process, refresh, and have access to the recordings according to established archival standards specific to the media format used. In coordination with SHPD, OHA, and NHOs, FEMA shall identify an appropriate repository for the oral history documentation. The Contractor shall coordinate with the selected repository for format and documentation requirements. Before deposit, the Contractor shall transfer the recording from whatever device used and produce up to ten copies for storage in physical locations. The Contractor shall document and provide their preparation methods, inclusive of the project's context and goals, and organize and preserve material related to each interview (photographs, documents, metadata, other documents) in corresponding interview files and provide written documentation, including transcripts and translations (as needed), indexes with time tags linking to the recording, detailed descriptions of interview content, or other guides to the contents.

PART 6

TECHNICAL EXHIBITS

TECHNICAL EXHIBIT 1

Performance Requirements Summary

The Government has summarized the Contractor service requirements into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

PART 8

ATTACHMENTS

8. Attachment List:

8.1. Attachment 1 – FEMA's Environmental Protection Plan (EPP)

8.2. Attachment 2 – FEMA’s Memo of Finalization of Oral History Treatment Measure

8.3. Attachment 3 – National Register Bulletin 38