A.02_PWS Technical Services Nez Perce.pdf

PERFORMANCE WORK STATEMENT

FY22 Nez Perce Tribe FCRPS Technical Services Nez Perce County, ID

GENERAL STATEMENT

The U.S. Army Corps of Engineers, Portland District (Corps) and the Bonneville Power Administration (BPA) (the Agencies) are jointly responsible for compliance with Section 106 of the National Historic Preservation Act (NHPA) under the terms of the 2009 Systemwide Programmatic Agreement (Systemwide PA) for management of historic properties affected by operation and maintenance of the Federal Columbia River Power System (FCRPS). Bonneville, The Dalles and John Day Projects are within the FCRPS. The FCRPS Cultural Resource Program works closely with interested and affected tribes, State Historic Preservation Offices, and other agencies for cultural resource management in compliance with Section 106 of the NHPA.

Work outlined in this contract with the Nez Perce Tribe is for contribution of traditional knowledge in support of the Wana Pa Koot Koot (WPKK) Cooperating Group meetings and site visits under the authority of the NHPA, 54 U.S.C. 300101. The Nez Perce Tribe Cultural Resources Program staff will provide their unique services to the WPKK Working Group throughout the year.

The objective of this contract is for the Agencies to ensure they are considering tribal recommendations and priorities as they implement the Systemwide PA and meet FCRPS Cultural Resource Program performance indicators. The Contractor shall support the following tasks:

WPKK Work Plan Document Reviews, Technical and Business Meetings, Planning Assistance Review and comment on the annual treatment plan form Site Visits Community Outreach

This procurement is for one base year and four optional years of services to be exercised at the discretion of the Government. The period of performance for the base year is 12 months in length. The period of performance for each option year is 12 months in length.

DEFINITIONS

Throughout this PWS terms are defined as follows:

Acceptable Quality Level (AQL): Acceptable Quality Level equals the performance standards listed in Section 6.0. The Contractor must re-perform all unsatisfactory work unless excused by the COR.

Contracting Officer (KO): The Government employee who is authorized to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officers Representative (COR): An individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

Contract Discrepancy Report (CDR): A written record of unsatisfactory performance by the Contractor as observed by the COR.

Performance Requirements Summary (PRS): Identifies critical success factors for the contract. It identifies both the performance objectives for those factors and the performance threshold required for each performance objective. The Government reserves the right to survey all services called for in the contract to determine whether or not the performance objectives and goals were met.

Quality Assurance (QA): The Government procedures to verify that Contractor services were performed according to acceptable standards.

Quality Assurance Surveillance Plan (QASP): A systematic method to evaluate the services the Contractor is required to furnish in accordance with the PWS and PRS.

Quality Control (QC): A method implemented by the Contractor to control the quality of goods and services provided.

Quality Control Inspector (QCI): A Contractor’s employee responsible for monitoring and addressing issues with the quality of goods and services provided.

Quality Control Plan (QCP): A plan developed by the Contractor which includes quality control actions necessary to meet the quality standards set forth by the contract. The plan should be in compliance with the PWS. Once approved by the COR, the plan becomes a part of the QASP.

GOVERNMENT WILL FURNISH

The Government will provide any applicable reports, site forms, and documentation applicable to the tasks described in Section 5.0. The Government will provide the materials at the time specified in each task.

CONTRACTOR SHALL FURNISH

The Contractor shall provide all labor, equipment, and materials necessary to perform required services under this contract and comply with all local, state, and federal regulations through the duration of this contract. The Contractor shall furnish all “standard-to-the-industry” equipment, materials, and supplies necessary to perform the work, including:

Any and all vehicles necessary to complete the tasks in Section 5.

Oral history gathering equipment.

All materials necessary for the successful completion tasks.

All computer hardware, software, and office supplies required for recording, mapping, drafting and delivery of assigned task products.

PROFESSIONAL SERVICES TO BE PROVIDED

The Contractor shall provide all personnel, equipment, tools, materials, and supervision necessary to conduct research and a records review of all previous cultural resources related work within the area and to visit and evaluate the sites. This task will require travel to the sites, records repositories, and to Corps Portland District Headquarters in Portland, Oregon. Associated deliverables and schedule are in Section 6.0.

Task 1: Pre-Work Meeting. Within 21 days of task order award, the Contractor shall arrange a mutual date and time for a pre-work meeting with the COR and PM prior to the start of work.

The purpose of the pre-work meeting will be to clarify tasks and methods, set a schedule, and to identify and minimize issues/problems that might arise over the course of the task order.

Task 2: Monthly Progress Reports. The Contractor shall prepare a monthly progress report identifying the following information by task:

a. Status of services performed since the previous reporting period

b. Discussion of issues or concerns

c. Confirmation that services performed to date are within scope

d. Confirmation that services performed to date are within negotiated budget

The monthly progress report shall be submitted via email to the COR by the 10th of each month.

Task 3: WPKK Work Plan. This task supports the FCRPS annual performance indicator, “With input from Cooperating Groups, for each fiscal year, the Corps and BPA PMs jointly develop annual work plans/budgets by Feb. 19 and submits to Corps and BPA CRSC Co-Chairs by March 1.” For planning purposes, staff time will consist of meeting participation in June in Mission, OR. The Contractor shall provide input on the annual work plan and the five-year plan via email. The Contractor shall provide a spreadsheet with a list of ten (10) priority sites at the June planning meeting. The Government will provide materials for review and comment at least two weeks prior to the meeting.

Task 4: Document Reviews, Technical and Business Meetings, Planning Assistance.

The Contractor shall provide comments and input on technical reviews of reports, meeting notes, written documents, and other products in written format. While a notetaker will capture comments provided during a WPKK business meeting setting, it is the Contractor’s responsibility to ensure that the notes reflect comments correctly.

For planning purposes, estimated for technical reviews of up to 12 monthly meeting notes, and two (2) additional documents such as: draft reports, determinations of eligibility, construction drawings, plans and specifications or other documents associated with treatment/mitigation planning and development. This task does not include the travel costs and time to attend meetings.

Task 5: TCP/HPRCSIT Inventory/Evaluation Plan. The Contractor shall assist in developing

National Register of Historic Places evaluation priorities and implementing priority tasks of the traditional cultural property (TCP)/ historic properties of religious and cultural significance to Indian tribes (HPRCSIT) inventory plan for Bonneville, The Dalles, and John Day Projects.

As part of the FY21 technical services contract, Nez Perce Tribe updated the Work Plan section of Appendix F in Traditional Cultural Property Inventory and Data Gap Analysis for the Wana Pa Koot Koot Cooperating Group and provided brief recommendations for HPRCSIT/TCP work for FY22-26. The Contactor shall build upon the FY22-26 recommendations and provide a list of sites and/or locations for the following year’s investigations, including the anticipated tasks to complete the work (ex. fieldwork, oral history interview, or proposed mitigation).

Task 6: Review and comment on two treatment plan forms (TPF). This task supports the FCRPS annual performance indicator, “Corps and BPA PMs will draft determination of effects and treatment plan forms and submit to Cooperating Groups for review.” The Government will provide the draft TPF to the Contractor by March 31 of each year. The Contractor shall provide written comments 30 calendar days following receipt of the draft TPF.

Task 7: Site Visits. The Contractor shall participate in planning activities and a site visit to up to two (2) priority sites at Bonneville, The Dalles or John Day Project. For planning purposes, staff time includes conference call participation and site visit attendance.

Task 8: Community Outreach. This task supports the Systemwide PA’s goal to engage tribal communities, interested members of the public, and the general public to foster an understanding of the history and cultural heritage of the Columbia Basin. The Contractor shall participate in up to two (2) tribal cultural program community events or cultural program outreach in schools.

The Contractor shall provide a short write up, no more than five (5) pages, with images documenting the event for inclusion in the FCRPS Annual Report.

SCHEDULE & PERFORMANCE REQUIREMENTS STANDARDS

Contract Schedule: This procurement is for one base year and four optional years of services to be exercised at the discretion of the Government. The period of performance for the base year is 12 months in length. The period of performance for each option year is 12 months in length. The Contractor shall complete Tasks 5.1 to 5.7 within the 12-month period of performance for the applicable year (i.e., base year or option year).

Task Deliverable Description Due Date Delivery

Method

5.1 Pre-Work

Meeting Attend meeting with COR and

PM

Award + 21 calendar days

In person or by phone

5.2 Monthly Progress

Reports

Reports from Contractor updating COR on progress of the contract

The 10th of each month after award

Email

5.3 WPKK Work Plan Input via email to any anticipated

plan revisions. Provide a list of 10 priority sites at the June planning meeting.

June planning meeting

Email

5.4 Document Reviews, Technical and Business Meetings, Planning Assistance

Written comments and input on technical reviews of reports, meeting notes, written documents, and other products

Throughout the contract

Email

5.5 TCP/HPRCSIT

Inventory/Evaluation Plan

Provide a list of sites and/or locations for the following year’s investigations, including the anticipated tasks to complete the work

Award + 270 calendar days

Email

5.6 Review and

comment on treatment plan forms

Written feedback on the draft TPF. The Government will provide the draft TPF by March 31.

30 days after receipt of TPF

Email

5.7 Site Visits Planning and attendance at up to

two (2) site visits

Scheduled throughout the year

In person

5.8 Community

Outreach

A short write up, no more than five (5) pages, with images documenting the event for inclusion in the FCRPS Annual Report

Award + 335 calendar days

Email

To ensure that the Government receives the services for which it contracted, the Government will only pay for services received. The Performance Requirements Summary (PRS) determines if the Contractor meets the performance standards of the contract, as well as provides guidelines for how and when surveillance will be performed. It ensures timeliness, effectiveness and that the Contractor is delivering the results specified in the contract. Government contract quality assurance will be performed per the PRS surveillance schedule.

Performance Requirements Summary Table. These are the criteria against which the performance will be evaluated. Work shall be considered not to have been performed when any one of the following conditions exists in accordance with the Quality Assurance Surveillance Plan (QASP).

PERFORMANCE REQUIREMENTS SUMMARY

Required

Services (Tasks) Performance Standards

Acceptable Quality Levels

Surveillance Validated

Complaints Pre-Work Meeting (Task 5.1)

Contractor, COR, and PM hold within 21 days of award.

Contractor attendance at the meeting.

Direct Observation

1 per contract

Monthly Progress Reports (Task 5.2)

Contractor submits monthly reports, as described in Task 5.2.

Government in receipt of monthly reports by 10th of each month.

Government review.

1 per contract

WPKK Work Plan

(Task 5.3)

The Contractor provides input on the annual work plan and the five-year plan via email. The Contractor shall provide a spreadsheet with a list of 10 priority sites at the June planning meeting.

Government in receipt of comments on annual work plan, 5-year plan, and priority site list.

Government review.

1 per contract

Document Reviews, Technical and Business Meetings, Planning Assistance (Tasks 5.4)

Contractor provides comments and input on technical reviews of reports, meeting notes, written documents, and other products in written format.

Government in receipt of comments on reports, etc.

Government review.

1 per contract

TCP/HPRCSIT

Inventory/Evalua tion Plan (Task 5.5)

Contractor submits information described in Task 5.5.

Provides all information required in Task 5.5.

Government review.

1 per contract

Review and comment on treatment plan forms (Task 5.6)

Contractor provides comments 30 calendar days following receipt of the draft TPF.

Government in receipt of comments on TPF.

Government review.

1 per contract

Site Visits

(Task 5.7)

Contractor participates in planning activities and a site visit to up to two (2) priority sites at Bonneville, The Dalles or John Day Projects

Contractor attendance at the meeting.

Direct Observation

1 per contract

Community Outreach

(Task 5.8)

Contractor participates in up to two community events or cultural program outreach in schools.

Contractor shall provide a short write up, no more than five (5) pages, with images documenting the event.

Report contains all sections required in Task 5.7, and is 90% free of errors (typos, grammar).

Government review.

1 per contract

Surveillance. 100% inspections by the COR will serve as the surveillance methods. If the COR discovers deficiencies and/or receives complaints, the COR will alert them to the Contractor for correction.

Unacceptable Performance. When performance is determined unacceptable, as defined in the

Performance Requirements Summary, the COR will inform the Contractor that performance is unacceptable and provide written documentation by use of the Form DD 2772, Contract Discrepancy Report. By initialing and dating the form, the Contractor is only acknowledging notification of unacceptable performance. Disputes in surveillance should be referred to the Contracting Officer.

The COR will notify the Contracting Officer of unacceptable performance. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defect(s) in services cannot be corrected by re-performance, the Government may:

a. Require the Contractor to take necessary action to ensure future performance conforms to contract requirements.

b. Reduce the contract price to reflect the reduced value of the services performed.

c. If the Contractor fails to promptly re-perform the services, or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may:

i. By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service;

ii. Issue Cure Notice;

iii. Terminate the contract for Government convenience; and / or

iv. Terminate the contract for Cause.

Correction of Non-Performance of Work. Contractor shall employ an adequate quantity of personnel to insure that any area found to be not in compliance and therefore not acceptable, shall be made acceptable by the performance or re-performance of the work, where such re-performance is possible, during the first business day after noncompliance has been observed by or reported to and verified by the COR.

Damages Caused by the Contractor. Contractor shall be held accountable and liable to the

Government for any damages to government facilities, fixtures, furnishings, equipment, or grounds caused by the Contractors or their employees.

Interference with Government Operations. Contractor and their employees shall perform all work in such a way as to not interfere with regularly scheduled Government operational activities.

SECURITY, SAFETY & ENVIRONMENTAL REQUIREMENTS

AT Level I Training. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

https://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum

Access and General Protection/Security Policy and Procedures. All Contractor and all associated Subcontractor employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures (to be provided by a Government representative). The Contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office.

Contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in Contractor security matters or processes.

a. All contract employees, including Subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

Safety Regulations and Guidelines. The Contractor shall comply with EM 385-1-1 (Safety and

Health Requirements), including interim changes, in effect on the date of solicitation. EM 385- 1-1 and its changes are available at http://www.usace.armymil/CESO/Pages/Home.aspx. EM 385-1-1 states, “Contractors shall comply with the latest version of EM 385-1-1 (including interim changes) that are in effect on the date of solicitation.”

Travel. The Contractor shall be responsible to provide transportation necessary for Contractor employees to perform all tasks outlined in this Performance Work Statement.

Codes and Standards. Work under this purchase order shall comply with the latest codes, standards, and regulations applicable to the work requested including Corps Engineering Regulations and Manuals, and Industry.

Workflow Management. The Contractor shall provide product management and coordination for work tasks during production of the report. The Contractor shall assign a project manager (PM) to act as a primary point of contact (POC). The PM shall be responsible for the coordination of work developed under this Contract. The Contractor shall be responsible for the professional and technical competence of the personnel it assigns to perform work under this contract, and will select individuals who will be able to perform the obligations under the contract. Changes to personnel assigned to this contract shall not occur without prior notification to the COR, in writing (email correspondence is acceptable). Replacement of personnel shall be carried out as quickly as possible and in a manner that will not adversely affect the performance obligations under the contract.

GENERAL

Contract Changes. Only the Contracting Officer can only authorize changes in scope, time, or deliverables. The Contractor shall notify the Contracting Officer immediately if they have received direction to perform work outside the scope of the contract. Changes in scope will be negotiated and a written modification issued, before proceeding with the work.

Points of Contact.

Contracting Officer: TBD Contract Specialist: Carl Schmurr, 503-808-4639, Carl.R.Schmurr@usace.army.mil Contracting Officer’s Representative: Kristin Scheidt, 503-808-4688, Kristin.M.Scheidt@usace.army.mil Project Manager: Liz Oliver, 503-808-3744, Elizabeth.A.Oliver@usace.army.mil Invoicing POC: Amanda Small, 503-808-4474, Amanda.M.Small@usace.army.mil USACE Finance Center: CEFC-G2invoices@usace.army.mil

Invoice Submittals. The Contractor shall prepare invoice(s) in accordance with FAR clause

52.212-4(g) and submit them electronically via email to the COR, PM, and the USACE Finance Center: CEFC-G2invoices@usace.army.mil.

Please ensure the firm’s name and address shown on the invoice mirror’s the information in the System for Award Management (SAM) located at https://sam.gov/. In addition, ensure the invoice has a period of performance (e.g., 2 Jan 18 to 06 Jun 18). Ensure that the period of performance does not fall after the date the invoice is signed. The project manager shall sign all invoices. Any errors identified on the invoice will be cause for rejection. The Invoices POC can assist with the preparation of your invoice. For Invoice receipt verification or for a vendor's Payment problem, the vendor may contact the USACE Finance Center at Phone Number (901) 873-9077.

Final Invoice. The Contractor shall mark the last invoice as “Final.”

Release of Information. Reports and information generated under this contract become the property of the Government and distribution by the Contractor to any source, at any time, without the written consent of the Contracting Officer is prohibited.

Additional Services. The Contractor shall not perform any services under this purchase order that are considered by the Contractor to be a change in work or services required by this agreement without the written approval of the Contracting Officer.

Use of Information. The information developed, gathered, assembled, and reproduced by the

Contractor or its Subcontractors, or their associates, in fulfillment of the purchase order requirements as defined in or related to this performance work statement, will become the complete property of the Government. Therefore, the Contractor shall not use the information for any purposes at any time without the written consent of the Contracting Officer.

Walsh-Healey Public Contracts Act or the McNamara-O'Hara Service Contract Act (SCA).

Every employer performing work covered by the Walsh-Healey Public Contracts Act or the McNamara-O'Hara Service Contract Act (SCA) is required to post a notice of the compensation required (including, for service contracts, any applicable wage determination) in a prominent and accessible location at the worksite where it may be seen by all employees performing on the contract. A copy of the poster is available in two versions at the following DOL website:

http://www.dol.gov/whd/regs/compliance/posters/sca.htm. The rest of the content is subjective to each location’s needs.

Work Scheduling. The Contractor is not required to perform services on the following recognized federal holidays: New Year's Day, Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

FORMS.

Contractor Discrepancy Form: http://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2772.pdf