A04__PWS_Sec_7___10.pdf

PERFORMANCE WORK STATEMENT (PWS)

Endangered Species Act Programmatic Consultation and Conference Activities for Projects under Section 7 with primary emphasis on bat species and/or

Habitat Conservation Planning Activities under Section 10 with emphasis on renewable energy wind turbine facility projects that primarily affect bat species.

Part 1

General Information

1. GENERAL: This is a nonpersonnel services contract for one to four (1-4) contract service providers to provide (1) Programmatic Consultation and Conference assistance under Endangered Species Act (ESA) section 7; and/or (2) Habitat Conservation Planning assistance under ESA Section 10(a)(1)(B) for land-based Wind Energy Projects. The contract service providers may also provide assistance with ESA Section 10(a)(1)(A) Recovery Permitting, and other ESA Section 7 Consultations. The Government shall not exercise control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and nonpersonnel services necessary to perform all tasks as defined in this Performance Work Statement except for those items specified as government-furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Background: The U.S. Fish and Wildlife Service (Service) is the premier Government agency dedicated to the conservation, protection, and enhancement of fish, wildlife and plants, and their habitats.

The Northeast Region of the FWS consists of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, West Virginia, Vermont, Virginia, and the District of Columbia. The mission of the FWS is to work with others to conserve, protect, and enhance fish, wildlife, plants, and their habitats for the continuing benefit of the American people.

Service biologists assist project proponents, their consultants, agency personnel, and various stakeholders in developing plans that protect species while accomplishing the objectives of project proponents and their proposed developments. In addition, Service biologists provide guidance and recommendations on projects, including technical expertise on wildlife and their habitat, analyzing project effects on species, effects avoidance and minimization strategies, mitigation plans, and other plans or activities to conserve or recover species.

Our offices need additional support primarily in two areas. (1) assist with Department of Defense (DOD) programmatic consultations affecting bats; and (2) to assist land-based renewable energy wind turbine facility or other infrastructure or development project proponents prepare, review, process, and implement Habitat Conservation Plans. Our offices also need additional support to assist with section 10(a)(1)(A) Recovery permitting associated with Scientific Research, Recovery, and Conservation Benefit Agreements (CBAs) (formally referred to as Safe Harbor Agreements and Candidate Conservation Agreements with Assurances), and with ESA Section 7 Consultations focusing on Intra-Service consultations in support of Habitat Conservation Plan Incidental Take Permits under Section 10, or other Section 7 consultations.

1.3 Objectives:

1.3.1: Conduct technical and environmental review of Department of Defense activities affecting primarily bat species to provide Programmatic Consultations under ESA Section 7(a)(2).

1.3.2: Provide Habitat Conservation Planning assistance under ESA Section 10(a)(1)(B) primarily for land-based Wind Energy Projects.

1.4 Scope: The assigned Contractor personnel will provide a range of technical and nontechnical professional services associated with the FWS’s obligations pertaining to section 10 and 7 projects. FWS requires Contractor personnel with sound knowledge of ESA Section 10(a)(1)(B) Habitat Conservation Planning, Section 10(a)(1)(A) Recovery Permitting, and Section 7 Consultation regulations, policy, guidance, and process and the ability to apply this knowledge to the preparation and review of related documents.

The Contractor personnel must be proficient in the following software programs: FWS Primary System Environment Microsoft (MS) Windows operating systems (OS), Microsoft Teams, Windows 10, Microsoft PowerPoint, Microsoft Excel, Adobe Acrobat X and XI, Google Chrome, and Internet Explorer.

The Contractor personnel will assist in either (1) the technical and environmental review of Department of Defense activities affecting primarily bat species to provide Programmatic Consultations ; or (2) the technical and environmental development and review of Habitat Conservation Planning documents for land-based Wind Energy Projects. The Contractor personnel may also provide assistance with Recovery Permitting, and other Section 7 Consultations. This work is conducted under the ESA, National Environmental Policy Act (NEPA), and National Historic Preservation Act (NHPA). These reviews will then form the basis for Service recommendations on how best to avoid, minimize, and compensate for impacts to migratory birds, bats, eagles, other relevant species, and their habitats. The technical review, including literature reviews, data analysis, attendance at project meetings, and report generation, will be necessary to support Service biologists in developing work products.

The Contractor personnel may assist Service biologists in streamlining processes to enhance coordination, transparency, predictability, and accountability of Section 7 and 10 environmental reviews and authorizations for projects. The Contractor personnel will review project- and species-related documents.

They will conduct complex analyses and provide conclusions to Service biologists. Project proponents, and stakeholders.

Listed below are types of work and work products that are representative of the required capabilities of Contractor personnel. Relative to, but not limited to, specific DOI programs. For a complete description please reference the Performance Work Statement attached to this request.

1. Conducting ESA Habitat Conservation Planning pursuant to Section 10(a)(1)(B).

2. Conducting ESA Recovery Permitting pursuant to Section 10(a)(1)(A).

3. Conducting ESA consultations pursuant to Section 7.

4. Identifying the best available scientific and commercial data.

5. Identifying data gaps, developing conservation strategies, and implementing monitoring plans.

6. Reviewing, editing, commenting, and/or writing Habitat Conservation Planning documents, NEPA documents, Biological Assessments, Biological Opinions (including Incidental Take Statements and Conservation Recommendations), Recovery documents, letters, formal and informal correspondence, planning documents, monitoring plans, and emails.

7. Presentations on projects, FWS Policies, or status reports.

8. Maintaining Administrative Records.

1.5 Period of Performance: September 1, 2024 thru August, 2025 – Base Year

1.6 General Information

1.6.1 Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure the nonrecurrence of defective services. The Contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract.

1.6.2 Quality Assurance: The government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays: The Contractor personnel are not expected to work during any Federal Holidays.

New Year’s Day Independence Day Martin Luther King Jr.’s Birthday Labor Day Inauguration Day Columbus Day Washington’s Birthday Veterans Day Memorial Day Thanksgiving Day Juneteenth National Independence Day Christmas Day

1.6.4 Hours of Operation: The Contractor personnel are responsible for conducting business, between the hours of 7:00 AM and 6:00 PM Monday through Friday except for Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings. For other than firm fixed price contracts, the Contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The Contractor personnel can be located remotely. In the event the Contractor or their personnel would like access to the Federal facilities to increase efficiencies, the Government will provide access to all required space, supplies, and facilities as needed for the provided services, meetings, briefings, and other required onsite activities with FWS staff. The Contractor personnel can be located at any of the following Service ES Program or can be located remotely:

U.S. Fish and Wildlife Service Northeast Regional Office 300 Westgate Center Drive Hadley, MA 01035

New England Field Office 70 Commercial Street, Suite 300 Concord, NH 03301

Long Island Field Office 340 Smith Road Shirley, NY 11967

New York Field Office 3817 Luker Road Cortland, NY 13045-9385

New Jersey Field Office 4 East Jimmie Leeds Road Galloway, New Jersey 08205

Chesapeake Bay Field Office 177 Admiral Cochrane Drive Annapolis, MD 21401-7307

Virginia Field Office 6669 Short Lane Gloucester, VA 23061-4410

Maine Field Office 306 Hatchery Road East Orland, ME 04431

1.6.6 Type of Contract: The government will award a Firm-Fixed-Price Contract with a basis of hours anticipated to be worked during the performance period.

1.6.7 Security Requirements:

See the following clauses:

• FAR52.204-9 Personal Identity Verification of Contractor Personnel

• Security Requirements: Facility Access

Assigned Contractor personnel may be required to display, on their person, a Government-provided identification badge, that will include the full name of the employee and the legal name under which the Contractor personnel is operating. The identification badge numbers and data will be kept in a Government-maintained computer database for security purposes. The Contractor personnel shall return all badges to the COR, or designee, on the last day services are provided under the contract. The Contractor shall notify the COR of any lost badges.

1.6.7.1 PHYSICAL Security: The Contractor shall be responsible for safeguarding all government equipment, information, and property provided for Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.7.2 Key Control. Not applicable

1.6.7.3 Lock Combinations: N/A

1.6.8 Special Qualifications: The Contractor personnel must possess a BS with 3 years of experience or MS with 2 years of experience in the following fields: Wildlife Biology, Fisheries Biology, Conservation Biology, Aquatic Science, Environmental Science, Ecology, Natural Resources Management, Environmental Law, or a similar course of study. The Contractor personnel shall be knowledgeable in ESA Section 10, Section 7, and NEPA regulations and preferably have some familiarity with bats, wind turbine projects, and reviewing or writing ESA related documents.

1.6.9 Post-Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post-award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officer Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the contracting officer 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. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10 Contracting Officer Representative (COR): The (COR) will be identified 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, including Government drawings, designs, and specifications; monitor Contractor's performance and notify both the Contracting Officer 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 is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost, price, estimates, or delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 Key Personnel: The assigned Contractor personnel are considered key personnel by the government.

1.6.12 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by the Contractor are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. No uniforms or badges will be required while performing the duties of this work.

1.6.13 Contractor Travel: The Contractor or Contractor personnel may be asked to travel to high priority meetings, conferences, or training events during the performance of this contract. The Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires Government approval/authorization and notification to the COR.

1.6.14 Other Direct Costs: N/A

1.6.15 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, including the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.16 Organizational Conflicts of Interest: The Contractor and Contractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements) or perform evaluation services, which may create a current or subsequent Organizational Conflicts of Interest (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements that may be affected by the OCI.

1.6.17 PHASE IN /PHASE OUT PERIOD: N/A

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has 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 authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include nonmanufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ABBREVIATIONS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflicts of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT-FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will provide access to all required space, supplies, and facilities as needed for the provided services, meetings, briefings, and other required onsite activities with FWS staff.

3.2 Facilities: Government facilities and services which may be authorized under this contract include, but are not limited to, office space, general office equipment, specialized equipment, communications services and devices, and reproduction services. Government-furnished resources shall not include Government Vehicles.

3.3 Utilities: The Government will provide access to all necessary utilities, supplies, and facilities as needed for the provided services, meetings, briefings, and other required onsite activities with FWS staff.

3.4 Equipment: Government-Furnished Property (GFP), Equipment, and/or Material will be provided on an as-needed basis under this contract in accordance with applicable standards, regulations and guidance.

All onsite contractor employees will have use of standard office equipment and reasonable supplies.

3.5 Materials: The Government will provide standard operating procedures, best management plans, technical guidance, research, and other resources as needed and agreed upon by both the contractor and the office personnel.

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 that are not listed under Section 3 of this PWS.

4.2 Secret Facility Clearance: N/A

4.3. Materials: The contractor will provide all required space, supplies, and materials as needed for the provided services, meetings, briefings, and other required activities while working remotely.

4.4. Equipment: The contractor will provide all required space, supplies, and equipment as needed for the provided services, meetings, briefings, and other required activities while working remotely.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services.

Deliverables: As part of the services provided, certain deliverables may be required. These deliverables may include but are not limited to weekly or monthly timesheets, reports, findings, and summaries. All costs associated with the preparation, reproduction, coordination, submissions for review, rewrites, final reports, copies, etc., are the responsibility of the contractor.

Documentation: The contractor shall update and maintain all pertinent documentation for each Section 10 or 7 project and program as described herein, including but not limited to the following: standard operating procedures, quality assurance, contingency operations, backup, recovery, and restart procedures, configuration management related documentation; and all other documentation required by FWS Government personnel. Documentation should be made available in hard copy or electronic format, when required.

Skillset: The Contractor personnel will assist in the technical and environmental review of Department of Defense activities affecting primarily bat species to provide Programmatic Consultations under ESA Section 7(a)(2); and/or the technical and environmental development and review of Habitat Conservation Planning documents under ESA Section 10(a)(1)(B) primarily for land-based Wind Energy Projects. The Contractor personnel may also provide assistance with Recovery Permitting, and other ESA Section 7 Consultations. This work is conducted under the ESA, NEPA, and NHPA. These reviews will then form the basis for Service recommendations on how best to avoid, minimize, and compensate for impacts to migratory birds, bats, eagles, other relevant species, and their habitats. The technical review, including literature reviews, data analysis, attendance at project meetings, and report generation, will be necessary to support Service biologists in developing work products.

5.2. Task Heading.

Listed below are types of work and work products that are representative of the required capabilities of Contractor personnel. Relative to, but not limited to, specific DOI programs. For a complete description please reference the Performance Work Statement attached to this request.

1. Conducting ESA Habitat Conservation Planning pursuant to Section 10(a)(1)(B).

2. Conducting ESA Recovery Permitting pursuant to Section 10(a)(1)(A).

3. Conducting ESA consultations pursuant to Section 7.

4. Identifying the best available scientific and commercial data.

5. Identifying data gaps, developing conservation strategies, and implementing monitoring plans.

6. Reviewing, editing, commenting, and/or writing Habitat Conservation Planning documents, NEPA documents, Biological Assessments, Biological Opinions (including Incidental Take Statements and Conservation Recommendations), Recovery documents, letters, formal and informal correspondence, planning documents, monitoring plans, and emails.

7. Presentations on projects, FWS Policies, or status reports.

8. Maintaining Administrative Records.

Informal Reports: The Contractor shall provide periodic informal status reports in a mutually agreed upon format and method to the COR and shall provide requested information in a timely manner. The Contractor shall provide timely notice of issues as they arise.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized 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.

Performance Objective

Standard Performance Threshold

Method of Surveillance

PRS #1. ESA Habitat Consultation Planning The contractor shall conduct Habitat Conservation Planning activities of any kind but primarily on land-based renewable energy wind turbine facilities or other infrastructure or development projects that affect federally listed and/or at-risk bat species.

The contractor shall abide by the rules, regulations, policies, and judicial precedence and long-standing agency practice established under the following;

ESA [16 U.S.C. 1531 et seq.] Section 10(a)(1)(B), section 10(a)2(A), and section 10(a)(2)(B).

NEPA (42 U.S.C. 4321 et seq.).

Zero deviation from the standards

70% inspection, measured as documents are drafted and provided for review and 100% inspected at final submission

PRS #2. ESA Recovery Permitting The contractor shall conduct section 10(a)(1)(A) Recovery permitting associated with Scientific Research, Recovery, and Conservation Benefit Agreements (Safe Harbor Agreements and Candidate Conservation Agreements with Assurances.

The contractor shall abide by the rules, regulations, policies, and judicial precedence and long-standing agency practice established under the following;

ESA [16 U.S.C. 1531 et seq.] Section 10(a)(1)(A).

standards

70% inspection, measured as documents are drafted and provided for review and 100% inspected at final submission

PRS #3. ESA Section 7 Consultations The contractor shall conduct section 7 consultations for all activities or programs of any kind authorized, funded, or carried out, in whole or in part, by Federal agencies. This objective may focus on separate tasks:

(1) Conduct technical and environmental review of Department of Defense activities affecting primarily bat species to provide Programmatic Consultations under ESA Section 7(a)(2); and/or (2) Intra-Service consultations in support of Section 10 permits.

The contractor shall abide by the rules, regulations, policies, and judicial precedence and long-standing agency practice established under the following;

ESA [16 U.S.C. 1531 et seq.] Section 7(a)(1) and section 7(a)(2).

standards

70% inspection, measured as documents are drafted and provided for review and 100% inspected at final submission

PRS #4: Using Sound Science The contractor shall carry out all objectives using the best available scientific and commercial data to make findings regarding:

• the status of a listed species,

• the effects of a proposed action on the species or critical habitat,

• the determination of jeopardy/no jeopardy to listed species or destruction or adverse modification/no destruction or adverse modification to designated critical habitat.

The contractor shall also use the best available scientific and commercial data to develop or evaluate conservation strategies to avoid, minimize, and/or mitigate effects of projects.

The contractor shall abide by the rules, regulations, policies, and judicial precedence and long-standing agency practice established under the following;

ESA [16 U.S.C. 1531 et seq.] Section 10(a)(1)(B), section 10(a)2(A), section 10(a)(2)(B), 10(a)(1)(A), 7(a)(1), and 7(a)(2).

standards

70% inspection, measured as documents are drafted and provided for review and 100% inspected at final submission

PRS #5. Identifying Data Gaps, Developing Research Studies, and Implementing Monitoring Plans Where significant data gaps exist, the Contractor shall work with the action agency, industry, and Service personnel to seek out available information from Service listing packages, recovery plans, active recovery teams, species experts, State/tribal wildlife experts, universities, peer-reviewed journals and state heritage programs. The contractor shall work with Service personnel, industry, and the action agency to identify data gaps, develop research studies, and implement monitoring plans.

The contractor shall abide by the rules, regulations, policies, and judicial precedent and long-standing agency practice established under the following;

Endangered Species Act Section 7 Regulations and Policies Endangered Species Consultation Handbook Migratory Bird Treaty Act Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d) National Environmental Policy Act as detailed in the Code of Federal Regulations and Department Manuals Section 3 of Executive Order 13186 (66 FR 3853, January 17, 2001)

Zero deviation from the standards

70% inspection, measured as documents are drafted and provided for review and 100% inspected at final submission

PRS #6 Biological Assessments, The contractor shall review, edit, and comment on Biological Assessments.

The contractor shall abide by the rules, regulations, policies, and judicial precedent and long-standing agency practice established under the following;

Endangered Species Act Section 7 Regulations and Policies Endangered Species Consultation Handbook Migratory Bird Treaty Act Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d) National Environmental Policy Act as detailed in the Code of Federal Regulations and Department Manuals Section 3 of Executive Order 13186 (66 FR 3853, January 17, 2001)

Zero deviation from the standards

70% inspection, measured as documents are drafted and provided for review and 100% inspected at final submission https://www.govinfo.gov/content/pkg/USCODE-2010-title16/pdf/USCODE-2010-title16-chap5A-subchapII.pdf https://www.govinfo.gov/content/pkg/USCODE-2010-title16/pdf/USCODE-2010-title16-chap5A-subchapII.pdf https://www.govinfo.gov/content/pkg/USCODE-2010-title16/pdf/USCODE-2010-title16-chap5A-subchapII.pdf

PRS #7 Coordination: Formal Consultations and Biological Opinions The contractor shall coordinate with the Service, the action agency and the applicant to determine if formal consultation under ESA Section 7 is necessary. If formal consultation is not necessary, the contractor shall draft a letter concurring with the action agency’s Not likely to Adversely Affect determination. If formal consultation is necessary, the contractor shall write a Biological Opinion, an including incidental take statement and conservation recommendations.

The contractor shall abide by the rules, regulations, policies, and judicial president and long-standing agency practice established under the following;

Endangered Species Act Section 7 Regulations and Policies Endangered Species Consultation Handbook Migratory Bird Treaty Act Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d) National Environmental Policy Act as detailed in the Code of Federal Regulations and Department Manuals Section 3 of Executive Order 13186 (66 FR 3853, January 17, 2001)

Zero deviation from the standards

70% inspection, measured as documents are drafted and provided for review and 100% inspected at final submission

PRS #8 Written documents The contractor shall write and edit documents according to (1) the U.S.

Government Publishing style manual and (2) the Service’s Consultation Handbooks.

The contractor shall write clear, concise, and professional emails, letters, and correspondence using appropriate templates and language. The contractor shall be skilled in written communication. The contractor shall write in a way that conveys the information gathered, logically organizes statements, and comes to sound and defensible conclusions in their work, correspondence, reports, and recommendations in interagency and public forums. The contractor shall be proficient in Microsoft Office, Word, Excel, and PowerPoint.

The contractor shall abide by the rules, regulations, policies, and judicial president and long-standing agency practice established under the following;

ESA Section 7 & 10 Regulations and Policies Habitat Consultation Planning and Incidental Take Permit Processing Handbook Endangered Species Consultation Handbook NEPA as detailed in the Code of Federal Regulations and Department Manuals Section 3 of Executive Order 13186 (66 FR 3853, January 17, 2001)

Zero deviation from the standards

Consultation Documents:

70% inspection, measured as documents are drafted and provided for review and 100% inspected at final submission Emails: 30% of email correspondence will be reviewed at random, 100% if a complaint is made.

Other documents: 40% at random while in draft form, 100% final documents

PRS #9 Planning The contractor shall participate in diverse, complex, and multidisciplinary planning efforts with public and private groups and state, local, and Federal agencies to achieve Service policies, objectives, and goals. The contractor shall assist in the development of standard operating procedures, best management practices, guidance documents, and monitoring plans that aid in the assessment of potential impacts to and protection of biological resources.

The contractor shall abide by the rules, regulations, policies, and judicial president and long-standing agency practice established under the following;

ESA Section 7 & 10 Regulations and Policies Habitat Consultation Planning and Incidental Take Permit Processing Handbook Endangered Species Consultation Handbook NEPA as detailed in the Code of Federal Regulations and Department Manuals Section 3 of Executive Order 13186 (66 FR 3853, January 17, 2001)

Zero deviation from the standards

95% attendance for calls, meetings, and trainings.

Measured bi-weekly

PRS #10 Presentations The contractor shall create and deliver presentations on the Service’s policies, guidance, recommendations, and position to other agencies, the public, industry, and stakeholders.

The contractor shall abide by the rules, regulations, policies, and judicial president and long-standing agency practice established under the following;

ESA Section 7 & 10 Regulations and Policies Habitat Consultation Planning and Incidental Take Permit Processing Handbook Endangered Species Consultation Handbook NEPA as detailed in the Code of Federal Regulations and Department Manuals Section 3 of Executive Order 13186 (66 FR 3853, January 17, 2001)

Zero deviation from the standards

80% inspection for any presentations that will be provided by the contractor 50% will review any documents they produce that cite rules and regulations to ensure accuracy with Service policy

PRS #11 Diplomacy and Ethics The contractor shall demonstrate skill in the use of diplomacy and sound judgment when working with people of state and Federal agencies, tribes, private individuals, organizations, and the news media. The Contractor shall disclose any conflicts of interest, report any ethical issues, and be fully aware of any prohibitions that could be relevant to work tasks. The contractor shall bring any concerns about these matters to the contract administrator as soon as an issue is identified.

DOI Ethics Guidance

301 FW 3

Conflicts of Interest and Other Legal and Ethical Prohibitions

Zero deviation from the standards

100% inspection, will respond to any complaints from personnel and staff if they occur

PRS #12 Travel The contractor shall travel for any necessary meetings, conferences, or training that is deemed vital to fulfilling their roles and responsibilities if remote or virtual attendance is not available.

The contractor shall work with the Service to determine if this is necessary and to work out any travel plans that are needed.

DOI Travel Policy Contractors or cooperators must arrange their own travel and cover all costs associated with travel. The Service may reimburse contractors or cooperators for travel-related costs if the contract/cooperative agreement authorizes

it. The contractual or cooperative agreement governs travel reimbursement between the Service and the contractor/cooperator, and not Part 265 of the Service Manual

Zero deviation from the standards

100% inspection or all travel requests, permissions, authorizations justifications, vouchers, and expenditures

PRS #13 Maintaining the Administrative Record The contractor shall maintain an administrative record documenting and supporting consultation and the resulting Service decision. At a minimum. Administrative records should contain the following types of records as appropriate; letters, memoranda, public notices, or other documents requesting consultation;

summaries of meetings held, including dates, attendees, purpose and results or conclusions, summaries of field trips or site inspections, including dates, attendees, and photos, summaries of personal contacts between the various groups, written correspondence, electronic messages, published material used in developing the work products, other information in the process.

The contractor shall abide by the rules, regulations, policies, and judicial president and long-standing agency practice established under the following;

282 FW 5 Compiling a Decision File and an Administrative Record ESA Section 7 & 10 Regulations and Policies Habitat Consultation Planning and Incidental Take Permit Processing Handbook Endangered Species Consultation Handbook NEPA as detailed in the Code of Federal Regulations and Department Manuals Section 3 of Executive Order 13186 (66 FR 3853, January 17, 2001)

Zero deviation from the standards

30% review on a monthly basis, 100% review at the end of the contract