A04_Scope_of_Work_Buckhorn_Dam.docx

PERFORMANCE WORK STATEMENT (PWS)

Buckhorn Dam Fish Passage to Reconnect Cape Fear Shiner Populations

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide coordination and stakeholder engagement associated with fish passage alternatives at Buckhorn Dam on the Cape Fear River in Chatham County, North Carolina.

1.1 Description of Services/Introduction: Background information synthesis and coordination are sought to plan and engage stakeholders in fish passage alternatives at Buckhorn Dam allowing reconnection of the federally-endangered Cape Fear Shiner populations upstream and downstream of the dam while providing public water supply and use opportunities for the community. Work entails using earlier conceptual plans to provide background data and restoration coordination at the site itself to refine fish passage alternatives and the withdrawal implications of alternatives. For the stakeholder engagement portion of the work, an on-site presence is needed for field meetings. Expertise needed includes knowledge of river restoration, the hydrogeology of the upper Cape Fear River and experience with environmental management and permitting programs in North Carolina.

1.2 Background: Buckhorn Dam separates distinct population units of the federally endangered Cape Fear Shiner, a North Carolina endemic fish. The dam is no longer used operationally by its owner, but other users rely on the impounded reach for drinking water. A feasibility study generated fish passage dam modification options and strategies which maintain upstream water needs, and those have the conceptual support of the largest upstream water user. Interested parties now seek coordination to move beyond the conceptual phase. To date, stakeholder engagement, site specific studies (including bathymetry, flow, habitat, sediment deposits, and review of previous assessments), and conceptual design have been completed. The conceptual design identified passage scenarios, needed stream restoration measures, sediment management ideas, and suggestions for water intake improvements. Bids are sought for specific talks outlined below to advance coordination and stakeholder engagement.

1.3 Objectives: Conduct the background information synthesis, coordination, planning, outreach, and engagement required to achieve a mutually beneficial outcome at Buckhorn Dam allowing reconnection of the federally-endangered Cape Fear Shiner populations upstream and downstream of the dam while providing public water supply and use opportunities for the community.

1.4 Scope:

Engagement and Project Advancement

1. Continued engagement with project partners including Duke Energy, American Rivers, and the City of Sanford. Work entails up to 10 on-location field meetings, and contractor should have expertise with river restoration, fish passage alternatives, water resources management, the hydrogeology of the upper Cape Fear River, and environmental management and permitting programs in North Carolina.

2. Advanced coordination with City of Sanford and their officials and consultants on water intake improvements and developing options for the dam that allow passage and secure water supply. Work entails synthesis of background information and field collection of new data to advance restoration planning, sediment management, and post removal planning and associated permitting. Work also includes on-location coordination with contractors for stakeholders for field verification as needed.

3. New engagement with additional upstream water users. The City of Sanford is knowledgeable about several industrial users to be contacted. This work may include gathering information on additional intakes and their water demands and extending water level modeling completed in earlier phases of this project.

4. Development of an advanced concept plan that includes a public access component, renderings, and other illustrations that will assist with communicating the final project design to project partners, funding agencies, regulatory agencies, and the public.

Deliverables

1. Narrative plans, calculations, and drawings to demonstrate restoration design(s) which address the fish passage, upstream water use, sediment management, and post project appearance of one or more alternatives.

2. Agendas and brief summaries of on-site and follow-up coordination meetings with stakeholders, particularly consultants for dam owners and upstream water users as well as natural resource management agencies.

3. A final product of Tasks 1-4 will be an array of letters of support or memorandums of understanding from various partners and stakeholders conveying their understanding and support of a preferred alternative dam configuration / operation which advances fish passage and addresses their needs as water users.

All of the work should be of a degree of completeness that it supports anticipated next steps. It is envisioned work under this contract will provide a foundation for subsequent work such as development of project plans for a preferred alternative, bidding of the restoration work, and permit application development and submittals.

1.5. Period of Performance: The period of performance shall be from October 1, 2021 through December 31, 2022

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 non-recurrence of defective services. The contractor’s quality control program is the means by which (s)he assures (her)himself that 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 is not required to perform services on holidays, if they can arrange to obtain time-sensitive observations before or after the holiday.

1.6.4 Hours of Operation: In general, for the work the contractor will be doing, there doesn’t appear to be any need to synchronize with the FWS office. It is more important to match contract work time with field data collection windows and the schedules of stakeholders.

1.6.5 Place of Performance: Field data collection (if necessary to verify background information) will be within the Cape Fear River watershed upstream and downstream of Buckhorn Dam. Data interpretation and synthesis and preparation of reports may be carried out at the contractor’s place of business. The contractor must be able to be present for stakeholder meetings, envisioned as between 3-5 meetings in the local area.

1.6.6 Type of Contract: The government will award a (Type of contract to be determined by CO and the customer).

1.6.7 Security Requirements: Contractor personnel performing work under this contract must have a valid driver’s license at time of the proposal submission, and must maintain the level of security required for the life of the contract.

1.6.7.1 Physical Security: Not applicable

1.6.7.2 Key Control: Not applicable

1.6.7.3 Lock Combinations: Not applicable

1.6.8 Special Qualifications: The contractor must be knowledgeable of restoration hydrology and environmental permitting in North Carolina.

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 Officers 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, specifications: monitor Contractor's performance and notifies 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 or price, estimates or changes in 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 following personnel are considered key personnel by the government: contract manager, alternate contract manager and technical lead for the stakeholder engagement. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m. to 4:30 p.m., Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.12 Identification of Contractor Employees: All contract personnel attending meetings 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 contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.13 Contractor Travel: Contractor will be required to travel for field work and should budget in their proposal accordingly.

1.6.14 Other Direct Costs: Not Applicable

1.6.15 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include 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 Conflict of Interest: Contractor and subcontractor 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, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (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 which may be affected by the OCI.

1.6.17 PHASE IN /PHASE OUT PERIOD: Not Applicable

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 non-manufactured 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. ACRONYMS:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: The Government will provide a Contracting Officer's Technical Representative to monitor and advise on all technical aspects of the contract and assists in contract administration.

3.2 Facilities: Not Applicable

3.3 Utilities: Not Applicable

3.4 Equipment: Not Applicable

3.5 Materials: Not Applicable

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all human resources, supplies, equipment, facilities and services required to perform work under this contract.

4.2 Secret Facility Clearance: Not Applicable

4.3. Materials See section 4.1.

4.4. Equipment See section 4.1

PART 5

SPECIFIC TASKS

5. Tasks

Engagement and Project Advancement

· Continued engagement with project partners including Duke Energy, American Rivers, and the City of Sanford. Work entails collating materials to support and then attending up to 10 on-location field meetings, and contractor should have expertise with river restoration, fish passage alternatives, the hydrogeology of the upper Cape Fear River, and environmental management and permitting programs in North Carolina.

· Advanced coordination with City of Sanford and their consultants on intake improvements and developing options for the dam that allow passage and secure water supply. Work entails synthesis of information to advance restoration design, sediment management, and post removal design and associated permitting foundation documents. Work also includes on-location coordination with officials or contractors for stakeholders for field verification as needed.

· New engagement with additional upstream water users. The City of Sanford is knowledgeable about several industrial users to be contacted. This work may include gathering information on additional intakes and their water demands and extending water level modeling completed in earlier phases of this project.

· Coordination of an advanced concept plan that includes a public access component, renderings, and other illustrations that will assist with communicating the final project design to project partners, funding agencies, regulatory agencies, and the public.

Deliverables

· Narrative plans, calculations, and drawings to demonstrate restoration design(s) which address the fish passage, upstream water use, sediment management, and post project appearance of one or more alternatives.

· Agendas and brief summaries of on-site and follow-up coordination meetings with stakeholders, particularly consultants for dam owners and upstream water users as well as natural resource management agencies.

· A final product of Tasks 1-4 will be an array of letters of support or memorandums of understanding from various partners and stakeholders conveying their understanding and support of a preferred alternative dam configuration / operation which advances fish passage and addresses their needs as water users.

All of the work should be of a degree of completeness that it supports anticipated next steps. It is envisioned work under this contract will provide a foundation for subsequent work such as development of final project plans for a preferred alternative, bidding of the work, and permit application development and submittals.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. 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:

None