A2_12_PWS_2026_ROC-NEPASupport_Updated_1.pdf

Performance Work Statement Environmental Compliance Support for Klamath Project Operations Bureau of Reclamation, Klamath Basin Area Office

December 2025

1.0 INTRODUCTION

1.1 Purpose

The objective of this contract is to acquire the assistance of an expert contractor to support the Bureau of Reclamation’s (Reclamation) Klamath Basin Area Office (KBAO) in achieving regulatory compliance with the Endangered Species Act (ESA), Magnuson-Stevens Fishery Conservation and Management Act (MSA), National Environmental Policy Act (NEPA), and other applicable environmental compliance laws and regulatory processes for the continued operation of Reclamation’s Klamath Project (Project).

1.2 Background

1.2.1 The Klamath Project

Reclamation is responsible for managing, developing, and protecting water and related resources in an environmentally and economically sound manner in the interest of the American public.

Pursuant to the Reclamation Act of 1902, Reclamation’s KBAO manages and operates the Project, storing waters of the Klamath and Lost rivers, and diverting and delivering water for irrigation and related purposes through a complex network of conveyance features including diversion dams, canals, laterals, pumping facilities, and drains, to approximately 230,000 acres of agricultural and wildlife refuge lands in southern Oregon (Klamath County) and northern California (Siskiyou and Modoc counties). The Project includes three primary storage reservoirs including Upper Klamath Lake, Clear Lake Reservoir, and Gerber Reservoir, and includes two dams on the Klamath River: Link River Dam and Keno Dam. Link River Dam, the most upstream dam, regulates surface water elevations in Upper Klamath Lake and allows for water deliveries through Reclamation facilities; Keno Dam maintains water levels in the Lake Ewuana Reach of the Klamath River and provides for flood control in the upper Klamath Basin.

Primary species of concern related to operation of the Project include the endangered Lost River (Deltistes luxatus; C’waam) and shortnose (Chasmistes brevirostris; Koptu) suckers residing within Project reservoirs, threatened Coho Salmon (Oncorhynchus kisutch) within the Klamath River, and the Southern Resident Killer Whale within the Pacific Ocean (Orcinus orca; to the extent that Klamath River salmon are a source of prey).

1.2.2 Environmental Compliance

As a federal agency, Reclamation is required under Section 7 of the ESA to consult with the U.S.

Fish and Wildlife Service (USFWS) and the National Marine Fisheries Services (NMFS;

collectively, the Services) on actions that may affect ESA-listed species or critical habitat; under Section 305 of the MSA to consult with the NMFS on actions that may adversely affect Essential Fish Habitat (EFH) for species managed under the Pacific Coast Salmon Fishery Management Plan; and under Section 102 the NEPA to incorporate environmental considerations and assess the environmental effects of proposed federal actions in planning and decision-making processes.

In order to legally continue operations and maintenance activities associated with management of the Project, Reclamation must consult with each regulatory agency under the ESA and MSA, and perform analysis under the NEPA on the effects of those activities prior to executing Project operations.

1.2.3 Contract Need

Currently, Reclamation does not have adequate staff and expertise to complete this task internally. Consequently, Reclamation has determined that the services of a contractor are needed to assist in consultation and analysis efforts to ensure regulatory compliance in order for Reclamation to continue management and operation of the Project for authorized purposes, consistent with federal Reclamation law and other federal and relevant state water law;

contractual obligations and agreements with Project contractors; and in a manner that meets species needs and federal trust responsibilities to Klamath Basin Tribes.

2.0 SCOPE OF WORK

The scope of this contract is to provide comprehensive professional services to Reclamation’s KBAO to support Reclamation in fulfilling its legal and regulatory obligations under the ESA, MSA, and NEPA for operation of the Project. Professional services will include project management, technical document development inclusive of scientific, hydrological, biological, and environmental analyses, and administrative, logistical, and technical support. These services will aid Reclamation in fulfilling its mission to ensure continued management and delivery of water and related resources in a manner that ensures timely, legally defensible deliverables in support of compliance with applicable federal environmental laws and regulations.

3.0 PERFORMANCE REQUIREMENTS

3.1 Objective Overview

Major objectives associated with this contract will include ESA consulation, MSA consultation, NEPA documentation, and Administrative Record documentation in support of regulatory compliance.

3.2 Major Task Descriptions

All tasks will require extensive coordination with Reclamation, the Services, and Tribes and key stakeholders.

3.2.1 Proposed Action Narrative Support

• Compile and integrate results from Reclamation’s hydrologic modeling efforts in the development of a proposed action narrative inclusive of a thorough and robust description all Project components such as operation and maintenance activities and any associated conservation measures

• Coordinate internal, solicitor, interagency, and public review, as needed, develop associated review periods, assist in the compilation of comments and response development, and incorporate revisions as necessary

3.2.2 ESA Consultation Support

• Develop a Biological Assessment (BA) evaluating the potential effects of Reclamation’s proposed federal action on listed endangered or threatened species and their designated critical habitats, develop associated schedule and milestone dates, create section outlines, research and collect relevant data to support analysis, perform modeling, provide draft iterations, and perform technical editing o The BA may include sections such as but not limited to: executive summary, introduction, environmental baseline, proposed action, seasonal operations, effects analysis for each ESA-listed species, other species, cumulative effects, conclusions, references, and appendices

• Coordinate internal, solicitor, interagency, and public review, as needed, develop associated review periods, assist in the compilation of comments and response development, and incorporate revisions as necessary

• Upon receiving Biological Opinions:

o Assist in the review of Biological Opinion components and/or drafts as they are shared and as needed o Assist in the review of Biological Opinion requirements, including the nature of requirements, necessary actions, and associated timelines and due dates, as well as develop tracking spreadsheets, etc., as requested o Assist in the development of planning documents required by Biological Opinions necessary to implement associated Terms and Conditions and/or conservation recommendations (e.g., implementation and/or monitoring plans)

3.2.3 MSA Consultation Support

• Develop an EFH Assessment evaluating the potential effects of Reclamation’s proposed federal action on EFH, develop associated schedule and milestone dates, create section outlines, research and collect relevant data to support analysis, perform modeling, provide draft iterations, and perform technical editing o The EFH Assessment may include sections such as but not limited to:

introduction, background, Chinook and Coho Salmon habitat requirements for EFH, Chinook and Coho Salmon EFH requirements, EFH affected by the project, effects of the proposed action on Chinook Salmon and Coho Salmon EFH, water quality effects to EFH, flow effects to EFH, habitat parameters effects to EFH, and determination on effects

• Coordinate internal, solicitor, and interagency review, as needed, develop review periods, assist in the compilation of comments and response development, and incorporate revisions as necessary

3.2.4 NEPA Compliance Support

• Develop an Environmental Assessment (EA) and associated Finding of No Significant

Impact (FONSI) or Environmental Impact Statement (EIS) and associated Record of Decision (ROD) analyzing potential impacts of Reclamation’s proposed federal action on the affected environment, develop associated schedule and milestone dates, create section outlines, research and collect relevant data to support analysis, perform modeling, provide draft iterations, and perform technical editing o The NEPA document may include sections such as but not limited to: executive summary; introduction; purpose and need; project description; water rights; action alternatives; affected environment and environmental consequences for resources such as but not limited to water resources (surface water, water quality, and groundwater), biological resources (federally listed species, other aquatic species, wetlands and riparian habitats, and migratory birds,) socioeconomics (irrigated agriculture, recreation, commercial, recreational, Tribal fishing, business, population, and employment, and Tribal Nations and Tribal economies), and Indian Trust Resources; consultation and coordination; references; and appendices

• Coordinate internal, solicitor, and interagency review, as needed, develop review periods, assist in the compilation of comments and response development, and incorporate revisions as necessary

3.2.5 Administrative Record Support

• Develop an Administrative Record Plan, subject to Reclamation review and approval

• Develop a shared repository for decision and decision-supporting documents

• Compile and organize decision files related to ESA, MSA, and NEPA decision-making processes (emails, letters, memorandums, references, and other related documents as applicable)

• Index Administrative Record

• Coordinate internal and solicitor review

3.3 Additional Tasks and Support Services

3.3.1 Project Management

• Develop and provide up-to-date schedules, inclusive of major milestone

• Develop action plans to execute milestones by required deadlines

• Develop and provide up-to-date tasks lists, status updates and progress reports, and work breakdown structures (e.g., Gantt charts)

• Track roles and responsibilities (e.g., Project Management Plan)

• Maintain a risk management register

• Develop and maintain a project budget

• Review input and discuss issues related to development of environmental compliance documents

• Effecively manage sub-contractors, as applicable

3.3.2 Coordination, and Logistical Support

• Assist in the review and preparation of correspondence, communications plans, briefing papers, decision documents, policy and procedural guidance, meeting materials, talking points, agendas, notes, presentations, prioritization strategies, progress reports, etc.

• Facilitate and lead or co-lead meetings, technical discussions, presentations, etc. with stakeholders, Tribes, and interagency-coordination teams on policy, consultation, and compliance development and processes in various settings with a variety of resource disciplines. Facilitation and logistical support may involve:

o Procurement and coordination of meeting venues and related facilities o Meeting invitations, scheduling, and managing attendee communications o Verification and/or satisfaction of equipment or technical support o Preparation of meeting agendas, handouts, and presentations o Taking meeting notes and documenting decisions and action items

• Deliver briefings and oral presentations

• Communicate via Teams meetings or other platforms, face-to-face, or email with agencies, interested parties, stakeholders, and Tribal Nations to convey information, solicit recommendations, provide feedback, etc.

3.3.3 Technical and Editorial Support

• Create a shared platform for document libraries and to facilitate multi-user editing and review

• Develop documents using Reclamation templates

• Develop documents that adhere to Reclamation’s Visual Identity and Section 508 (of the

Rehabilitation Act of 1973) accessibility guidelines

3.3.4 Literature Review and Reference Management

• Provide assistance with tracking and reviewing newly published articles within the Klamath River Basin that may inform baseline and impact analysis

• Develop, compile, and maintain a reference management system or database (e.g., Mendeley) to store and organize all scientific documentation as well as other sources referenced in the development of documents under this contract

3.3.5 Scientific Modeling Support

• Coordinate with modeling developers and experts on model outputs and simulations to inform impact anslysis (e.g., habitat modeling and socioeconomic modeling)

• Create model outputs in the form of tables and figures to support impact analysis

• Model output interpretation, data visualization, and technical analysis

4.0 DELIVERABLES

All deliverables must adhere to the latest ESA, MSA, and NEPA implementing regulations and regulatory timelines and guidelines and include sufficient supporting documentation to withstand legal review, and shall be completed in an effective and timely manner to allow for all applicable compliance processes to be completed by March 2027, or at an alternate date determined by Reclamation.

While Reclamation has made its best effort to estimate the primary deliverables and documentation necessary to support contract objectives, additional deliverables, such as supplemental NEPA documentation to support subsequent annual operations, may be necessary.

Deliverable Description Milestone Date

Shared Platform (e.g., SharePoint)

Development of a shared platform for document development, storage, and review, a scientific literature and reference library, and administrative record development

No later than two weeks after contract award

Proposed Action Narrative Detailed project description for inclusion in Endagered Species Act and Magnuson Stevens Act assessments and National Environmental Policy Act analysis; begin Biological Assessment, Essential Fish Habitat Assessment, and Environmental Assessment

April 2026

Draft Biological Assessment Biological analysis in support of Section 7 Endangered Species Act Consultation; draft document to share with federal partners

September 2026

Final Biological Assessment Biological analysis in support of Section 7 Endangered Species Act Consultation;

initiate formal consultation

October 2026

Final Essential Fish Habitat Assessment

Essential Fish Habitat analysis in support of Section 205 Magnuson Stevens Act consultation; initiate formal consultation

October 2026

Draft Environmental Assessment

Environmental anslysis in support of Section 102 National Environmental Policy Act compliance; release draft for 30-day public comment period

October 2026

Deliverable Description Milestone Date

Final Biological Assessment Addendums

Addendums to Proposed Action and/or Biological Assessment, as needed per Services review of Biological Assessment

November-December 2026

Final Environmental Assessment and Finding of No Significant Impact

Final analysis in support of Section 102 National Environmental Policy Act compliance; receive final Biological Opinions to incorporate into final documents

March 2027

Administrative Record Development of an Administratie Record to document Reclamation’s decision-making process and ultimate transition to new Proposed Action in April of

May 2027

Project Management Reports Status updates, Gnatt charts, milestone schedules, etc. Monthly or as needed

* Milestone schedule subject to accelerated timelines and/or change based on determined National Environmental Policy Act pathway (i.e., Environmental Assessment versus Environmental Impact Statement), regulatory timelines, review periods, workflow considerations, and other unforeseen circumstances.

5.0 REFERENCES

The following is a preliminary list of documents that may be required in the performance of this contract, several of which contain information from previous Section 7 consultation and environmental compliance efforts that may need to be carried forward:

Number Title Date URL/Source 1 Final Biological Assessment and

Essential Fish Habitat Assessment on The Effects of the Proposed Action to Operate the Klamath Project from October 1, 2024, through September 30, 2029 on Federally-Listed Threatened and Endangered Species

June 14, https://www.usbr.gov/m p/kbao/ecbo.html

2 Biological Opinion on the Effects of the Proposed Klamath Project Operations Plan. Effective November 15, 2024, through October

November 15, 2024 https://www.usbr.gov/m p/kbao/ecbo.html https://www.usbr.gov/mp/kbao/ecbo.html https://www.usbr.gov/mp/kbao/ecbo.html https://www.usbr.gov/mp/kbao/ecbo.html https://www.usbr.gov/mp/kbao/ecbo.html

Number Title Date URL/Source 31, 2029, on Federally Listed Threatened and Endangered Species

3 Endangered Species Act Section 7(a)(2) Biological Opinion, and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Response for Klamath Project Operations from October 1, 2024, through September 30, 2029

October 28, https://www.usbr.gov/m p/kbao/ecbo.html

4 Final Environmental Assessment and Finding of No Significant Impact on Implementation of Klamath Project Operating Procedures 2024-2029

January 10, https://www.usbr.gov/m p/nepa/nepa_project_de tails.php?Project_ID=54

5 Reclamation Section 508 and Visual Identity Standard and Templates

2025 Available upon request

6.0 SUMMARY OF PERFORMANCE STANDARDS

Performance will be measured by the successful completion of each objective, including federal compliance with the ESA, MSA, and NEPA. Performance indicators and standards are as follows:

6.1 Quality

• Deliverables and tasks must be complete, descriptively and concisely written with clarity and consistency, of high quality, and contain appropriate, effective structure and content that appropriately represents Reclamation and meets Reclamation’s needs

• Deliverables must contain minimal spelling, grammatical, logistical, and technical errors

• Technical experts must possess sufficient qualifications and shall be able to draft document content that requires minimal editing

• Minimum acceptable quality level shall be 95% error free (opportunity will be provided to re-work non-compliant work products to the extent it does not jeaopardize progression of deliverables/milestone schedule

6.2 Delivery and schedule

• Deliverables and tasks must be completed and delivered in a timely manner, adhering to deliverables/milestone schedule with the potential that timelines will need to be adjusted and/or accelerated

6.3 Compliance

• All document deliverables must meet content requirements as described for each document type https://www.usbr.gov/mp/kbao/ecbo.html https://www.usbr.gov/mp/kbao/ecbo.html https://www.usbr.gov/mp/nepa/nepa_project_details.php?Project_ID=54883 https://www.usbr.gov/mp/nepa/nepa_project_details.php?Project_ID=54883 https://www.usbr.gov/mp/nepa/nepa_project_details.php?Project_ID=54883 https://www.usbr.gov/mp/nepa/nepa_project_details.php?Project_ID=54883

• All deliverables and tasks must adhere to all applicable regulatory, policy, and procedural requirements

7.0 TRAVEL REQUIREMENTS

• Travel to Klamath Falls, Oregon and/or surrounding areas (i.e., Medford, Oregon and Ashland, Oregon) may be required to support meeting facilitation and attendance, technical discussions, and coordination with Reclamation, among others

8.0 PLACE AND PERIOD OF PERFORMANCE

8.1 Place of Performance

• Primarily remote with periodic in-person meetings as needed

8.2 Period of Performance

• Date of award through September 30, 2027

9.0 WORK SCHEDULE AND RECOGNIZED HOLIDAYS

The contractor is responsible for conducting business during standard business hours, consisting of an eight hour work day between 0600-1800 Monday through Friday except federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings. For contracts other than firm fixed price, 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 Performance Work Statement 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.

Recognized federal holidays:

• New Year's Day (January 1).

• Birthday of Martin Luther King, Jr. (Third Monday in January).

• Washington's Birthday (Third Monday in February).

• Memorial Day (Last Monday in May).

• Juneteenth National Independence Day (June 19).

• Independence Day (July 4).

• Labor Day (First Monday in September).

• Columbus Day (Second Monday in October).

• Veterans Day (November 11).

• Thanksgiving Day (Fourth Thursday in November).

• Christmas Day (December 25).

10.0 KEY PERSONNEL

Due to the highly complex environmental and natural resource policy and management related to the Project, it is imperative that Reclamation acquires the services of a contractor with highly qualified personnel with appropriate combinations of education, training, and experience.

Deliverables and associated tasks will require extensive coordination, administrative and project management support, and technical expertise in fields related to Klamath Basin fisheries (specifically, extensive knowledge related to suckers, salmon, and Southern Resident Killer Whale biology and recovery), biological and ecological science, water quality, water and habitat modeling and simulation, and socioeconomics, among others. It is also imperative that the contractor has familiarity with and knowledge of Klamath Basin hydrology, Tribal resources, and biological and water management issues unique to Reclamation’s Project, has experience in directing project teams and cooperative efforts leading to successful development of compliant scientific, biological, and environmental documentation related to water management projects, has experience with building collaborative partnerships with agency and key Tribal and stakeholder entities including participation in various biological and hydrological management teams and interdisciplinary working groups, and has the ability to facilitate natural resource management and policy discussions related to these resources and management topics among agency and key stakeholder entities.

Key personnel shall include:

• Project Manager

• Fisheries and Wildlife Biologists

• NEPA/Environmental Specialists

• Hydrologists

• Data analysts

• Technical Writers/Editors

• Administrative Support

• Other specialists as necessary

10.0 SPECIAL REQUIREMENTS

10.1 Accessibility and Compliance

• Compliance with Section 508 of the Rehabilitation Act

• Visual Identiy standards per Reclamation’s guidelines