Att__1_Verde_PA_PWS.pdf

Attachment 1 140R3024R0008

PERFORMANCE WORK STATEMENT

PROGRAMMATIC AGREEMENT DEVELOPMENT FOR THE

VERDE RESERVOIR SEDIMENT MITIGATION PROJECT

1. INTRODUCTION

The proposed Verde Reservoir Sediment Mitigation Project (VRSMP) is an undertaking subject to Section 106 (54 U.S.C. § 306108) of the National Historic Preservation Act (NHPA) and its implementing regulations (36 CFR § 800; see Appendix A). NHPA requires federal agencies to take into account the effects of their actions on cultural resources that are listed or are eligible for inclusion in the National Register of Historic Places (NRHP) prior to project authorization. In cases when the effects on historic properties cannot be fully determined prior to approval of an undertaking, when there are complex or multiple undertakings, and/or when effects on historic properties are regional in scope, the lead federal agency may negotiate a programmatic agreement that identifies how the agency will comply with Section 106 of NHPA.

In accordance with the terms of 36 CFR § 800.14(b) the Contractor shall provide services necessary for Reclamation to develop a project-specific programmatic agreement (PA) for the proposed VRSMP project. As part of Reclamation’s compliance with the National Environmental Protection Act (NEPA), it will include the PA in the VRSMP Environmental Impact Statement and the PA must be fully executed prior to issuance of a Record of Decision.

Reclamation estimates that five federal and state agencies will be involved in consultation on the PA including Reclamation, the United States Forest Service (USFS), the Arizona State Historic Preservation Office (SHPO), the U.S. Army Corps of Engineers (USACOE), Arizona Public Service (APS), and the Advisory Council on Historic Preservation (ACHP). In addition, Reclamation anticipates that 18 Native American tribes (Appendix B) will be involved in consultation on the PA, the proposed action, and its potential effects to historic properties and sacred sites.

2. DESCRIPTION OF WORK REQUIRED

The Contractor shall provide all services necessary to prepare a PA for the proposed VRSMP project. These services are described in the tasks below.

2.1 Meetings

The Contractor shall attend both planning and consultation meetings with Reclamation staff to identify and discuss relevant issues that shall be addressed in the PA. Reclamation anticipates that the Contractor shall attend one kick off meeting with Reclamation (in-person or via MS Teams). Furthermore, Reclamation anticipates that the Contractor shall attend an additional six

(6) planning meetings for the development of the PA, three (3) per year for the duration of the contract. The Contractor shall assist Reclamation in coordinating, facilitation, and scheduling all of the following cultural resource consultation meetings. The Contractor shall assist Reclamation in the planning of in-person meetings (e.g., research of meeting facilities/venues), but

Reclamation will be responsible for procurement of supplies or services associated with in-person meetings. The Contractor shall attend four (4) one-day cultural resource update meetings and listening sessions between Reclamation and consulting parties, two (2) in the first year of the contract and two (2) in the second year of the contract. The Contractor shall attend a series of eight (8) one-day meetings with anticipated signatory agencies, two (2) between Reclamation and USFS at the Tonto National Forest Office, two (2) between Reclamation and the USACOEs via MS Teams or in Glendale Arizona, two (2) between Reclamation and SHPO in Glendale, Arizona, and two (2) between Reclamation, USFS, USACOE, SHPO, and SRP in Glendale, Arizona. Four (4) of the meetings will be within the first year of the contract and four (4) will be within the second year of the contract. The Contractor shall attend up to 71 one-day meetings between Reclamation and Native American tribes that express an interest in the proposed project, up to 24 within the first year of the contract and up to 47 within the second year of the contract.

Reclamation anticipates that these meetings will be held at each Tribe’s capital city. The Contractor shall assist Reclamation in the planning of in-person meetings. The Contractor shall participate via phone in three (3) teleconferences between Reclamation and the ACHP, one (1) in the first year of the contract and two (2) in the second year of the contract. The Contractor shall attend two (2) meetings between Reclamation and APS via MS Teams. The Contractor shall conduct up to 80 follow-up phone interviews with consulting parties to discuss and clarify relevant issues that shall be addressed in the programmatic agreement. The Contractor shall also frequently coordinate with Reclamation via phone and email.

2.2 Meeting Notes and Minutes

The Contractor shall take notes during the meetings, sessions, teleconferences, phone calls described in Task 2.1 and provide meeting minutes to Reclamation for review and inclusion in the administrative record. For some of these meetings the Contractor may employ a note taker.

At a minimum, the Contractor shall include a list of meeting or teleconference participants and their associated agency, organization, or Tribe, the date of the meeting or call, bullet points of the issues discussed, and a list of action items that result from the discussions. The Contractor shall enter each consultation instance (e.g., meetings, phone calls, emails, and text messages) into a consultation spreadsheet provided by Reclamation and in keeping with the Department of the Interior – Departmental Manual (512 DM-5).

2.3 Programmatic Agreement Preparation

The Contractor shall prepare, review, and revise a second draft, a third draft, and a final (fourth) draft of the PA for signature for the proposed VRSMP project. The PA shall fulfill the requirements of NHPA and conform to the standards set forth by the ACHP. Reclamation will provide the Contractor with PA guidance documents that it should use in the review and revision of the PA. The Contractor shall submit revised drafts of the PA to Reclamation that address the comments made by project stakeholders/consulting parties. In instances where the Contractor does not address a consulting party’s comments in the succeeding draft, the Contractor shall prepare a brief explanation of why it did not address those comments for the administrative record and for submission in the consultation packet for the next draft in keeping with 512 DM- 5.

https://www.doi.gov/sites/doi.gov/files/elips/documents/512-dm-5_2.pdf

The Contractor shall provide a technical and grammatical review with recommend edits of the third draft of the PA to Reclamation. The recommended technical and grammatical review provided by the Contractor shall contain comments and edits via track changes in a Word document for Reclamation’s review. The Contractor is encouraged to employ a technical writer to complete this task.

3. PERIOD OF PERFORMANCE

The work required by this PWS shall be completed within three (3) years from award. The Contractor shall complete all required deliverables within this time period.

4. QUALITY OF WORK

The Contractor shall be responsible for the professional and technical accuracy of all work or services rendered under this PWS. All deliverables produced by the Contractor shall be subject to comprehensive technical and quality-assurance/quality-control edits prior to submittal to Reclamation. All products shall be reviewed by Reclamation for compliance with government requirements and criteria. The Contractor shall correct errors and deficiencies resulting from the Contractor’s performance at no additional cost to Reclamation. In general, the deliverables should focus on items proportionate to their importance.

5. SCHEDULE OF DELIVERABLES

5.1 Progress Reports and Invoices

For the duration of this contract, the Contractor shall submit monthly progress reports with the invoice to the Contracting Officer (CO) and the Contracting Officer’s Representative (COR).

The progress reports shall discuss any problems or other issues that have arisen during the performance of this contract and how those issues were addressed. It shall also indicate if the project is on schedule and, if not, the reasons for the delay. The progress report shall include the most current copy of the consultation table being maintained for the administrative record on behalf of Reclamation. The progress report shall include any proposed changes to the personnel that have occurred within the reporting period and if this change was approved by the CO (see Section 6.6).

5.2 Meeting Notes and Minutes

5.2.1 Within five (5) business days of participation in a planning or consultation meeting, teleconference, webinar, phone call, the Contractor shall submit the meeting minutes to the COR for review and inclusion in the administrative record. The COR will review the notes within five (5) business days of receipt and request any changes if necessary.

5.2.2 Within five (5) business days of receipt of the COR’s comments, the Contractor shall submit the revised minutes of the event. The COR will then provide all participants of a planning or consultation meeting, teleconference, webinar, or phone call with a copy of the minutes for review, comments and/or clarification. The COR will forward any substantive response or comment to the Contractor. Within five (5) business days of receipt of the comments or an email from the COR that no comments were received, the Contractor shall provide a final copy of the minutes and enter the consultation information into a consultation spreadsheet provided by Reclamation.

5.2.3 At a minimum, the Contractor shall include in the minutes a list of meeting or teleconference participants and their associated agency, organization, or tribe, the date of the meeting or call, bullet points of the issues discussed, and a list of action items that result from the discussions.

5.3 Programmatic Agreement

5.3.1 Within a month of award, the Contractor and COR shall meet to discuss an initial draft of the PA and the PA development timeline.

5.3.2 The COR will submit a preliminary draft of the PA, developed by Reclamation, for consultation with all of the consulting parties. The COR will provide the Contractor with all comments and requested revisions as they become available.

5.3.3 Within 12 months of award, the Contractor shall make any recommended revisions and submit a second draft of the PA to the COR for review as a Microsoft Word document along with a narrative discussing any comments that were not addressed. The COR will review the second draft and submit it for a second round of consultation with all of the consulting parties. The COR will provide the Contractor with all comments and requested revisions as they become available.

5.3.4 Within 18 months of award the Contractor shall make any recommended revisions and submit a third draft of the PA the COR for review as a Microsoft Word document along with a narrative discussing any comments that were not addressed. The revised draft of the PA shall also include a technical and grammatical review. The COR will review the third draft and submit it for a third round of consultation with all of the consulting parties.

The COR will provide the Contractor with all comments and requested revisions as they become available.

5.3.5 Within 23 months of award the Contractor shall make any recommended revisions and submit the fourth and final draft of the PA to the COR for review as a Microsoft Word document and a PDF along with a narrative discussing any comments that were not addressed.

6. PLACE OF PERFORMANCE

Per Section 2.1, it is expected that at least one staff member of the Contractor will travel to be in person for each of the tribal consultation meetings identified in Section 2.1.

These meetings are expected to occur in the capital city of the respective tribe, as identified in Appendix B. These meetings shall be grouped based on location to minimize travel and overnight stay. This is expected to include travel by vehicle to the following areas: South-Central Arizona (e.g., Sells, Maricopa, and Tucson); Northern Arizona (e.g., Prescott, Camp Verde, Payson, Peach Springs, Kykotsmovi, Supai, and Mohave Valley);

Eastern Arizona (e.g., San Carlos, Fort Apache, and Window Rock), and Western New Mexico (e.g., Zuni). The Government estimates that there will be a minimum of 14 overnight trips and 71 days of travel over the course of this contract. Otherwise, the place of performance is the Contractor’s facility.

7. PERFORMANCE REQUIREMENT SUMMARY

Performance Objective

Paragraph Number

Acceptable Quality Level

Method of Surveillance

Incentive/Disincentive

Contractor attends meetings, teleconferences, and phone calls

2.1, 2.24, 5.1-5.2, 7, Coordination with project consulting parties is professional and meets

NHPA, ACHP

and 512 DM-5 standards.

Contractor submits notes for review.

Incentive: Positive past performance evaluation.

Disincentive: Negative past performance evaluation.

Contractor’s personnel and methods meet professional standards.

2.3, 5.1, 6.1-6.7

Personnel meet or exceed qualifications.

COR reviews curriculum vitae of personnel prior to award.

Contractor reports any changes to Personnel.

Positive/Negative Past Performance Evaluation.

Contractor meets scheduling requirements

3, 5 Contractor completes project within time frame stipulated in the contract.

COR review of monthly progress reports.

Incentive: Positive past performance evaluation.

Disincentive: Negative past performance evaluation.

Draft and final deliverables are complete, professionally written, and submitted on schedule.

2.2-2.3, 3, 4, 5.1-5.3, Deliverables are complete and meet

NHPA, ACHP,

and 512 DM-5 standards.

COR reviews all deliverables prior to acceptance.

Incentive: Positive past performance evaluation.

Disincentive: Negative past performance evaluation.