Attachment_1_-_DRAFT_PWS_UteTrailTribalConsult_1.docx

PERFORMANCE WORK STATEMENT (PWS)

Ute Trail Tribal Consultation Workshop Bureau of Land Management Colorado State Office

Part 1

General Information

1. General: This is a non-personnel services contract to provide support to the Ute Trail Tibal Consultation Workshop. The Government shall not exercise any supervision or 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 non-personal services necessary to perform Tribal consultation and facilitation services 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 Ute Trail is a significant cultural resource that was a trail and travel corridor used prehistorically and historically by the Ute people. The Tribes have expressed their interest in Ute trails and "the importance of maintaining these heritage resources to keep them accessible and usable" (Ute Ethnohistory 2010). In 2015, through a partnership with the Dominquez Anthropological Research Group (DARG), the BLM was able to survey along the Ute Trail and document potentially associated cultural resources. During subsequent face-to-face consultation with the Ute Indian Tribe, the Southern Ute Indian Tribe, and the Ute Mountain Ute Tribe, they expressed the need for a workshop to discuss future management of this important resource. This project is in partnership with the three Ute Tribes, the BLM Colorado, and associated National Forest offices within Colorado as applicable. The Ute Trail is a vast resource that extends over hundreds of miles across much of Colorado; therefore, coordination with neighboring land management offices and agencies will be the most effective in the long-term management of this important resource. In August 2023, we had an initial workshop to begin discussion about the goals and objectives of the project and next steps.

1.3 Objectives: Workshop management support services result in an enhanced and continuing long-term relationship between the tribes of the Ute Trail (Ute Indian Tribe, Southern Ute Indian Tribe, Ute Mountain Ute Indian Tribe) and the Bureau of Land Management.

1.4 Scope: The Contractor will facilitate two coordination meetings and one or more tribal consultation workshops/field visits, which will include discussions on intellectual rights protection, data sharing, future actions mitigation, and future data needs. One coordination meeting will be to consult with Tribal representatives and determine where to have the workshop/field visits and coordinate logistics. The workshop(s) can consist of a mix of meeting days as well as field days with attendees. Since the Ute Trail resource is present across all of Colorado, locations of field visits to trail segments will be determined in the coordination and planning meeting by the Ute Tribal representatives. The second coordination meeting will be to follow up after the field visits to discuss the final report and next steps in the project.

1.5 Period of Performance: The period of performance shall begin on September 1, 2024 and conclude no later than October 1, 2026.

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 he assures himself that his work complies with the requirement of the contract. The Contractor or Contractor-designated supervisor shall be available to receive notices, reports, or requests from the COR at all times services are in progress.

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).

1.6.2.1 Safety: The contractor is responsible for providing and maintaining standard safety of participants during field visits.

1.6.2.2 Displaced Items: RESERVED

1.6.2.3 Unsafe Working Conditions: RESERVED

1.6.2.4 Climate Control: RESERVED

1.6.3 Recognized Holidays: The contractor may be required to work on federal holidays. Holiday work is subject to special DOL wage requirements for and FLSA non-exempt employees.

The government recognized the following holidays as identified by the Department of Labor at: https://www.opm.gov/frequently-asked-questions/pay-and-leave-faq/pay-administration/what-are-federal-holidays/#:~:text=Labor%20Day%20%28First%20Monday%20in%20September%29.%20Columbus%20Day,%28Fourth%20Thursday%20in%20November%29.%20Christmas%20Day%20%28December%2025%29.

Juneteenth National Independence Day

1.6.4 Hours of Operation: Hours of operation will be established for each event as coordinated by the COR. During the events as outlined in Part 5, the contractor shall provide a managerial point of contact whom shall respond to telephonic queries within two hours, 24 hours per day. Work schedules may include weekends and federal holidays.

Outside of scheduled events, the contractor shall respond to queries (telephonic or electronic) within three business days. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. The Contractor can expect to encounter Government employees working during the hours designated for work under this Contract.

1.6.5 Place of Performance: The work to be performed under this contract will be performed throughout Colorado on or in the vicinity of BLM managed lands and facilities.

1.6.6 Type of Contract: The government will award a commercial firm-fixed-price purchase order pursuant to FAR 13 subject evaluation of price and other factors to include past performance and technical factors (see provision FAR 52.212-2).

1.6.7 Security Requirements: A security clearance is not a requirement for access to the Federal facilities; however, access is incumbent on contractor employees passing required background checks for entry to federal facilities, where applicable.

1.6.7.1 PHYSICAL Security: RESERVED

1.6.7.2 Key Control. RESERVED

1.6.7.3 Lock Combinations. RESERVED

1.6.7.4 Requirements for Background Checks. RESERVED

1.6.7.4 Employee Roster. Contractor shall submit to the COR a roster of all employees performing the work under this Contract. Fifteen (15) calendar days prior of any change to the Contractor work force (temporary or permanent), the Contractor shall submit to the COR a legible revised version of the employee roster. The original and all submitted revisions shall remain on file with the COR. Only employees named on the most current roster the COR has on file will be permitted on Federal Installations.

1.6.7.4.1 The Government reserves the right to refuse any contractor employees recommended or referred by the Contractor.

1.6.7.4.2 Contractor personnel terminations, resignations, and reassignments must be reported prior to the next day of performance with an associated rationale. The contractor shall issue a formal notification to the COR of any new employees subject to performance under this contract no later than 15 business days prior to the employees arrival.

1.6.7.5 The Contractor and its employees shall occupy only those grounds and facilities identified herein solely to perform the work under this contract.

1.6.8 Special Qualifications: RESERVED

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 follow personnel are considered key personnel by the government:

Contracting Officer (Government):

Robert Hall

(402) 968-4835 rhall@blm.gov

Contracting Specialist (Government):

Courtni Stickland 303-916-0211 c1strickland@blm.gov

Contracting Officer’s Representative (COR) (Government):

Natalie Clark Deputy Preservation Officer/ BLM CO State Archaeologist

(970) 244-3038 nfclark@blm.gov

Subject Matter Expert/Advisor:

Erin Leifeld BLM Colorado Tribal Liaison Officer

(970) 876-9077 (O); 303-941-1616 (C) eleifeld@blm.gov

The contractor shall provide a contract or project 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 08:30AM MT to 04:30PM MT, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Changes to key personnel shall be communicated to the contracting officer in writing and are subject to approval.

Qualifications for all key personnel are listed below:

· The Contractor will furnish qualified personnel (See 43 CFR 7.8 and BLM Manual 8150.2) and is responsible for assisting in coordinating with Tribes and agency personnel for the workshop and field visits.

· The contractor will have past experience working with Native American Tribal Nations, specifically the three Ute Indian Tribes; the Ute Indian Tribe of the Uintah and Ouray Reservation, the Southern Ute Indian Tribe, and the Ute Mountain Ute Tribe.

Supervision of contractor employees shall be the sole responsibility of the Contractor. Any Contract employee problems in performance, attendance, or other personal problems shall be referred to the Contract Manager through the COR.

All personnel furnished by the Contractor shall be fully qualified for the services they are assigned. If any services performed by an individual do not conform to the contract requirements, or jeopardize successful performance of the contract, the BLM may require the Contractor to immediately remove the individual from the contract at no additional cost to the Government. The Contractor shall conduct only business covered by this contract during period paid for by the Government and shall not conduct any other business on Government premises. Contractor employees assigned to this contract shall not solicit business that may be within the scope of this contract.

Contractor employees shall display a professional appearance and behavior. Employees may not solicit nor received direct awards from the government or tribal officers.

1.6.12 Identification of Contractor Employees: All contractor employees 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. Contractors attending government functions shall wear identifying materials (nametag, or contractor uniform) to easily identify the individual as a non-governmental employee. 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. All contractor travel requires advanced approval by the contracting officer. Travel costs, when authorized shall be limited to the reimbursement of costs that are directly allocable to the performance requirement and allowable to the maximums of the Joint Travel Regulation.

1.6.14 Other Direct Costs. NOT APPLICABLE.

1.6.15 Data Rights. The government retains data rights as determined appropriate by the Tribes to materials recordings, transcripts, reports, and all other intellectual property associated with performance under this contract. The contractor shall safeguard all information, provide copies upon request, and destroy documents only at the direction of the COR or Contracting Officer.

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 effect 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 . RESERVED.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

AREA. The building or work area where the work is to be performed.

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.

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.

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.

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

DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

ENVIRONMENTALLY PREFERABLE PURCHASING. The EPA recommendations of Specifications, Standards, and Ecolabels help federal purchasers identify and procure environmentally preferable products and services. Federal purchasers are directed in Executive Order 14057 on Catalyzing American Clean Energy Industries and Jobs through Federal Sustainability and the Federal Sustainability Plan to procure products and services meeting the Recommendations to meet net-zero emissions and other procurement goals.

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.

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

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

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

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

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

WORK DAY. Subject to the terms as included by local, state, and federal labor law. Unless otherwise prohibited or modify shall mean, 9:00 AM MT to 4:00 PM MT including all lunch and rest periods. Modified only through supplemental agreement between the contractor and the contracting officer.

WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS: [List all acronyms used in the PWS and what they represent. At a minimum, insert the acronyms provided below].

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services. The BLM Colorado Tribal Liaison Officer (TLO) will be available to answer questions, provide data, and help facilitate coordination with the Ute Tribal representatives and agency partners.

3.2 Facilities. The Government may provide, at the COR’s discretion, access to federal facilities within the government’s control. The contractor shall not utilize any provided space for any materials or equipment not expressly authorized by the COR subject to this paragraph. The contractor is responsible for the cleanliness and storage of any designated federal facilities at no additional cost to the government. Stored items must me maintained in an orderly manner and avoid blocking access to electrical service distribution panels, fire extinguishers, heating and cooling components and control panels, entryways, egress points, and any Government property that may be stored in this area. The Contractor shall not store gasoline or gasoline-powered equipment in any of the storage rooms.

3.3 Utilities. The Government may provide, at the COR’s discretion, access to federal facilities within the government’s control. The contractor shall not utilize any provided space for any materials or equipment not expressly authorized by the COR subject to this paragraph.

3.4 Equipment. The Government may provide, at the COR’s discretion, access to federal equipment while retaining title and physical accountability within the government’s control. The contractor shall not utilize any provided equipment for any purpose not expressly authorized by the COR subject to this paragraph.

3.5 Material. The COR will provide necessary cultural files to support the contractors information requirements. The contractor will return or destroy any provided files at the COR’s direction upon completion of performance.

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. Materials. The Contractor shall provide all materials to accomplish the specified tasks as outlined in Section 5. The contractor shall comply with Environmentally Preferable Purchasing Requirements as established in the terms and conditions of this document. The contractor shall reference the following website to ensure all cleaning products comply with program requirements.

https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing

4.3. Equipment. The Contractor shall provide all equipment to accomplish the specified tasks as outlined in Section 5. The contractor shall comply with Environmentally Preferable Purchasing, Sustainable, and Energy Efficiency Requirements as established in the terms and conditions of this document wherever possible.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services.

The project will be to facilitate tribal consultation and an in-person workshop. There will be one planning meeting before the workshop to go over projects goals and objectives as well as determine where the field visit will take place and finalize logistics. The Contractor will facilitate one or more tribal consultation workshop/field visits, which will include discussions on intellectual rights protection, data sharing, future actions mitigation, and future data needs. The workshop can consist of a mix of meeting days as well as field days with attendees. Since the Ute Trail resource is present across all of Colorado, locations of field visits to trail segments will be determined in the coordination and planning meeting by the Ute Tribal representatives. The second planning meeting after the workshop will summarize information from this field work and data collection and determine next steps for the project. We will review the final report virtually.

5.2 Administrative Requirements.

The Contractor shall show competencies in complying with Appendix II Professional Qualifications: Ethnography in the National Park Service (NPS) National Register Bulletin #38: Guidelines for Evaluating and Documenting Traditional Cultural Properties.

5.2.1 Event Summary Report.

The selected Contractor will complete a summary report of the results of the workshop and meetings. The report will detail specific interpretation and management recommendations of Tribes for the Ute Trail, as well as general Ute trail interpretation and management recommendations made by the Tribe(s). The report will include recommendations and action items for BLM for the next steps in the project.

Frequency: Provided by the end of the contract deadline.

5.2.2 Certified Employee Time Records.

The Contractor shall maintain certified employee time records for the life of the contract. The records shall consist of a daily time log for each employee (utilizing the contractors labor reporting system, or a manual record). The log shall be validated and certified as correct by each employee and the On-Site Supervisor. The time records for the period covered by an invoice shall be submitted with the invoice. Wages and fringe benefits shall be in accordance with the DOL wage determination incorporated as an attachment to this contract.

Frequency: At the time of invoice

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS) (If applicable): (In this section list any publications, manuals, and/or regulations that the contractor must abide by. See example provided below.)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. (For example, insert AR 25-2, AR 530-1.)

The Contractor shall show competencies in complying with Appendix II Professional Qualifications: Ethnography in the National Park Service (NPS) National Register Bulletin #38: Guidelines for Evaluating and Documenting Traditional Cultural Properties.

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment/Technical Exhibit List:

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

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

7.3 Attachment 3/Technical Exhibit 3 – Estimated Workload Data

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 (The Service required—usually a shall statement)

Method of Surveillance

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

1 electronic copy

PDF Document

Distribute to all entries of paragraph 1.6.11

PDF Document

IPP-S

PDF Document

Distribute to Subject Matter Expert (SME) and Tribal Representatives only. SME will communicate final deliverables are acceptable to all entries of paragraph 1.6.11

TECHNICAL EXHIBIT 3

ESTIMATED WORKLOAD DATA