Attachment_1_-_Performance_Work_Statement.pdf

Performance Work Statement (PWS) Environmental Consulting Services (ECS)

Indefinite Delivery Indefinite Quantity (IDIQ) Contract

A. Background

In 2014, the Secretary of the Interior approved Secretarial Order No. 3334 – Restructuring the Bureau of Indian Education, which aims to realign Indian Affairs (IA) administrative support functions to achieve the highest levels of organizational efficiency and effectiveness and to promote education reforms by redesigning and restructuring the Bureau of Indian Education (BIE) into an innovative organization that will improve operations for both tribally controlled and Bureau operated schools (BOS) and promote tribal self-governance and self-determination.

In February 2016, the BIE began executing its approved reform and realignment, which included the establishment of a BIE School Operations, Division of Facilities and Safety Management that consists of the following: Branch of Facilities Management, Branch of Safety Management, Branch of Environmental Management, and Branch of Property Management.

As of October 1, 2022, oversight of Environmental Program requirements for the 183 BIE funded schools was transferred from the Bureau of Indian Affairs (BIA) to the BIE Branch of Environmental Management (BEM). The BEM is comprised of Environmental Protection Specialists and Program Support staff at our Central Office location in Albuquerque NM, as well as our three field offices in Bloomington, MN, Window Rock / Gallup, NM, and Phoenix, AZ.

The objective of the BEM is to provide an environmentally safe and stable platform to support the education mission for staff and students in Indian Country. The purpose of this contract is to assist BEM with the efficient and effective development and implementation of a revitalized Environmental Program that will provide the framework for achieving BEM’s objective. This effort provides the Contractor an opportunity to propose new and creative strategies for achieving and maintaining compliance in a developing program that services schools across the nation.

The scope of this effort is limited to within the boundaries of the schools. There are currently 183 Bureau-funded elementary and secondary schools. Of these, approximately 53 are BOS and 130 are tribally controlled schools (TCS). Two of these schools are postsecondary institutions:

Haskell Indian Nations University (HINU) and Southwestern Indian Polytechnic Institute (SIPI).

Through the course of this contract, the Contractor will perform work that directly influences BIE’s conformance with Federal, State, Tribal, and local regulations, as well as Department of Interior and Indian Affairs Policies and Executive Orders. Since the work product of this contract will provide critical information and tools that will be used by BIE to identify, track, mitigate, report, and prevent hazards and environmental compliance risks at BIE schools, high quality and timely performance is expected.

B. Period of Performance (POP)

Base Year: 6/15/2023 – 6/14/2024 Option Year 1: 6/15/2024 – 6/14/2025 Option Year 2: 6/15/2025 – 6/14/2026

C. Place of Performance

Location will be identified on individual Task Order (TO).

D. Scope

The purpose of this acquisition is to award a single Indefinite Delivery Indefinite Quantity (IDIQ) contract to provide environmental consulting services as needed.

The Government’s individual requirements at the TO level may be described in Performance Work Statements (PWS) or Statements of Work (SOW). Individual TOs may be awarded on a Labor Hour (LH), Firm Fixed Price (FFP), or hybrid LH/FFP basis.

The following services are to be provided and will be further defined by individual TOs.

Environmental Management Systems

It is the policy of Indian Affairs to implement and maintain an Environmental Management System (EMS) as the primary management approach for IA operations and activities; comply with all applicable Federal, State, local and Tribal environmental laws and regulations;

implement sustainable practices for energy efficiency, greenhouse gas emission reduction, renewable energy, water conservation, pollution and waste minimization, recycling, reduction or elimination of use of toxic or hazardous chemicals, petroleum-use reduction, and green purchasing among others; and integrate environmental, economic, and social considerations into mission activities to create sustainable, continuously improving and efficient operations (59 IAM Chapter 1). This policy applies to all IA Headquarters, Program, and field staff, and the operations and activities under the authority of the Assistant Secretary - Indian Affairs; including programs operated by federally recognized Tribal governments and organizations at IA owned property. The intent of this contract is to support development and implementation of these policy requirements for BIE School Operations.

The Environmental Management System (EMS) Handbook is a document used to ensure that an ISO 14001 and ISO 14004 (or similar recognized best management practice) framework is followed to manage all environmental programs, as well as environmental objectives, targets, aspects, and impacts associated with BIE operations, in accordance with (IAW) BIE’s Environmental Policy. Following development, the EMS Handbook and its eventual prescribed procedures will be used in the administration of this contract. Once implemented, the EMS manual will detail how the Contractor will conduct environmental business and measure environmental performance. In the interim, requirements will be established in the individual TOs.

The Contractor shall perform work under this contract consistent with BIE’s Environmental Policy, goals, targets, and objectives as identified in the BIE’s environmental management system (EMS) or individual TO, as applicable. The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by the EMS and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, sustainability, and related program management goals. Work shall support continual improvement of the EMS, to maximize efficiency and effectiveness while delivering excellent services and customer experiences.

The Contractor shall provide all services, support, and expertise required to support the development and implementation of an effective and efficient EMS at all levels of BIE as required. Such support may include a variety of EMS-related services, including but not limited to the following:

• Development and implementation of EMS tools (e.g., complex SharePoint sites, databases, other web-based solutions, dashboards, process tracking, inspection tracking, issue tracking, milestones, timelines, calendars, action plans, checklists, technical libraries and resource center, etc.) compatible with existing IA systems

• Development of the BIE EMS Written Program [e.g., EMS Handbook designed IAW ISO 14001 and ISO 14004 framework (or similar recognized best management practice)]

• Generation of specific EMS guidance (e.g., drafting instructions and standard operating procedures for environmental subject matter areas and implementation and tracking tools)

• Development and implementation of training related to EMS, EMS tools, operational controls and management plans, policies, standard operating procedures, compliance programs and plans, etc.

• EMS cross-functional team and management review facilitation and training

• Environmental aspect and impact identification, prioritization, and training

• Development of environmental objectives, targets, and action plans

• Requirement identification, tracking, issue spotting, and compliance reporting

• Development and implementation of EMS data management processes and controlled document procedures

• EMS information management support, tracking, and reporting

• Compliance task tracking and process management

• Development and implementation of project review and approval processes

• Environmental performance and readiness measuring, tracking, auditing, and reporting

• Identification, tracking, resolution, and reporting of environmental incidents, non-conformities and other hazards or risks (e.g., spills, releases, permit deviations, notices of violation, performance deviation)

• Internal audit and continual improvement facilitation and training

• Conducting EMS conformance and compliance self-assessments

• External audit support

• Meeting support, including teleconference calls, DCSs, VTCs, and face-to-face meetings

• Data collection, records management, reporting, and communication

• Draft Indian Affairs Manual, Handbook, and Guidebook revisions and updates

• General environmental information management consulting

Compliance and Environmental Program Studies and Support

The Contractor may be required to execute and/or support a wide range of studies, evaluations, and field work activities under this contract that are common to one or more environmental programs. The intent of the work is to advance the protection and human health, welfare and the environment and assist BIE in monitoring and measuring environmental compliance performance (59 IAM Chapter 2). The actual degree of support, technical assistance, or administration of tasks associated with any particular study or evaluation will depend on specific TO requirements. Technical support for Compliance Programs that may be required under this contract may include, but are not limited to: conducting and providing support for comprehensive on-site multimedia environmental/health and/or safety compliance assessments, audits, surveys, and reports (e.g., Environmental Management Audit Program (EMAP), EMS, and sustainability audits); updating audit handbooks; providing automated report generating capabilities for audits (e.g., use of tablets in the field that can export a formatted report);

interpreting sample analysis (lead-based paint, asbestos, PCBs, air, water, wastewater, soil, sediment, mold, etc.) and providing associated guidance; support the BIE in the development of required regulatory documents (permit applications, storm water pollution prevention plans, air emission inventories, greenhouse gas inventories and calculations, etc.); providing pesticide, asbestos, POL, refrigerant management guidance; ambient air program support (including air emissions inventory assessments, permit writing, pollution prevention assessments, etc.); indoor air quality support; collecting and compiling regulated equipment inventories; performing wastewater treatment surveys and assist with the review and preparation of NPDES discharge permit applications; assisting with applicability determinations; conducting an analysis of BIE’s environmental compliance posture in all environmental compliance areas; compliance gap analyses; proposing solutions to reduce or eliminate the BIE’s vulnerability to an enforcement action; identifying resources needed at the school level to achieve/maintain compliance; and assist with the development/update of operations manuals, standard operating procedures, databases, and web-based issue tracking solutions; support data calls, inspections, and audits.

As part of Compliance Program support, the Contractor may be tasked to support all aspects of Hazardous Materials, Hazardous Waste, Solid Waste, and asbestos management including, but not limited to: data collection and management; inventory of hazardous wastes and materials;

associated reporting; compatible storage reviews and guidance; preparing site-specific Spill Prevention Control and Countermeasures Plans; Risk Management Planning/Plans; waste characterization and profiling; waste generator category determinations; guidance on waste packaging, handling, and temporary management of certain wastes and materials; recycling, reuse, and composting of waste and materials; developing site-specific hazardous material/waste management/minimization plans and procedures; developing comprehensive recycling programs;

conducting AHERA compliance evaluations; developing plans and procedures required to comply with SARA Title III, EPCRA, and other emergency response planning requirements; and preparing annual Tier II Reports and Toxic Release Inventories (Form R).

The Contractor may also be required to provide support for the Environmental Programs, to include but not limited to: program analyses, procedure review and revision, process improvement, strategic planning, coordination of efforts with other BIE/BIA organizations, financial assistance/management support services and deliverables in support of environmental liability audit readiness assertion, metrics development and tracking, regulatory records reviews and planning; organizational change management, scheduling, program implementation, program requirements development and oversight support, drafting briefing papers, stakeholder engagement, creating engaging training and other educational materials, and conducting or facilitating training presentations and community/stakeholder meetings. The Contractor may develop reports, exhibits, brochures, videos, and artwork to support customer efforts at education in these areas. The Contractor may be tasked to provide the full range of support and deliverables for environmental program functional areas.

Depending on specific TOs, the Contractor may be required to provide technical support to update, revise, or generate compliance assessment protocol criteria and manuals based on the current Federal/State/local/Tribal laws and regulations and Department of Interior and Indian Affairs Policy. As part of compliance support, the Contractor may be required to train BIE and school personnel concerning environmental compliance, natural resources, cultural resources, pollution prevention, hazardous materials/waste management, auditing, and other compliance requirements.

Aspects of this work will require on-site Contractor support.

Environmental Training

The Contractor may be tasked to develop and provide comprehensive environmental training to BIE and school staff to educate and promote awareness of environmentally sound operations, pollution prevention and sustainable practices (59 IAM Chapter 2). Training may including, but is not limited to: AHERA asbestos awareness and designated person training; initial and refresher HAZWOPER training; hazardous waste awareness training; training for personnel handling petroleum products as required by Spill Prevention, Countermeasure, and Control Plans; training for underground storage tank operators as required by the Energy Policy Act 2005; training in the BIE Environmental Management System written program and implementation tools; Locations of Concern (LOC), Environmental and Disposal Liabilities (EDL), and Due Care training; integrated pest management training; NEPA/Natural/Cultural Resources training; and sustainability and pollution prevention training. The Contractor will establish training schedules that provide multiple opportunities for staff to participate in regulatory required training within compliance timeframes. While most training will be accomplished via or computer-based/computer-aided training or webinars, training may be requested for in-person classroom courses, workshops, seminars, or recorded video trainings.

Detailed attendance tracking, recording, and reporting will be required for all training activities.

The Contractor may be tasked to create training and other educational materials; develop innovative ways to improve attendance and reach the target audience; conduct presentations at community/stakeholder meetings; develop guidance documents, articles, exhibits, brochures, videos, fliers, and artwork to support customer efforts at education; develop and maintain technical libraries and resource centers, websites, and support for environmental program execution, conferences, training charrettes/workshops, and seminars to meet the objectives of any TO issued under this contract.

National Environmental Policy Act (NEPA) Studies

It is the policy of Indian Affairs to consider the environmental effects of its actions by conducting appropriate environmental reviews; accounting for this review by preparing the appropriate environmental documents; taking appropriate steps to ensure negative environmental effects are prevented, minimized, or mitigated whenever possible; monitoring for and assessing the effectiveness of mitigation measures identified to mitigate adverse environmental impacts;

periodically reviewing the list of categorically excluded actions and determine their continued applicability (59 IAM Chapter 3).

The Contractor may be required to execute and/or support a wide range of studies, evaluations, and field work activities under this contract that are common to one or more environmental programs. The actual degree of support, technical assistance, or administration of tasks associated with any particular study or evaluation will depend on specific TO requirements.

Technical support for NEPA that may be required under this contract may include, but are not limited to: reviewing and developing NEPA procedures; implementing cultural resource program elements; conducting NEPA applicability determinations; analyzing land use proposals and plans; attending and participating at NEPA report on-board reviews; preparing for, conducting and/or participation in public hearings/scoping/community/stakeholder meetings; assisting with activities for keeping the public informed of NEPA actions; synopsis of public comments;

provide recommendations for mitigation or avoidance measures; and coordinate with BIA, as needed to accomplish specific TO requirements.

The Contractor may be required to provide technical support for preparation, review and/or distribution of NEPA documents to include, but not be limited to: Environmental Impact Statements (EISs); Supplemental Environmental Impact Statements (SEISs); Programmatic EISs; Environmental Assessments (EAs); Abbreviated EAs; EA Waivers; Environmental Baseline Surveys (EBS's); Categorical Exclusions; records of Environmental Consideration (RECs); Description of the Proposed Action and Alternatives; Finding of No Practical Alternative (FONPA); Records of Decision (RODs); Findings of No Significant Impact (FONSIs); Notices of Intent (NOIs); briefings for Department of Interior and Indian Affairs reviews; and/or other documentation supporting NEPA projects and documents.

The Contractor shall utilize a multi-disciplinary team approach in conducting all NEPA studies/investigations. The multi-disciplinary team shall be composed of personnel trained in the environmental, natural, and cultural resource sciences, as applicable, and experienced with NEPA protocol and requirements. All document preparation and procedures will be conducted

IAW NEPA and applicable Federal regulations and Tribal requirements. The Contractor shall only directly coordinate with any Federal/State agency when prior government permission has been obtained. The Contractor may develop reports, exhibits, brochures, videos, and artwork to support customer efforts at education in these areas. The Contractor will not initiate Tribal consultation activities, State and Tribal Historic Preservation Officer (SHPO and THPO) communications/coordination efforts, sign decision documents, or perform any other requirements that are inherently governmental in nature.

Environmental Studies and Investigations

The Contractor may be required to execute and/or support a wide range of studies, evaluations, and field work activities under this contract that are common to one or more environmental programs. The actual degree of support, technical assistance, or administration of tasks associated with any particular study or evaluation will depend on specific TO requirements.

Studies and evaluations that may be required under this contract include, but are not limited to:

environmental investigation/site characterizations; environmental impact analyses and documentation; environmental baseline studies; ambient air quality studies, inventories, evaluations, and calculations; historical/records searches; interviews; permit applications and modifications; public health evaluations; risk assessments; ecological assessments; wetland determinations; hydrological studies; review of water and wastewater system corrective actions and improvements; review of Phase I and II preliminary site assessments, environmental due care and location of concern (LOC) environmental and disposal liability (EDL) investigations, reviews, and audits; evaluation of pesticide use/application and integrated pest management strategies; evaluation of regulated bulk storage activities; fate and transport analysis;

treatability/compatibility studies; regulatory permit preparation and reviews, documentation, and monitoring; facility (e.g. new school construction and major renovation) and utility system design reviews; transfer of non-spatial and spatial data into Department of Interior, Indian Affairs, BIA, or BIE accepted databases; and regulatory/guidance determinations. The Contractor may be required to conduct other special sustainability, climate change impact, environmental justice, economic, social, recreational, or general studies in support of ongoing environmental evaluations or energy and water resources/facility conservation planning and improvements.

The Contractor may be required to perform a wide array of field activities, field surveys, and site visits that may include, but are not limited to: analysis of environmental media to include, but not limited to soil, sediment, air, and various water sampling; sample collection and analysis (mold, lead-based paint, asbestos, PCBs, air, water, wastewater, soil, sediment, etc.); evaluation of equipment and instrumentation installation; support to engineering and remediation services;

participation in public meetings; monitoring for process control; waste classification and handling; and waste disposal coordination.

Contract deliverables for investigations may include, but are not limited to: work plans and supporting plans/documents; management plans; pre-design reports (survey reports, strategy papers, and conceptual planning documents); technical findings reports; environmental design reports; databases; web-based solutions (e.g., SharePoint sites); briefing papers; training and other educational materials; training presentations; community/stakeholder meetings; and logs, maps, drawings, and sketches. The Contractor may develop reports, exhibits, brochures, videos, and artwork to support customer efforts at education in these areas. Deliverables shall meet all Federal and State requirements for quality and technical expertise requirements, including any accreditation or registration requirements. Data validation and analysis and interpretation of data will be performed as appropriate to accomplish the intent of individual TOs.

The Contractor shall field the appropriate qualified personnel for the specific environmental studies assigned. The Contractor shall prepare plans/work plans and meet all permits/certifications requirements consistent with Federal, State, local, and Tribal regulatory agencies prior to performing various field investigations and activities.

Pollution Prevention and Sustainability

The Contractor may be tasked to conduct pollution prevention activities including, but not limited to: sustainability data collection, evaluations, and reporting; energy and water use intensity calculations; developing pollution prevention and waste minimization plans; inventory for hazardous materials and municipal solid waste streams; collecting waste generation and diversion data, conducting pollution prevention opportunity assessments; identifying feasible alternatives to single use plastics; evaluating the economics and technical feasibility of process changes and recycling alternatives; assisting with planning and implementing recycling activities; creating databases to track progress in achieving each stated pollution prevention and sustainability goals; conducting Sustainability and Pollution Prevention Baseline Surveys;

conducting an analysis of BIE’s compliance posture; proposing pollution prevention solutions to reduce or eliminate BIE’s vulnerability to an enforcement action; and developing and implementing training and educational materials.

Natural Resources Studies

The Contractor may be required to execute and/or support a wide range of studies, evaluations, and field work activities under this contract that are common to one or more environmental programs. The actual degree of support, technical assistance, or administration of tasks associated with any particular study or evaluation will depend on specific TO requirements.

Technical support for Natural Resources that may be required under this contract may include, but are not limited to: review and develop procedures; implement natural resource program elements; conduct applicability determinations; review, revise, amend, or assist in the data preparation for reports and plans for natural resources work including, but not necessarily limited to, the following types of tasks: threatened and endangered species determinations based on existing data/reports and/or field surveys; review of wetlands and floodplains and identification of associated requirements/activity restriction to prevent impact; fish and wildlife resource and procedure reviews to ensure BIE activities do not result in illegal take; identify permitting requirements; development of Natural Resource Management Plans, Landscape Management Plans, and Integrated Pest Management Plans; review of environmental monitoring requirements during/after construction; coordination with BIA biologist and natural resources staff;

coordination with Federal, State, Tribal, and local regulatory agencies; and other natural resource investigations.

The Contractor may also be tasked to evaluate Natural Resources compliance of all known BIE activities. The Contractor will coordinate with Indian Affairs staff to stay cognizant of BIE activities with the greatest potential for natural resources damage or impacts. The Contractor may provide guidance on site monitoring operations to safeguard wetlands, storm water, listed species and sensitive habitats, and may help train BIE, school staff, and others to understand potential natural resources impacts and how to avoid or minimize those impacts. The Contractor may develop reports, exhibits, brochures, videos, and artwork to support customer efforts at education in these areas. In any of these studies, the Contractor may be required to use a team composed of diverse disciplines or provide technical expert(s) to coordinate with a Government team, including coordination with BIA, as needed to accomplish specific TO requirements. The Contractor will assure that the appropriate qualified personnel are utilized to comply with the requirements of each TO.

Cultural Resources Studies

It is the policy of Indian Affairs to ensure that, prior to approving or expending funds on a proposed Federal undertaking, IA takes into account the effect the undertaking may have on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register or Historic Places; manages the historic resources it owns; protects the archaeological resources on Trust lands; and enforces the prohibition against excavating, removing, or damaging archaeological resources on Indian Trust lands without a permit issued by IA (59 IAM Chapter 8).

The Contractor may be required to execute and/or support a wide range of studies, evaluations, and field work activities under this contract that are common to one or more environmental programs. The actual degree of support, technical assistance, or administration of tasks associated with any particular study or evaluation will depend on specific TO requirements.

Technical support for Cultural Resources that may be required under this contract may include, but are not limited to: architectural inventories; Historic American Building Survey/Historic Architecture Engineering Record (HABS/HAER) documentation and evaluation; development of historic contexts, overviews, reports, and publications; review of archeological inventories; site evaluation; development of reports, exhibits, brochures, videos, and artwork to support customer efforts at public education in the areas of history and cultural resources; literature reviews;

historic preservation and cultural resource management plans; mitigation plans; ethno- historical documentation, obtaining (i.e. conducting field work), and reviewing all data, documents, and records relative to the preparation of cultural resource reports and management plans covering submerged, archaeological (prehistoric), historical, traditional, and paleontological resources on the site and those resources outside the boundaries of the site that might be affected by BIE activities; reviewing the National Register of Historic Places; preparation of nominations for the National Register of Historic Places; support consultation with Tribes, SHPOs, and THPOs; and coordination with BIA, as needed to accomplish specific TO requirements.

Unless otherwise directed, all work shall conform to the standards published as Archeology and Historic Preservation; Secretary of the Interiors Standards and Guideline (Federal Register, Volume 48, Number 190). The Contractor shall also adhere to published guidelines, regulations, and instructions of the applicable service. All personnel assigned to cultural resource projects shall meet the personnel standards published in the Secretary of the Interior's Standards and Guidelines. In addition, all archeologists at the crew chief level or above shall meet standards for Archeological Resources Protection Act permit applicants published in 43 CFR Part 7.8. All documents, field notes, photographs, illustrations, recordings, videotapes, etc. produced in support, or as part of cultural resource requirements initiated under this contract are considered part of the cultural resource record and will be curated IAW 36 CFR Part 79, Curation of Federally Owned and Administered Archeological Collections.

Geographic Information Systems (GIS) Support

The Contractor may be tasked to provide support for collection and maintenance of environmental compliance related GIS data to support environmental compliance impact assessments, planning, and management for all environmental compliance related program areas.

This support may include field collection, as well as data entry and database development, management, and operation, and coordination with BIA, as needed to accomplish specific TO requirements. The Contractor shall ensure that all spatial data collected pursuant to this contract is compatible with the applicable geo-spatial data standards of Indian Affairs.

The Contractor may be required to provide, depending on the particular scope of work contained in any individual TO, digital map layers, both raster and vector, of various themes registered to a Government defined map coordinate system; digital geo-rectified multi-spectral satellite imagery; E-size color electrostatic hard-copy maps of any digital map layer; scanning and vectorization of color hard-copy map products into compatible digital file formats; digitization of hard-copy map products into compatible digital file formats; input, geo-rectification, and analysis of digital satellite imagery from Land-sat and SPOT satellites (analysis techniques to include edge-enhancement filtering, band-ratio analysis, principle component analysis, vegetative indices analysis, fast fourier transformations, and basic unsupervised and supervised classification techniques); input and analysis of digital aerial photographs; full-functionality GIS capabilities in both raster and vector environments (to include buffering, overlay, Boolean analysis, three dimensional surface representation, volumetric calculation, slope and aspect analysis); Remote Sensing capabilities in the raster environment; and the ability to provide digital copies of all work in technologically current GIS formats. The Contractor may be tasked to evaluate the potential for integrating or connecting GIS data to other Indian Affairs systems, sites or tools, and proposing an associated solution to achieve the objective of the TO.

Any or all of the described work efforts may be required during the period of this contract. The Contractor, in performing these tasks, shall adhere to specific data dictionary, file format, and media guidelines supplied by the Government for each individual TO. All satellite data and other digital data acquired, generated, or otherwise obtained for any work effort under this contract shall become the property of the Government and will not be used for other projects without the written permission of the BIE CO or COR. For any given TO involving GIS or Remote Sensing technology, the Contractor shall be required to supply a written record of all digital data to include scales and sources of all maps used, as well as a written step-by-step record of procedures used in the tasks (including dates, operator names, program and command names). A regular summary (to be determined on a TO basis) of work activities relating to GIS and Remote Sensing tasks, including the fore-mentioned written records, shall be maintained and supplied to the BIE. A duplicate digital copy of all GIS and Remote Sensing files will be maintained and stored in an off-site facility from the facilities where the originals are housed. The separate storage of copies is a safety measure to protect the results of studies from destruction.

E. Performance Objectives

The Contractor is responsible for providing qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organizational and administrative controls necessary to ensure that the work delivered meets contract specifications and requirements.

The Government reserves the right, during the life of the resulting contract, to request work histories on any contractor employee for the purpose of verifying compliance with the contract requirements. If the Contracting Officer questions the qualification or competencies of any personnel performing under this PWS, the burden of proof to sustain that the candidate is qualified, as prescribed herein, shall rest with the Contractor.

Labor categories and descriptions are stated in Attachment 2 – Position Descriptions. Positions may have multiple levels associated with one position to cover different job duties, responsibilities, and salary requirements.

F. Personnel - Skills and Knowledge

The Contractor shall provide qualified personnel with relevant experience and domain knowledge in line with this performance work statement, in terms of necessary skills at the requisite level of knowledge, experience, and ability. Broadly, all mid and senior level disciplines should have or be able to obtain appropriate certification or registration appropriate to their professional field of endeavor. If the Contractor is providing on-site support services, the Contractor may be required to provide suitably registered or certified personnel for applicable tasks in specific TOs.

The work history of each Contractor employee must contain experience directly related to the tasks and functions he/she is intended to perform under this contract. Personnel assigned to, or utilized by, the Contractor in performance of work, shall be fully capable of performing the contemplated functions of the respective labor categories in an efficient, reliable, and professional manner. Personnel assigned to or utilized by the Contractor in the performance of this contract shall, as a minimum, be a United States Citizen, meet the experience, education, or other background requirements set forth in the job description. Resumes may be required to confirm the acceptability and availability of all proposed personnel.

G. Deliverables

The Contractor is required to provide the following deliverables:

Deliverable Description Schedule Quality Control Plan

Plan documenting quality controls incumbent on the contractor, to assure that the service conforms to contractual requirements

30 days after contract award

Progress Report High-level summary report of activities performed in support of issued TOs; accomplishments; completed milestones/tasks;

project schedule for each TO with milestones, target dates, and progress; challenges; non-compliance or other program deficiencies observed and recommended solutions; resources needed to support work on TOs; opportunities to improve processes and service to schools.

Quarterly, following contract award date

Progress Meeting

Virtual meeting with the Project Manager and key personnel assigned to the issued TOs to review the content of the Quarterly Reports with BIE BEM staff and management.

Quarterly, 5 business days after submittal of quarterly report to BIE

Annual Report and Review Meeting

Annual report that rolls up all of the quarterly reports into a single report for the contract year. Provide lessons learned, closing comments, and way ahead for the next year, including recommended goals with milestones to continue the development and implementation of the program in the context of the issued TOs.

Within 15 business days of annual period of performance end date

Additional deliverables may be included at the TO level.

H. Quality Assurance

The Government will provide a Quality Assurance Surveillance Plan (QASP) to monitor the Contractor’s performance. The QASP will provide oversight guidelines to ensure that service levels reach and maintain the required levels for performance of this task. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the required Past Performance Information Assessments. The QASP is a living document and may be updated by the Government as necessary. Any updates to the QASP will be provided to the Contractor.

I. Regulatory Compliance and Guidance

The investigations, studies, and reports will pertain to the following, but not limited to the planning, construction, operations, and maintenance of the BIE projects; activities in support of other Government agencies; and Federal and State regulatory compliance. These studies and reports will be carried out in full accordance with the requirements of the following (but not limited to) acts, laws, and/or statutes, as applicable:

• American Antiquity Style Guide

• Archeological and Historic Preservation Act, as amended

• Archeological Resources Protection Act

• Asbestos Hazardous Emergency Response Act of 1986

• Bald Eagle Protection Act

• Clean Air Act, as amended

• Clean Water Act (CWA or Federal Water Pollution Control Act), as amended

• Coastal Zone Management Act of 1972, as amended

• Comprehensive Environmental Responsibility, Compensation and Liability Act

(CERCLA)

• Endangered Species Act of 1973, as amended

• Energy Efficiency Improvement Act of 2015

• Energy Independence and Security Act (EISA) of 2007

• Emergency Planning and Community Right-to-Know Act

• Estuary Protection Act of 1986, as amended

• Federal Water Project Recreation Act, as amended

• Federal Facilities Compliance Act

• Federal Insecticide, Fungicide, and Rodenticide Act

• Fish and Wildlife Conservation Act

• Historic Sites Act of 1935

• National Environmental Policy Act (NEPA), as amended

• National Historic Preservation Act of 1966, as amended

• Native American Graves Protection and Repatriation Act

• Noise Control Act of 1972, as amended

• Ocean Dumping Act

• Occupational Safety and Health Act

• Oil Pollution Act

• Pollution Prevention Act

• Procedures for Implementing the National Environmental Policy Act, as amended (CFR

28 Part 61)

• Resource Conservation and Recovery Act

• Rivers and Harbors Act of 1899, as amended

• Safe Drinking Water Act

• Superfund Amendments and Reauthorization Act

• The Solid Waste Disposal Act

• Toxic Substances Control Act

• Watershed Protection and Flood Prevention Act, as amended

• Wetlands Conservation Act

• Wilderness Act

• Wild and Scenic Rivers Act, as amended

In addition to the above, there are Executive Orders, promulgated regulations, and implementing guidance documents including, but not limited to, the following:

• Department of Interior Departmental Manual, Policy Directives, and Secretarial Orders

• Indian Affairs Manual (IAM) Part 59, et. al.

• Indian Affairs Handbooks and Guidebooks

• Executive Order 11514 (Protection and Enhancement of Environmental Quality), as amended by Executive Order 11990

• Executive Order 11593 (Protection and Enhancement of the Cultural Environment), as amended by Executive Order 11990

• Executive Order 11990 (Protection of Wetlands)

• Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority and Low-Income Populations)

• Executive Order 13007 (Indian Sacred Sites)

• Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments)

• Executive Order 13186 (Responsibilities of Federal Agencies To Protect Migratory

Birds)

• Executive Order 13287 (Preserve America)

• Executive Order 13101 Greening of the Government Through Waste Prevention, Recycling, and Federal Acquisition

• Executive Order 13990 (Climate Crisis; Efforts to Protect Public Health and Environment and Restore Science)

• Executive Order 14008 (Tackling the Climate Crisis at Home and Abroad)

• Executive Order 14037 (Strengthening American Leadership in Clean Cars and Trucks)

• Executive Order 14057 (Catalyzing Clean Energy Industries and Jobs Through Federal

Sustainability and EO 14057 Implementing Instructions)-Executive Order 14072 (Strengthening the Nation’s Forests, Communities, and Local Economies)

• Executive Order 14082 (Implementation of the Energy and Infrastructure Provisions of the Inflation Reduction Act of 2022)

• Executive Order 14091 (Further Advancing Racial Equity and Support for Underserved Communities through the Federal Government)

• Federal Sustainability Plan

• 2020 Guiding Principles for Sustainable Federal Buildings and Associated Instructions, as revised

• Implementing Instructions for Executive Order 14057 (Catalyzing Clean Energy

Industries and Jobs Through Federal Sustainability)

• International Organization for Standardization (ISO) 14001 Standard, EMSs –

Requirements with guidance for use

• ISO 14004 Standard – General guidelines on implementation

• U.S. Army Corps of Engineers TEAM Guides and Manuals and associated ListBuilder tool

All contract work shall comply with the above, in addition to all other applicable Federal, State, local, and Tribal laws and regulations and revisions.

Note: Systems, materials, and non-public information accessed under contract remain government property and are not to be used for any other purposes.

J. Contractor Employees

Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees by always wearing a security identification badge while at a Government site. When Contractor personnel attend meetings, answer phones, and work in other situations where their status is not obvious to third parties, they must identify themselves as a Contractor as such to avoid creating the impression that they are Government employees.

K. Hours of Work

Contractor personnel are expected to perform during the normal duty hours of 8:00 AM to 5:00 PM MT, Monday through Friday, except for Federal Government holidays, with an allowance for a one-hour lunch period each day. Timeframe can be changed to accommodate effort/requirements based on each TO.

L. Security, Site Restrictions, and Liability Requirements

All Contractor personnel shall comply with Federal laws, regulations, standards, regarding information and information system security. All security requirements and clauses included in the IDIQ will also be applicable and flow down to any TOs awarded under the IDIQ and subcontracts.

To access school property or other BIE operated facilities, the Contractor shall ensure that their staff has successfully passed a background check in accordance with the Indian Child Protection Family Violence Prevention Act and the Homeland Security Act. Otherwise, the Contractor must always be accompanied by a local escort maintaining a line of sight at all times when on site during the performance of work under the task order. If no escort is provided, the Contractor shall contact the COR immediately for direction.

The Contractor shall be responsible for safeguarding all Government property provided for Contractor use. At the end of normal duty hours and/or after normal duty hours, all government facilities, equipment, and materials must be secured.

The Contractor is liable for any damage they incur to Government or Tribal property in the performance of this contract and shall indemnify and hold the Government harmless for any and all losses, damages, or liability on account of personal injury, death, or property damage of any nature arising out of the activities of the Contractor, their employees, subcontractors, or agents under this contract.

M. Government Holidays

The following Government holidays are normally observed by Government personnel: New Year’s Day, Martin Luther King’s Birthday, Presidential Inauguration Day (metropolitan DC area only), President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, and any other day designated by Federal Statute, Executive Order, and/or Presidential Proclamation.

N. Travel

Travel may be included on individual TOs as a direct reimbursable with a Not to Exceed (NTE) amount. Travel costs shall not include Contractor’s administrative fees (G&A, OH, Profit, etc.). Contractor shall provide supporting documents for all travel costs with submitted invoices. Any overhead associated with travel shall be worked into the applicable fully burdened labor rates under the IDIQ.

Individual TOs will identify the specific place(s) of performance. If travel is required to a location that is over fifty (50) miles one-way from the individual TO place of performance and the individual TO includes funding for travel; then, allowable direct reimbursable travel charges may be invoiced IAW the current Federal Travel Regulations. Fee, profit, or general and administrative fee will not be allowable on travel expenses.

All reimbursable travel must be submitted to and approved in writing in advance by the Contracting Officer’s Representative (COR). Requests for travel shall include at a minimum:

a. Name and title of traveler

b. Purpose of travel

c. Dates of travel

d. To/From Locations

e. Mode of transportation

f. Estimated total travel costs broken down by transportation, lodging, meals & incidentals