Attachment 1 - W91238-20-R-0036 Planning MATOC Base PWS 28OCT2021.pdf

PERFORMANCE WORK STATEMENT

BASE PERFORMANCE WORK STATEMENT

ENVIRONMENTAL AND CULTURAL RESOURCES SERVICES

1.0 OBJECTIVE.

1.1 The Government intends to award up to six Indefinite-Delivery, Indefinite-Quantity (IDIQ) Multiple

Award Task Order Contracts (MATOCs) for Environmental and Cultural Resources Services within the South

Pacific Division. Notwithstanding the above, the Government may award more or fewer than six. The objective is to award separate contracts with a three-year base and one two-year option period. The government intends to award three to Cultural Resources Small Business Contractors, and three to Cultural Resources AND Environmental

Resources Small Business Contractors; however, the government reserves the right to award more, less, or none at all. The maximum capacity for all contracts awarded will be $49,000,000 shared amongst all of the MATOC pool holders. The performance of work will be authorized by issuance of task orders by the Government Contracting

Officer for the Contractors to perform environmental and cultural resources studies and analyses, prepare reports and supporting documents, and implement environmental and cultural resources mitigation measures related to the

US Army Corps of Engineers (Corps) civil works, military, and “Interagency and International Services” (IIS) programs, within the Corps’ South Pacific Division (SPD) boundaries. These boundaries include the states of

California, Arizona, Nevada, Utah, New Mexico, and parts of Oregon, Idaho, Wyoming, Colorado, and Texas. See website www.spd.usace.army.mil for a map.

1.2 SPD’s mission is to deliver vital engineering solutions throughout the Pacific Southwest, in collaboration with our partners, to secure our Nation, energize our economy and reduce risk from disaster. SPD’s civil works program is oriented around major regional watersheds and leverages federal resources for navigation, flood risk management and ecosystem restoration. Major river basins include the Sacramento, San Joaquin, Santa Ana, Colorado and Rio Grande, which are governed by complex water rights. Water resources are vital to agriculture, urban development, natural ecosystems, Tribal interests, and recreation. SPD’s military and IIS missions provide premier engineering, construction, real estate, stability operations, and environmental management products and services for the Army, Air Force, other assigned U.S. Government agencies and foreign governments. SPD’s annual budget for execution of its civil works, military, and IIS missions is routinely in excess of $2 Billion.

1.3 Typical environmental and cultural resources services and tasks needed to support SPD’s civil works, military, and IIS missions are listed in Paragraph 2.0. The description of work stated herein provides a general understanding of the Contractor functions to be performed. Individual Task Orders will contain the specific performance-based requirements.

2.0 GENERAL.

2.1 The Contractor shall perform services to support environmental and cultural resources studies and compliance tasks required on all phases of project implementation (planning, design, construction, operation and maintenance). These services would include, but are not limited to the following:

2.1.1 Environmental Planning and Compliance. Conduct analyses of project effects on the human environment sufficient to comply with Corps policy as well as applicable federal environmental laws and regulations, and if applicable, conduct analyses sufficient to comply with state and local environmental laws and regulations. This includes use of appropriate models and assessment methodologies to establish existing baseline conditions, future without project conditions, and future with project conditions. This may require development and certification of new models more suited to conditions of the project area. Support the identification of the

Environmental Quality account as well as the least environmentally damaging practicable alternative. Support preparation of documentation required for compliance with applicable laws, regulations, and policies, such as the

National Environmental Policy Act (NEPA) and when requested, prepare a joint NEPA/California Environmental

Quality Act (CEQA) document for projects in California, including sufficient information to ensure compliance with http://www.spd.usace.army.mil/

CEQA requirements. In addition, support compliance actions by conducting pre-construction species and habitat surveys, as well as monitoring of construction activities to assure compliance with applicable environmental commitments and requirements.

2.1.2 Cultural Resources. Conduct cultural resources studies and analyses and prepare documents under the

National Historic Preservation Act (NHPA), the Native American Graves Protection and Repatriation Act

(NAGPRA) and related laws and regulations. This includes, but is not limited to, the identification and evaluation of historic properties by archaeological, geoarchaeological, archival, historical, geophysical, indigenous archaeological, and ethnographic means; planning to resolve adverse effects to historic properties; implementing mitigation measures as appropriate; and developing agreement documents pursuant to Sections 106 and 110 of the NHPA.

Pursuant to the NAGPRA, services may include conducting comprehensive collections inventories, conducting cultural affiliation studies, and facilitating all other aspects of NAGPRA compliance, to include repatriation support.

Construction monitoring support may also be required. Construction monitoring requires the rapid and flexible deployment of qualified monitoring staff to field sites to observe, recover, and protect resources, as well as an ability to rapidly increase or decrease the field presence as necessary. This support requires a permanent infrastructure for archival, field, and laboratory work and qualified staff as well as the ability to provide or support Native American tribal monitors when necessary.

Appropriate infrastructure includes dedicated office and laboratory space with modern laboratory equipment that is secure, free of pests, and climate controlled, and that meets the standards established for long-term curatorial services and detailed at 36 CFR 79.9. Qualified personnel are those with education and expertise in the fields of tribal coordination, ethnography, archaeology, osteology, history, and architectural history in addition to expertise in the many aspects of the NHPA and its implementation. All work must be conducted under the direct oversight of individuals meeting the Secretary of the Interior Standards in the appropriate discipline, except for Tribal monitoring or indigenous archaeological studies. Additional qualifications and requirements will be detailed in the individual task orders awarded.

2.1.3 Environmental/Cultural Requirements of Military Customers. Support the military mission in accordance with 32 C.F.R. Part 651 Environmental Analysis of Army Actions and AR 200-1 Environmental

Protection and Enhancement (https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/r200_1.pdf), 32 C.F.R. Part

989 - Environmental Impact Analysis Process (EIAP) for Air Force actions, and other resource specific regulatory guidelines, laws and regulations.

2.1.4 Tribal Liaison Support. Provide specialized knowledge and facilitation of consultation with Tribes.

Tasks may include assisting Federal Agencies in fulfilling their trust responsibility to the Tribes, conducting meaningful informal consultation, and conducting formal Government to Government consultation for a variety of projects and undertakings. This support may also include participation in the Section 106 process, by obtaining and interpreting tribal perspectives as appropriate. Other tasks may include drafting correspondence including invitations, facilitating, and documenting meetings, providing visual aids and meeting space, arranging logistics including travel plans, and ensuring consultation is conducted in a culturally sensitive manner.

2.1.5 Geospatial Data Collection, Analysis, Presentation, and Management. Collect, organize and manage geospatial data to support analysis of environmental and cultural resources as well as generation of effective presentation materials and tools. Services may also include the development of GIS-based models of archaeological sensitivity.

2.1.6 Document Delivery. Provide all documentation in both hard copies and digital format.

3.0 TASK ORDERS.

3.1 Task Order Awards. Task Orders issued under this Contract may be any contract type allowed under FAR

16), which can be issued throughout the life of the Contract period of performance of no more than five years. For each Task Order under this contract, the Government will provide a specific Performance Work Statement describing at a minimum the work required to be performed, performance metrics, schedule requirements, types and numbers of submittals, places for review, and whether a given task order will be FFP or CR. The Contractor shall, upon award of a Task Order, supply all personnel, tools, equipment, communications, transportation, materials and supervision (except as otherwise noted) to integrate, manage, and execute all specified aspects of the Task Order. If

Government Furnished Material (GFM) is provided, it will be stated in the individual Task Order and shall be accounted for in accordance with the approved property control plan if required. All GFM shall be returned to the

Government at the end of the period of performance.

3.2 Task-Specific Services. Examples of work that Contractors might accomplish under specific task orders include, but are not limited to the following:

3.2.1 Permits. Coordinate with Corps and non-Federal partners to obtain required excavation permits, utility easements, rights-of-way, and other project-related requirements.

3.2.2 Field Surveys. Conduct field investigations to identify and map endangered species and critical habitat, historic properties, and other sensitive resources within the project areas.

3.2.3 Resource Inventory. Using existing information and site visits, conduct literature searches and interviews, and identify existing natural and cultural resources within the project area.

3.2.4 Effects Analysis. Determine potential temporary, permanent, direct, indirect, and cumulative effects to the human environment posed by the potential Federal action.

3.2.4.1 Water Quality. Conduct compliance activities with water quality policies embodied in Sections 102, 401 and 404 of the Federal Water Pollution Control Act, Section 319 of the Water Quality Act of 1987, and Sections 102 and 103 of the Marine Protection, Research and Sanctuaries Act, which are applicable to Corps of Engineers feasibility studies and preconstruction planning and engineering. This includes conducting the investigations and analyses required by the Section 404(b)(1) Guidelines of the Clean Water Act, obtaining State water quality certification for activities which result in any discharge into navigable waters pursuant to Section 401 of the Clean

Water Act, or ensuring sufficient information is included in the environmental impact statement to support seeking exemption from Clean Water Act compliance per Section 404(r). Propose appropriate mitigation that could avoid, minimize, or compensate for the effect(s).

3.2.4.2 Air Quality. Conduct analyses of project-related emissions and evaluate the potential to exceed local, state, and federal air quality standards. Section 176(c) of the Clean Air Act (CAA) requires that Federal agencies assure that their activities are in conformance with Federally-approved CAA state implementation plans for geographical areas designated as “non-attainment” and “maintenance” areas under the CAA. The EPA General Conformity Rule to implement Section 176(c) is found at 40 CFR Part 93. The rule addresses how Federal agencies are to demonstrate that activities in which they engage conform to Federally approved CAA state implementation plans.

The EPA rule contains a number of “exempted” or “presumed to conform” activities which include a number of

Corps activities. As applicable and required, CAA conformity determinations will be completed. Propose appropriate mitigation that could avoid, minimize, or compensate for the effect(s).

3.2.4.3 Vegetation and Wildlife Resources, including Special Status Species. Conduct appropriate coordination, studies and analyses to determine the significance of ecological resources likely to be affected by alternative plans, and the significance of these effects; give special consideration to the reports and recommendations of the Secretary of the Interior (U.S. Fish and Wildlife Service) and the Secretary of Commerce (National Marine Fisheries Service) on the conservation of Federally listed and proposed listed endangered and threatened species, and their designated critical habitat, furnished in compliance with the Endangered Species Act; consider comments furnished by local public officials and the general public and use the information, as appropriate, to supplement information and recommendations provided by the above Federal and State fish and wildlife resources agencies; Determine the need for mitigation by assessing ecological resources gains and losses attributed to alternative plans; Assess the extent to which beneficial ecosystem management features of alternative plans offset adverse impacts (losses) before consideration is given to separable mitigation features; Formulate specific ecological resources mitigation and restoration plans using generally known and established techniques to address specific, clearly defined management objectives; Demonstrate that damages to significant ecological resources have been avoided or minimized to the extent practicable; that unavoidable damages to these resources have been compensated to the extent justified; and, that restoration opportunities for significant ecological resources have been given appropriate consideration.

3.2.4.4 Recreation. Evaluate the project to determine if it would cause a significant temporary or permanent effect on existing recreational facilities or activities within the project area. Propose appropriate mitigation that could avoid, minimize, or compensate for the effect(s).

3.2.4.5 Prime and Unique Farmlands. Analyze impacts to and conversion of agricultural lands by the proposed federal action in order to minimize the extent to which federal programs contribute to the unnecessary and irreversible conversion of farmland to nonagricultural uses, and to assure that Federal programs are administered in a manner that, to the extent practicable, will be compatible with State, local government, and private programs and policies to protect farmland (7 U.S.C. 4201(b)). Specifically, prime and unique farmlands, as defined in the Act, and farmlands of statewide and local importance, must be an integral part of the environmental assessment process and part of the decision as to whether significant impacts occur and require an EIS. Effects to be described include direct and indirect effect and cumulative impacts, as well as mitigation components that could be taken to lessen the impacts on prime and unique farmlands. If an action is to affect agricultural lands, coordinate with the appropriate

U.S. Department of Agriculture, Natural Resources Conservation Service (USDA/NRCS) office for a proposed project to determine extent of prime or unique farmlands in a project study area and probable impacts to those lands.

Fill in Part 1 and Part III on a Farmland Conversion Impact Rating Form, Form AD 1006, and supply it to NRCS with a transmittal letter that describes the project, alternatives, and a map of the study area.

3.2.4.6 Land Use. Evaluate the project to determine if it would physically divide an established community, conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project

(including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect, or conflict with any applicable habitat conservation plan or natural community conservation plan. Propose appropriate mitigation that could avoid, minimize, or compensate for the effect(s).

3.2.4.7 Traffic and Circulation. Evaluate the project to determine if it would conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit; conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures; result in inadequate emergency access, or; conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. Propose appropriate mitigation that could avoid, minimize, or

3.2.4.8 Aesthetics. Evaluate the proposed project’s effects on visual resources and the aesthetic quality of the project area. Utilize an evaluation procedure that is capable of being used to: (1) Identify and assess the existing visual resources conditions affected by a project; and, (2) Assess (describe magnitude, location, duration) and appraise (determine if beneficial or adverse) the visual impacts caused by alternatives; and, (3) Provide a replicable basis of support for any recommended mitigation. A procedure such as the Visual Resources Assessment Procedure

(VRAP), WES Instructional Report EL-88-1, or comparable method, to assess aesthetic resources should be considered in order to have a systematic approach to consider aesthetic resources.

3.2.4.9 Socioeconomics and Environmental Justice. Evaluate the proposed project to determine its effect on population and housing in the project area. Determine if it would induce substantial population growth in an area, either directly or indirectly; displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere, or; displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. Propose appropriate mitigation that could avoid, minimize, or compensate for the effect(s).

Evaluate the proposed project to determine its effect on public services. Determine if it would result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities in order to maintain acceptable service ratios, response times or other performance objectives for fire protection, police protection, schools, parks, or other public facilities. Propose appropriate mitigation that could avoid, minimize, or compensate for the effect(s).

Pursuant to Executive Order 12898 on Environmental Justice, evaluate the proposed project’s effects on minority populations, low-income populations, and Indian tribes and propose potential mitigation measures, as appropriate.

3.2.4.10 Noise. Evaluate the proposed project to determine if it would result in: exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies; exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels; a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project, or; a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. Propose appropriate mitigation that could avoid, minimize, or compensate for the effect(s).

3.2.4.11 Geology and Soils. Evaluate the proposed action to determine if they would expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic activity. Evaluate the proposed action to determine if it would result in substantial soil erosion or the loss of topsoil, or be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. Propose appropriate mitigation that could avoid, minimize, or compensate for the effect(s).

3.2.4.12 Climate Change. Per the Engineering and Construction Bulletin (ECB) 2018-14, consider and incorporate climate change trends, impacts and uncertainty in hydrologic studies using a qualitative assessment (using Corps tools) of potential project vulnerabilities to determine if inland Climate Change will change the future without project baseline analysis.

3.2.4.13 Sea Level Rise. Per Engineering Regulation (ER) 1100-2-8162, determine the direct and indirect physical effects of projected future sea level change across the project life cycle in in order to incorporate those considerations into the management, planning, engineering, designing, constructing, operation, and maintenance of the proposed project.

3.2.4.13 Wetlands and Aquatic Resources. Demonstrate that damage to wetland resources has been avoided or minimized to the extent practicable; that unavoidable adverse impacts to wetlands have been compensated; and, that wetland restoration opportunities associated with the study have been properly addressed.

3.2.4.14 Public Infrastructure and Utilities: Evaluate the proposed project to determine if it would have any significant effects on public infrastructure and utilities in the project area such as power, gas, telecommunications, wastewater, stormwater drainage, or water supply. Propose appropriate mitigation that could avoid, minimize, or

3.2.4.15 Invasive Species. Following nationwide policy established with EO 13112, evaluate invasive species concerns related to the proposed project in collaboration with federal, state, and local agencies, following the

National Invasive Species Management Plan as a blueprint for action on both terrestrial and aquatic invasive species.

Invasive species will be inventoried, analyzed and managed at a level of detail comparable to sensitive species.

NEPA documents shall include full disclosure of invasive species as a basis for coordination, identification of planning goals, objectives, constraints, management measures, and project alternatives.

3.2.4.16 Hazardous, Toxic, and Radioactive Waste. Conduct assessments to investigate the existence, nature and extent of HTRW within the project area. At a minimum Phase 1 assessments shall be completed prior to the NEPA decision document.

3.2.4.17 Hydrology. Evaluate the project to determine if it would substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or offsite, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. Evaluate the project to determine if it would expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. Propose appropriate mitigation that could avoid, minimize, or compensate for the effect(s).

3.2.5 National Environmental Policy Act (NEPA) /California Environmental Quality Act (CEQA). Prepare all or part of NEPA, including, but not limited to, Environmental Assessments (EA), Environmental Impact

Statements (EIS), Records of Environmental Consideration, and when requested, prepare a joint NEPA/CEQA document for projects in California, incorporating sufficient information to comply with CEQA and prepare companion environmental documents such as Negative Declarations, Initial Studies, and Environmental Impact

Reports.

3.2.6 Report Preparation. Prepare draft and final reports, appendices, information papers, and other documents in support of planning studies and compliance documentation.

3.2.7 Habitat Evaluation Procedures. Conduct Habitat Evaluation Procedures and similar terrestrial or aquatic evaluation procedures/modeling, and prepare reports discussing results, analyses, and conclusions.

3.2.8 Biological Assessments. Prepare biological assessments according to Endangered Species Act guidelines.

3.2. 9 Mitigation Planning, Monitoring, and Adaptive Management. Develop a mitigation plan that ensures that project-caused adverse impacts to ecological resources have been avoided or minimized to the extent practicable, and that remaining, unavoidable impacts have been compensated to the extent justified. The recommended plan and the NED plan, if not one in the same, shall contain sufficient mitigation to ensure that either plan selected will not have more than negligible adverse impacts on ecological resources (Section 906(d), WRDA`86). Any such mitigation measures will be fully justified. Justification of mitigation features recommended for inclusion in projects shall be based upon analyses that demonstrate the combined monetary and non-monetary values of the last increment of losses prevented, reduced, or replaced is at least equal to the combined monetary and non-monetary costs of the last added increment so as to reasonably maximize overall project benefits. In addition, an incremental cost analysis, to the level of detail appropriate, will be used to demonstrate that the most cost-effective mitigation measure(s) has been selected.

Develop a mitigation monitoring plan per WRDA 2007, Section 2036, to determine project success in achieving ecological goals. Monitoring is appropriate for all mitigation actions to ensure that those actions have achieved the objective. The level of monitoring should be consistent with the magnitude of the project and the degree of risk and uncertainty with the probable success of the mitigation. Utilize forecast methods and techniques that are applicable to Corps projects that include state-of-the-art techniques and are generally acceptable to the resource agencies.

Develop an adaptive management plan that indicates how adjustments would be made to mitigation features that are not achieving their ecological goals based on monitoring results. The adaptive management plan must be appropriately scoped to the scale of the project. If the need for a specified adjustment is anticipated due to high uncertainty in achieving the desired outputs/results, the nature and cost of such actions should be explicitly described in the decision document for the project requiring authorization. The reasonableness and cost of the adaptive management plan will be reviewed as part of the decision document. Costly adaptive management plans may indicate the need to reevaluate the formulation of the mitigation measures. The information generated by the monitoring plan will be used by the District Commander in consultation with the Division Commander to guide decisions on operational or structural changes (adaptive management) that may be needed to ensure that the mitigation measures meet the success criteria of the mitigation plan.

3.2.10 Construction Monitoring for Environmental Commitments. Develop and/or implement a monitoring plan for active construction sites to ensure environmental commitments, such as avoidance and minimization measures, are successfully applied by the construction contractor. Tasks include observation of construction activities, delineation of avoidance areas and periodic checks to ensure compliance, evaluation of finds, rapid response to resolve effects to significant discoveries, and regular documentation of all field activities.

3.2.11 Public Participation. Develop and implement a public participation plan that initiates general public participation procedures for ecological resources conservation purposes consistent with Corps policy and guidance.

Such coordination and public involvement shall include, but not be limited to, government entities at the Federal, regional, State, and local levels, and national and local public and private organizations. Consultation with Tribes shall be initiated consistent with guidance.

3.2.12 Integrated Natural Resources Management Plans and Integrated Cultural Resources Management

Plans. Prepare military cultural resources and environmental documents such as Integrated Natural Resources

Management Plans and Integrated Cultural Resources Management Plans.

3.2.13 Global Positioning Systems. Use Global Positioning System (GPS) technology and graphic software programs to map, store, and retrieve information and data within the project area.

3.2.14 Feasibility Level Cultural Resources Inventory: Compare the likely adverse effects to historic properties that would result from the implementation of a range of generally defined project alternatives. This analysis shall be informed by a thorough review of the relevant literature, previous inventories, and recorded site locations; by the development and use of a probabilistic model of the nature and number of buried archaeological resources; by coordinating with Native American tribes and others with unique knowledge of the area; and by other means as appropriate.

3.2.15 Cultural Resources Inventory Reports. Conduct an inventory of the area of potential effects of a given project for historic properties, to include a standard records and literature search, ethnographic and archival research, a desktop geo-archaeological assessment, coordination with Native American tribes, and appropriate field inventory methods to include pedestrian survey, built-environment inventory, and geo-archaeological or geophysical prospection as appropriate.

3.2.16 Cultural Resources Mitigation. Implement the terms of an executed Memorandum of Agreement or

Programmatic Agreement to resolve adverse effects to historic properties resulting from the implementation of a given undertaking. Mitigation measures may include archaeological study, digital interpretation, or recordation (e.g.

3D scanning, augmented reality applications, etc.), or ethnographic documentation.

3.2.17 Cultural Resources Monitoring. Conduct in-field cultural monitoring of project construction. Tasks include observation of construction activities, delineation of avoidance areas and periodic checks to ensure compliance, evaluation of finds, rapid response to resolve effects to significant discoveries, and regular documentation of all field activities. This includes both archaeological and tribal monitoring.

3.2.18 NAGPRA Inventories and Cultural Affiliation Studies. Conduct inventories of Corps-owned archaeological collections for the presence of human remains and NAGPRA items, and document the findings.

Conduct detailed NAGPRA cultural affiliation studies of Corps-owned collections, incorporating all appropriate lines of evidence as required under the law.

3.2.19 Technical Editing. Perform technical writing and document editing. Follow Federal GPO Style Manual guidelines and Corps guidance for electronic preparation and storage of files and data.

3.2.20 Comment/Response. Annotate all review comments in all phases of the studies to the satisfaction of the

Corps reviewers, and submit required final documents in hard copies and electronic format for Corps approval.

3.2.21 Air Installation Compatible Use Zone. The contractor shall be familiar with preparing Air Installation

Compatible Use Zone (AICUZ) reports and shall prepare the reports when requested.

3.2.22 Intergovernmental and Interagency Coordination for Environmental Planning. The Contractor shall be familiar with preparing Intergovernmental and Interagency Coordination for Environmental Planning (IICEP) letters and shall prepare the letters when requested.

3.2.23 Airspace Analysis. The contractor shall be familiar with conducting airspace analysis for existing air and the creation of new airspace. The Contractor shall be familiar with gathering and validating operation parameters within Special Use Airspace.

3.3 Deliverables. Deliverables will be defined at the task order level. Example Deliverables at the task order level are provided below:

3.3.1 Draft and/or final NEPA compliance documents. These documents shall be prepared in compliance with

NEPA, the Corps’ Engineer Regulation 200-2-2, and all other applicable Federal environmental laws, regulations, policies, and Executive Orders. The Contractor may be requested to prepare a companion CEQA document for projects in the State of California when it is in the best interest of the Federal Government.

3.3.2 Draft and/or final cultural resources documents supporting compliance with NHPA, NAGPRA, etc.

Includes the full range of inventory and evaluation reports for archaeological sites, submerged resources, built environment, and cultural landscapes; archival research and oral histories; findings of effect; historic properties treatment plans; testing, data recovery and curation plans; programmatic or memoranda of agreements; cultural affiliation, ethnographic, and traditional cultural properties studies; Native American Graves Protection and

Repatriation Act inventories and reports; and development of mitigation alternatives that include public benefit and education components.

3.3.3 Supporting Documents. The Contractor may be tasked to prepare and deliver a variety of supporting documents and reports. These documents pertain to planning, environmental/cultural resources, socioeconomics, hydrology and hydraulics, flood plains, geotechnical, or other related analyses.

4.0 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, and 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.

5.0 ANTITERRORISM AND OPERATIONS SECURITY

The Contractor shall comply with the antiterrorism and operations security requirements, which will be identified in

PWS at the task order level. The requirements could change depending on the guidance that is received by the

Corps. Below are examples of the antiterrorism and operations security requirements:

5.1 AT Level I Training: All Contractor employees, to include subcontractor employees, requiring access to

Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or Task Order effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

https://atlevel1.dtic.mil/at/; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.”

5.2 Access and General Protection/Security Policy and Procedures: All Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative). The Contractor shall also provide all information required for background checks or background investigation and to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of

Emergency Services or Security Office. Contractor workforce shall comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition, should the Force Protection

Condition (FPCON) at any installation or facility change, the Government may require changes in

Contractor security matters or processes.

5.3 Suspicious Activity Reporting Training (iWATCH, CorpsWatch, or See Something, Say Something):

The Contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT

5 calendar days after the completion of the training.

5.4 For Contracts that Require OPSEC Training: All new contractor employees shall complete Level I

OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all Contractor employees shall complete annual OPSEC awareness training. The Contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the Contracting Officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites:

https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can beprovided by the RA

OPSEC Officer in presentation form which will be documented via memorandum.

5.5 Pre-screen candidates using E-Verify Program: The Contractor shall pre-screen Candidates using the

E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Contractor shall ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates shall be provided to the COR no later than 3 business days after the initial contract award.

6.0 POST AWARD CONFERENCE/PERIODIC PROGRESS MEETINGS

The Contractor shall 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 shall 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.

7.0 INVOICES AND PAYMENT INFORMATION

7.1 Contract Payments: The Government will pay the Contractor upon submission of proper invoices for services delivered and accepted for the portion of the work actually performed under the contract.

7.2 Invoices: Invoices shall include all necessary information, including any necessary supporting documentation required as part of this Performance Work Statement. All invoices shall reflect the Contract and Task

Order Number, and CLIN. Final invoices shall be marked “FINAL.”

http://www.iad.gov/ http://www.cdse.edu/catalog/operations-security.html%3B http://www.uscis.gov/e-verify)

7.3 Instructions for submitting electronic invoices for each task order, will be provided in a PWS at the time of task order award.

8.0 CONTRACTOR MANAGEMENT REPORTING (CMR) PER TASK ORDER LEVEL

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure

Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The CMR is applicable at task order level. "The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for USACE a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year

(FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year.

Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil See Exhibit 1

9.0 QUALITY ASSURANCE

The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality

Assurance Surveillance Plan included with each task order. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards, Exhibit 2 and

Exhibit 3below. It will be defined how the performance standards will be applied.

10.0 AUTHORITIES AND TECHNICAL DIRECTION

The Contractor shall take no direction that changes the price, schedule or other terms and conditions of this contract from any Government employee other than the Contracting Officer. Changes authorized by the Contracting Officer will be in the form of a written modification, signed by the Contracting Officer, and received by the Contractor prior to acting upon those changes. The Contractor shall comply with the changes clause of this contract by notifying the

Contracting Officer when the Contractor believes the directions have been given from persons other than the

Contracting Officer. Any direction given by any Government employee outside their authority must be reported to the Contracting Officer, and the Contracting Specialist. The CORs are limited to the authorities stated in the COR appointment letters.

11.0 ATTACHMENT/TECHNICAL EXHIBIT LISTING

11.1 Attachment 1/Exhibit 1 - Army CMR (3) pages

11.2 Attachment 2, Technical Exhibit 2 – Performance Requirements Summary. These will be developed and incorporated at the Task Order level..

11.3 Attachment 3, Technical Exhibit 3 – Quality Assurance Surveillance Plan (QASP). These will be developed and incorporated at the Task Order level.

11.4 Attachment 4, Sample Technical Exhibit 4 – Deliverables Schedule.

11.5 Past Performance Questionnaire Form. This document will be sent separately.

http://www.ecmra.mil/

ATTACHMENTS/TECHNICAL EXHIBITS

TECHNICAL EXHIBIT 1 (CMR is applicable at the task order level)

ARMY CONTRACTOR MANPOWER REPORTING (CMR) REQUIREMENT:

The following sets forth contractual requirements for reporting of contractor manpower in support of the Army’s

Contractor Manpower Reporting requirement.

1. Reporting is accomplished electronically by direct contractor submission to a secure Army website. The

Contractor Manpower Reporting Application (CMRA) Version 3.0 is a business process for collecting information on contracts that provide services to the Department of the Army. The Army operates and maintains a secure data collection site where contractors must report all contractor manpower (including subcontractor manpower) required for performance of contracts subject to the CMR requirement.

2. Since this is an Indefinite Delivery contract, the Government will identify the individual task orders that are subject to the CMR requirement by including this Appendix in the individual task order. The CMR requirement will apply to the order if any of the following is true: (1) Army dollars are funding the order; (2) Any Army missions are being supported by the order; (3) Any Army military, civilian or contractors are supported/benefit from the ordered services; (4) the Army is the executive agent for the mission being supported by the order. The CMR requirement applies even if funds are sent to another agency to contract for the Army. For the United States Army Corps of

Engineers (USACE), civil works utility services, and construction contracts are excluded from the CMR requirement.

3. Reporting is accomplished by direct data entry into a secure Army website found at http://www.ecmra.mil/ .

Contractors must register in this system. You are referred to the Contractor and Subcontractors Users Guides and the

FAQ’s available at this website for detailed information and instructions pertaining to registration for and data entry into the CMRA system.

4. The CMRA Help Desk can be contacted for assistance by telephone (703-377-6199) or email

(dodcmra@pentagon.af.mil) All questions pertaining to system registration, data entry problems, and other information technology-related issues or concerns should be directed to the CMR Helpdesk.

5. Annual reports are required. The data for each Government Fiscal Year (October 1- September30) shall be entered no later than October 31, annually. If the contract action to which the CMR requirement applies overlaps two or more Government fiscal years, the contractor must prorate the labor hours and labor dollars accordingly.

6. The data that must be entered includes: Contract Number; Delivery Order Number (if applicable); Task

Order Number (if applicable); Requiring Activity Unit Identification Code (UIC) [to be provided by the

Government]; Command [to be provided by the Government]; Contractor Contact Information; Federal Service

Code; Direct Labor Hours; Direct Labor Dollars; Location Information; Amount Invoiced for FY; and

Prime/Subcontractor status.

7. There is a flow-down requirement to subcontractors providing applicable services. The prime contractor has overall responsibility for ensuring that their subcontractors timely enter their respective data.

8. Concurrent with or following the award of each contract or order subject to the reporting requirement, a

“CMR Worksheet” will be provided to the Contractor by the Government (see attached sample).

9. A Contract Line Item Number (CLIN) will be included in the contract or order for each contract action to which the CMR requirement applies. The Contractor may elect to price or not- separately- price the CMR requirement.

10. The CMR requirement does not require a Contract Requirement List in the contract or order.

11. The CMR website is a secure site. Additionally, contractor labor hours and associated labor costs will be treated as proprietary information when linked to the contractor’s name and the contract number.

12. The Contractor Manpower Reporting requirements are subject to change. The Contractor shall be responsible for complying with the reporting requirements specified on the CMRA website at the time the annual report is due, at no additional cost to the Government.

13. Contractors and subcontractors are required to input all direct labor data into the appropriate eCMRA tool no later than 31 October for the period of performance of the preceding fiscal year.

SAMPLE CMR WORKSHEET

1. The CMR requirement described in Section C/the Performance Work Statement (PWS)/the Scope of Work

(PWS) applies to this contract or order.

2. For the purpose of data entry on the CMR website, the following information is supplied by the Government.

(a) Contract Number:

Delivery order Number (if applicable):

Task Order Number (if applicable):

Unit Identification Code of the Activity Requiring the Services:

Command:

The contractor or subcontractor will be responsible for entering the following contractor or subcontractor supplied data:

Contract Number: (see above)

Delivery Order Number: (see above)

Task Order Number: (see above)

Requiring Activity Unit Identification Code: (see above)

Command: (see above)

Contractor Contact Information

Federal Service Code (FSC): The predominant Federal Service Code reflecting services provided by the contractor

(and separate predominant FSC for each subcontractor if different)

Direct Labor Hours: The estimated total number of labor hours performed at this location for this FSC code for the

Government fiscal year being reported.

Direct Labor Dollars: The estimated total dollar amount for direct labor performed at this location for this FSC code for the Government fiscal year being reported, based on unloaded amounts (i.e., without benefits, travel expenses, ODC’s).

Location (Country, State, Zip Code, and City/Installation Name): The location where the work is being performed.

Total Invoiced Amount: The total dollar amount invoiced during the Government fiscal year being reported, at the delivery/task order level, if applicable.

Prime Contractor? Yes or No.

TECHNICAL EXHIBIT 2

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.