Attachment F - Section 106 Sample PWS - Dayton 12.09.25.pdf

ATTACHMENT F: PERFORMANCE WORK STATEMENT –

SAMPLE CULTURAL AND ARCHAEOLOGICAL RESOURCE SURVEY /

SECTION 106 CONSULTATION SUPPORT

I. Background and Purpose

The U. S. Department of Veterans Affairs (“VA”) intends to Enhanced-Use Lease (EUL) [insert specifics of building(s)] situated on approximately [# of acres] acres of land located at [Address], for use as [EUL function]. The site has been identified and its boundaries are approximated in Section III of this PWS (“Site” or “project area”).

II. Work to be Performed:

I. Standards and Responsibilities The contractor is responsible for having a current knowledge of the requirements of the local jurisdiction connected with the services described herein. The contractor must hold the appropriate licenses in the state where the study area is located. The contractor must demonstrate their assigned staff meet the Secretary of the Interior’s Historic Preservation Professional Qualification Standards (36 CFR 61).

II. Scope The Contractor shall perform all work described in this PWS for the above noted EUL site:

Background Research - The contractor will examine readily available data pertinent to the history, prehistory, ethnography, and environment of the study area, including but not necessarily limited to the SHPO, local public library, historical society, or local university to develop a general understanding of the site area and how it may have changed through time, to identify previously recorded archeological and historic properties, and to generate the information and perspectives needed to predict the likely presence or absence of resources and the likely character of impacts, if any.

Identification of Experts and Consulting Parties - The contractor will identify experts and other Consulting Parties (CP) likely to be interested in and knowledgeable about the history, archaeology, and culture of the area, including but not limited to relevant local government officials and offices (determine whether the study area is within the boundaries of a Certified Local Government (CLG)), Indian tribal governments, academic interests, and state, local, and other historical, architectural, and archaeological organizations.

Fieldwork - The contractor will inspect the study area to the extent feasible from areas normally open to the public, and without conducting excavations or other modifications of the land, landscaping, buildings, or structures, to document the general character of each area and its buildings, structures, and other cultural features.

III. Deliverables The contractor will prepare and provide to VA a report based on the results of the activities listed above, addressing the following questions with respect to the study area, and including all pertinent supporting documentation:

a. What is the recommended area of potential effect (APE) within the project area? Describe area and justify boundaries, and include a map showing the APE.

b. What is the likelihood that any district, site, building, structure, object, landscape, or landform wholly or partly within the study area may be included in or eligible for inclusion for the National Register of Historic Places? Include citations for, and copies of, any evaluations or studies that are reviewed and referenced.

c. What is the likelihood that other kinds of cultural resources (e.g., significant local sociocultural groups or activities, religious practices, cultural institutions, documents, artifacts, etc.) exist or occur in the APE?

SAMPLE CULTURAL AND ARCHAEOLOGICAL RESOURCE SURVEY /

SECTION 106 CONSULTATION SUPPORT

d. If such eligible properties or other cultural resources are likely to exist in the APE, what likely effect would construction of the project have on them (adverse or not)?

e. Who are the CPs whom VA should consult with about cultural resource issues with respect to this project (includes as much contact information as possible)? Which federally recognized tribes (Tribes) are likely to have an interest in the study area? At a minimum, consult the U.S. Housing and Urban Development’s Tribal Directory Assessment Tool (TDAT) to determine which Tribes are identified in the appropriate counties for the project.

f. What recommendations do you have for further study or other actions, if any, including minimizing or mitigating any potentially negative impacts?

Include in the report a draft letter (VA letterhead and VA envelopes) to each CP identified in (e) above to initiate Section 106 consultation for the proposed undertaking. The letter(s) should include a finding per the following criteria:

No historic properties affected (36 CFR 800.4(d)(1)), i.e., either no historic properties were identified in the APE or historic properties identified in the APE would not be affected; or No adverse effect (36 CFR 800.5(b)), i.e., historic properties identified in the APE would be affected but not adversely; or Adverse effect to historic properties (36 CFR 800.5(d)(2)), i.e., historic properties identified in the APE would be affected adversely.

Documentation shall be consistent with 36 CFR 800.11(d) for findings of no historic properties affected or 36 CFR 800.11(e) for findings of no adverse effect or adverse effect, as appropriate.

If it is determined that the project will have an adverse effect on identified historic properties, then the vendor will assist VA in the development of appropriate mitigation measures (i.e.

Memorandum of Agreement or Programmatic Agreement) pursuant to internal discussions with VA as well as all support services for its eventual execution. If the SHPO where the site is located has a Section 106 project submittal form that is a substitute for a typical consultation letter the form will be completed and the PM will be informed of the appropriate submittal procedures (hard copy, email, or electronic, etc.). The submittal of these draft letters/forms to external parties, will be the responsibility of VA staff only, unless otherwise directed to the contrary by the appropriate VA staff.

IV. Section 106 Consultation Letters to Consulting parties In addition, the Vendor will include in the report a draft letter to each party identified, to initiate NHPA consultation for the proposed undertaking. The letter(s) should include a finding and the documentation listed at 36 CFR § 800.11(d)(1-3) or (e)(1-6), as appropriate. The vendor will be responsible for determining what is the appropriate submittal format for Section 106 consultation letters for the corresponding SHPO. If the SHPO where the site is located has a form (i.e.

online or hard copy) it typically uses to conduct Section 106 consultation, the Vendor will complete that form. The Vendor is not to submit these draft letters/forms to external parties, unless directed by VA. The VA will review and sign these letters after providing the contractor with edits and approval. The vendor will then send on the Government’s behalf pursuant to that particular SHPO’s required submittal procedures (i.e. hard copies, email or electronic system).

The vendor will provide documentation of the submittal date and tracking dates of when the SHPO and CPs have received the consultation letters to adequately estimate the initiation of the regulatory 30-day review period.

V. Deliverable Format & Schedule Except as specified otherwise in this PWS, all items shall be delivered to VA electronically. All deliverable documents will be delivered to VA in Microsoft Word 2020 or later (or native format

SAMPLE CULTURAL AND ARCHAEOLOGICAL RESOURCE SURVEY /

SECTION 106 CONSULTATION SUPPORT

for graphics and spreadsheets) and Adobe PDF formats. Files must be delivered in electronic formats that can be revised or updated by the government. Documents destined for wider distribution shall also be 508-compliant. If the file is larger than 10 megabytes, the document(s) must be delivered by a file-sharing site accessible to VA.

Revised documents shall include Word files with both a clean version and a version showing tracked changes. The government review of draft deliverables will focus on ensuring that the document meets VA requirements. The contractor may be required to adequately address issues overlooked; supplement, improve, or modify analyses; address readability and editorial issues; and make factual corrections.

When a hard copy is required by coordinating/consulting agencies or parties: All hard copy documents, maps and illustrations must be of high quality and easily reproducible on standard or color copiers. Hard copy documents will be double-sided on 8-1/2" by 11" paper. Maps identifying the location of the project will be included within the document and may be used along with tables, figures, and illustrations throughout the document to display project-related information more efficiently. Fold-out pages should be avoided. If these are necessary, they will be no larger than 11" by 17" and have the same design as the 8 1/2" by 11" graphic pages and will be approved by the government before document preparation. All pages of the documents will be appropriately numbered and inserted into a three-ring binder. For submissions to regulatory agencies, the required format may supersede these details and would be specified in the task order details.

The contractor will provide the following deliverables and meet the milestones on the schedule provided below:

Deliverable/Milestone Completion Date* Preparation of Draft Report and S106 letters NTP + 30 days Government Review 14 days Preparation of Final Report and S106 letters 7 days after receipt of

Government comments Provide documentation of the submittal date and tracking dates

5 days after Government approval of final draft

III. Additional Conditions

Confidentiality & Conflict of Interest - The contractor shall sign a confidentiality agreement and will not engage a transaction in which the company, and principals, or persons working directly with the transaction, have a financial interest in the real estate contemplated herein. The contractor shall immediately notify VA of any potential conflicts that may arise.

Adherence to Applicable Laws and Regulations - The contractor agrees to comply with all federal and state laws and regulations that are applicable.

SITE BOUNDARIES: For project planning purposes, the location(s) that will be surveyed will be located within the area described below, which is bound by the following roads, or must front on any of the following boundary lines:

[Insert Description of EUL Parcel]