B08_SOL_Attachment_1_PWS_2023_06_07_PWS_Zuni_Economic_Analysis.docx

Zuni IWRS Value of Water and Economic Analysis Performance Work Statement (PWS) For The Department of the Interior Secretary’s Indian Water Rights Office 6/7/2023

1. General Information

1.1. Introduction

The Secretary’s Indian Water Rights Office (SIWRO), Department of the Interior (Department), needs expert services in economic analyses relating to the negotiation of water rights settlements.

1.2. Background

The mission of SIWRO is to manage, negotiate, and oversee the implementation of settlements of Indian water rights claims, with the strong participation of Indian tribes, states, and local parties. In addition, SIWRO works in concert with tribes and all water stakeholders to deliver long-promised water resources to tribes, certainty to all their non-Indian neighbors, and a solid foundation for future economic development for entire communities dependent on common water resources.

SIWRO provides high-level policy guidance and direction from the Office of the Secretary, under the Chair of the Working Group on Indian Water Settlements, facilitating inter-agency participation and cooperation needed to achieve and implement comprehensive settlements. SIWRO coordinates and supports Federal settlement activities through 44 Federal negotiation, assessment, and implementation teams working throughout the western United States. SIWRO assists in developing and presenting the Department’s position on Indian water rights settlements to the Office of Management and Budget (OMB) and Congress.

SIWRO manages several high-profile projects involving the negotiation and settlement of Indian water rights conflicts. These conflicts involve numerous parties, including Indian tribes, agricultural, domestic, industrial water users, states, local governments, and Federal agencies.

The Zuni Indian water rights settlement negotiations have been highly active. As a result, SIWRO needs value of water and economic damage claims analyses for the water at issue in the settlement negotiations.

1.3. Objectives

· The Contractor shall provide economic analyses, including water valuation and review of prepared damages claims, for the Zuni water rights settlement.

1.4. Scope

To provide guidance and direction on the Zuni water rights settlement, SIWRO is relying on a Contractor to produce a value of water study and an analysis of economic damages claims involved in the negotiations. To that end, knowledge of aspects specific to Indian Water Rights different from the general economic analysis is necessary.

1.4.1. Travel

No Travel is expected under this award.

1.4.2. Place of Performance

Services shall be provided at the Contractor’s place of business.

1.4.3. Period of Performance

The performance period for this task order is 180 days from when the task order is awarded.

1.5. General Information

1.5.1. Data Use, Disclosure of Information, and Handling of Sensitive Information The Contractor shall maintain, transmit, retain in strictest confidence, and prevent the unauthorized duplication, use, and disclosure of information. The Contractor shall provide information only to employees, contractors, and subcontractors having a “need to know” such information in performing their duties for this project.

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records that are not public information. Accordingly, each offeror or employee of the Contractor to whom the information may be made available or disclosed shall be notified in writing that such information may be disclosed only for a purpose and to the extent authorized herein.

Performance of this effort may require the Contractor to access and use data and information proprietary to a government agency or Government Contractor. This information is of such a nature that its dissemination or use, other than in the performance of this effort, would be adverse to the interests of the Government or others.

The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend other than as required in the performance of this effort. Nothing herein precludes the use of any data independently acquired by the Contractor without such limitations or prohibits an agreement at a cost to the Government between the Contractor and the data owner that provides greater rights to the Contractor.

1.5.2. Special Qualifications

The Contractor shall have current knowledge and substantial experience in the evaluation of Indian water rights and Indian water settlements, including demonstrated knowledge and experience in:

(1) the detailed characterization of the historical economic context in which tribal water rights claims have been developed;

(2) the evaluation of relevant legal and technical reports to quantify claims related to tribal water resources;

(3) the evaluation of economics associated with Practicably Irrigable Acreage and tribal homeland claims; and

(4) the evaluation of economics of Tribes’ historical use, Municipal and Industrial (M&I), and environmental claims for water rights.

The Contractor must demonstrate working knowledge of and be capable of interpreting and implementing the criteria and procedures applicable to the development and consideration of Indian water rights settlements. In addition, the Contractor must be an expert in economics, assessing tribal monetary damage claims relating to water and water right valuation in the context of development, redevelopment, and litigation activities pertaining to Indian water rights.

2. Government Furnished Property, Equipment, and Services Government Furnished Equipment is not supplied.

3. Specific Tasks

3.1. Tasks to be Performed:

The Contractor is responsible for ensuring the accuracy, timeliness, and completion of all tasks under this effort. At the request of the Government, the Contractor shall provide an economic analysis of the issues involved the Zuni Indian water rights settlement negotiations, studying:

3.1.1. Existing, prepared economic damages claims.

3.1.2. The volume, place of use, priority date, and purpose of use of the water.

3.1.3. The ability to market the covered water and any geographic or other constraints.

3.1.4. The size and geography of relevant surface water and groundwater sources.

3.1.5. Comparable sales of water in current water markets in the area if sufficient technical data are available.

3.1.6. The land price differential comparing property values of land with and without water rights if sufficient technical data are available.

3.1.7. Income capitalization capturing the change in net income produced from a change in enterprise due to a change in water supply if sufficient technical data are available.

3.1.8. The incremental cost of replacing the water in consideration with a new source that meets the same purpose, quantity, and place of use (replacement cost), if sufficient technical data are available.

3.1.9. Compare the methodologies and results of the previously prepared claims and this analysis of economic damages claims.

3.1.10. Provide a written analysis of source documents provided by SIWRO. The Contractor’s analysis of source documents shall include the Contractor’s identification of elements in the source documents which the Contractor believes may raise significant policy, programmatic, budgetary, or other issues that should be brought to SIWRO’s attention.

3.1.11. The Contractor shall participate in telephone conference calls, as requested.

3.2. Deliverables

3.2.1. Meetings

The Contractor shall be available for teleconference meetings.

3.2.2. Draft Reviews and Analyses

If requested by the Government, the Contractor shall email the Government draft reviews and analyses of those portions of the source documents reviewed each day.

Suppose the Government does not request daily drafts. In that case, the Contractor shall provide a draft review and analysis of each source document within 10 business days after the review and analysis are completed if required by the Government.

3.2.3. Final Report

Unless otherwise specified, the final report shall be delivered to the Government in MS Word with any accompanying spreadsheets in MS Excel.

3.3. Deliverables Schedule