PWS-AM Support_2023-2025-draft 14 DEC 22.docx

PERFORMANCE WORK STATEMENT (PWS)

Missouri River Recovery Management Plan Adaptive Management Support US Army Corps of Engineers (USACE) Missouri River Recovery Program (MRRP) PO Box 710 Yankton, SD 57078

DATED: April 18, 2022

1.0 General Information.

1.1 Background. The impetus for this work is required by law to allow the continued operation of the Missouri River Mainstem Reservoir System, operation and maintenance of the Bank Stabilization and Navigation Project, the operation of the Kansas River Reservoir System, and the implementation of the Missouri River Recovery Management Plan (MRRMP). The effects of those program’s actions, over time, have affected the natural riverine environment and the species that live there. Under the Endangered Species Act (ESA) of 1973, Federal agencies are required to consult with the US Fish and Wildlife Service (USFWS) if their actions cause impacts to ESA listed species and their habitat. The USACE has been operating the aforementioned programs and projects under Biological Opinions (BiOp) to reduce the impacts to ESA listed species since 1990. Based on findings from the USACE actions, research, and monitoring, the USACE issued a new Biological Assessment (BA) to the USFWS on October 30, 2017, with a new proposed action. This resulted in formal consultation with the USFWS in accordance with the ESA. The result of the consultation is captured in the USFWS 2018 BiOp (issued April 2018) and is described and analyzed in detail in the MRRMP-Environmental Impact Statement (MRRMP-EIS). The BiOp requires that the actions described in the USACE’s October 2017 BA and MRRMP-EIS be implemented under the description and process explained in the Science and Adaptive Management Plan (SAMP).

Implementation of the overall Missouri River Recovery Program includes collaboration with the Missouri River Recovery Implementation Committee (MRRIC) as authorized in Section 5018 of the 2007 Water Resource Development Act to serve as a basin-wide collaborative forum to develop a shared vision and comprehensive plan for Missouri River recovery. The MRRIC is a multi-stakeholder body composed of representatives from Federal, state, and tribal agencies, and nongovernmental and local governmental stakeholder interests in the basin. The MRRIC is exempt from the requirements of the Federal Advisory Committee Act.

1.2 Scope of Work. This is a non-personal services contract to provide Adaptive Management (AM) support for implementation of the final MRRMP-EIS, implement the USFWS BiOp issued to the USACE, and participate as a member of the Technical Team (TT). The USACE shall not exercise any supervision or control over the contract service providers performing the services herein. The contractor’s staff shall be accountable solely to the contractor who, in turn, is responsible to the USACE. This is a fixed priced, performance-based service contract where the government defines and measures desired outcomes, while contractor methods are generally not constrained or directed.

1.3 Period of Performance. The period of performance shall be for one (1) Base Year of 12 months and two (2) 12-month option years.

1.4 Contractor Personnel

1.4.1 The contractor shall perform all work under this contract using his or her own forces except as provided in Paragraph 1.4.2 Subcontracting. Employees who perform this work shall be qualified persons on the contractor’s own payroll.

1.4.2 Subcontracting. The contractor shall not subcontract any work without written approval of the Contracting Officer. Compliance with the provisions of this contract by subcontractors shall be the responsibility of the contractor.

1.5 Quality Control

1.5.1 The contractor shall designate, in writing, an employee who shall serve as the contact for matters involving quality and performance or non-performance of the required work stated in this PWS. The employee(s) shall be qualified and fully competent with full authority to act for, and on behalf of, the contractor as necessary to ensure that the required work is performed in accordance with the standards contained herein. The contractor shall furnish the above written designation to the Contracting Officers Representative (COR), George Williams (George.A.Williams@usace.army.mil), and the Project Manager (PM), Tim Welker (Tim.L.Welker@usace.army.mil), no later than the first day of work. The contractor shall include the name(s), address(s), and telephone number(s) of the responsible individual(s).

1.5.2 The Contracting Officer reserves the right to disapprove any individual whom he considers incompetent to perform the work required. The Contracting Officer will provide a written notice of any disapproval to the contractor.

1.6 Quality Assurance. The government will utilize a Quality Assurance Surveillance Plan (QASP) to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government may use Quality Assurance Evaluators (QAE(s)) to provide assistance with the quality assurance methods.

1.6.1 The government has the right to inspect all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The government shall perform inspections in a manner that will not delay the work.

1.6.2 If any of the services do not conform to contract requirements, the government may require the contractor to perform the services in conformity with contract requirements and at no increase in cost. If the contract requirements are not met after a second attempt the government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

1.6.2.1 Upon verification of a validated customer complaint or corrective action report, the COR will notify the contractor that they are required to re-perform specific services. Services to correct should be performed within 60 days of request by the COR. Upon completion of the correction the Contractor shall provide the products to the PM and notify the COR of completion of the task.

1.6.3 The government may take action, if the contractor fails to perform the services again or to take the necessary action to ensure future performance is in conformity with the contract requirements. The government may (1) by contract, or otherwise, perform the services and charge to the contractor any cost incurred by the government related to the performance of such service or (2) terminate the contract in whole or in part.

1.6.4 The contractor is responsible to replace/repair any damage to government property due to negligence, at his or her own cost. The government may take action, if the contractor fails to replace/repair any damage to government property. The government may by contract, or otherwise, replace/repair damaged government property and charge to the contractor any cost incurred by the government to replace/repair any damage.

1.7 Hours of Operation. The contractor is responsible for conducting business, between the core hours of 0900-1700 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.8 Pre-Work Meeting. Prior to commencing any activities, the contractor shall arrange a Pre-work Meeting with the COR and PM. The Meeting shall discuss the work requirements, scheduling, and submittal process. At least one week prior to commencing work, the Contractor shall coordinate their proposed work schedule with the PM and COR.

1.9. Submittals. Prior to commencement of services, the Contractor shall submit the following documents to the PM and COR for review and approval:

a. List of who will perform work on this contract; and

b. Proof of Insurance for Contractors and Subcontractors.

1.10 Standards and Regulations. The Contractor shall perform to the standards in the contract and comply with all Local, State, and Federal Regulations during the services performed. The Contractor is responsible for ascertaining the extent to which these regulations affect the operations resulting from this contract. The Contractor shall comply will all applicable regulations. Applicable regulations include, but are not limited to the following:

a. Code of Federal Regulations (CFR), Title 36, Chapter III, Part 327, Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects EP 1165-2- 316 (http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2- 316.pdf?ver=2013-08-22-104526-670)

b. Engineering Manual (EM) 385-1-1 (USACE – Safety and Health Requirements Manual), dated November 2014;

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf

c. Occupational Safety and Health Standards (29 CFR 1910);

1.11 Physical Security

1.11.1 The contractor shall be responsible for safeguarding all government facilities, property, and materials provided for contractor use. The contractor shall secure at all times all government facilities, property, and materials. Specific security conditions may change based on threats to national defense and based on the risk of specific facilities to these threats. The contractor shall abide by these changing conditions at all times, as applicable.

1.11.2 Key Control. N/A

1.12 Antiterrorism/Operation Security Requirements.

1.12.1 Access and General Protection/Security Policy and Procedures. N/A

1.12.1.1 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 to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the change clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

1.12.2 Pre-screen candidates using E-Verify Program. The Contractor must pre‐screen candidates using the E‐verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements. The vendor must ensure that the candidate has two valid forms of government issued identification to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible candidates must be provided to the PM and COR no later than three (3) business days after the initial contract award.

1.13 Payment

1.13.1 The government will make payment monthly after the government has inspected and accepted the services, and the government has reviewed, approved, and processed the contractor’s invoice. The contractor shall submit the invoice to the COR and PM.

1.13.2 The contractor must provide the contractor’s name, address, contract number, period of services completed (i.e., for the month of January or for the period of performance of January 1 through February 23), CLIN number and specific quantities of work performed (i.e., 1 Month, 40 days, 100 acres, etc.), and total requested, for an invoice to be considered proper. The contractor shall submit the invoice by the fifth

(5th) day of the month for services completed the previous month or submit the invoice upon completion of all services, in accordance with the period of performance stated in the CLIN.

2.0 Definitions. The following definitions and descriptions apply wherever the word(s) or phrase(s) is/are stated in this PWS:

Acceptable Level of Performance (ALP): The maximum percent defective, the maximum number of defects per hundred units, or the number of defects in a lot considered satisfactory on the average. The allowable leeway or variance from a standard before the government will reject the specific service.

Contracting Officer’s Representative (COR): means an individual designated an authorized in writing by the Contracting Officer to perform specific technical or administrative functions.

Performance-Based Contract (FAR 2.101): Structuring all aspects of an acquisition around the purpose of the work to be performed with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes as opposed to either the manner by which the work is to be performed or broad and imprecise.

Performance Requirements Summary (PRS): The PRS shows contract requirements, the component requirements related to each contract requirement, the price of each work requirement as a percentage of the associated contract requirement (Fixed Price Contracts), the standard of performance, and the acceptable level of performance (ALP) for each work requirement.

Quality Assurance Surveillance Plan (QASP): An organized written document used by the Government for quality assurance surveillance. Document contains sampling/evaluation guides, checklists, and the performance requirements summary (PRS).

3.0 Government Furnished Items and Services

3.1 Services. N/A

3.2 Facilities. N/A

3.3 Utilities. N/A

3.4 Equipment. N/A

3.5 Materials. N/A

4.0 Contractor Furnished Items and Responsibilities

4.1 General. The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

5.0 Specific Tasks

The primary objectives of this contract are as follows:

· Provide expertise in developing technical components and assessments for the MRRMP, SAMP and their implementation of actions, research and monitoring for endangered species, including:

· Design or assessment of AM fish and bird experiments/actions (experimental design expertise)

· Design or assessment of fish and bird monitoring and assessment program (statistical expertise)

· Communications and reporting of program findings

· Provide expert input to AM process and organization through meetings, presentations, written reports, and information management products

· Documentation of new components into the SAMP and its revisions, along with previously developed components/tools developed as part of the MRRMP and effects analysis process.

· Author new elements to the SAMP (experimental designs, monitoring strategies,).

· Provide expertise in guiding direction and strategy regarding AM process.

5.1 Task 1 - In-person presence at MRRIC and AM Meetings / Workshops

The contractor shall attend and participate in-person the following meetings:

BASE YEAR:

· MRRIC Plenary (January 2023) - assumed to include 5 days (including travel time) for 4 people

· AM Workshop (February 2023) - assumed to include 5 days (including travel time) for 5 people

· MRRIC Plenary (May 2023) - assumed to include 5 days (including travel time) for 4 people

· Technical Team Meeting (April 2023) – assumed to include 4 days (including travel time) for 4 people

OPTION YEAR 1:

· MRRIC Plenary (November 2023) - assumed to include 5 days (including travel time) for 4 people

· AM Workshop (February 2024) - assumed to include 5 days (including travel time) for 5 people

· MRRIC Plenary (May 2024) - assumed to include 5 days (including travel time) for 2 people

· Technical Team Meeting (April 2024) – assumed to include 4 days (including travel time) for 4 people

OPTION YEAR 2:

· MRRIC Plenary (November 2024) - assumed to include 5 days (including travel time) for 4 people

· AM Workshop (February 2025) - assumed to include 5 days (including travel time) for 5 people

· MRRIC Plenary (May 2025) - assumed to include 5 days (including travel time) for 2 people

· Technical Team Meeting (April 2025) – assumed to include 4 days (including travel time) for 4 people

5.2 Task 2 - Participate in regular webinars and calls

The Contractor shall participate in regular planning webinars and planning calls as follows:

BASE YEAR:

· Fall Science Meeting in 2022 (or as soon as possible after award) – assumed 3 days by webinar for 5 people

· Fish Work Group and Joint Work Group Calls – assume 20 calls, 2 hours each for 2 people

· In Progress Review Meetings – assume participation in 4 calls for 2 hours each for 2 people

· AM Team calls - assume 40 calls, 2 hours each for 2 people

· Technical Team calls – assume 40 calls, 2 hours each for 2 people

OPTION YEAR 1:

· Fall Science Meeting in 2023 – assumed 3 days by webinar for 5 people

· Fish Work Group and Joint Work Group Calls – assume 20 calls, 2 hours each for 2 people

· AM Team calls - assume 40 calls, 2 hours each for 2 people

· Technical Team calls – assume 40 calls, 2 hours each for 2 people

OPTION YEAR 2:

· Fall Science Meeting in 2024 – assumed 3 days by webinar for 5 people

· Fish Work Group and Joint Work Group Calls – assume 20 calls, 2 hours each for 2 people

· AM Team calls - assume 20 calls, 2 hours each for 2 people

· Technical Team calls – assume 20 calls, 2 hours each for 2 people

5.3 Task 3 – Research, analysis, and development of annual AM Technical Team content

The Contractor shall participate on the AM team and TT, conducting TT activities as follows:

BASE YEAR:

1) Research, analyze and document the content required for the Fall Science Workshop and the AM Workshop in the AM Report.

2) Gather information from various sources to inform and prepare for the Fall Science Workshop.

3) Analyze biological and action effectiveness information to track program progress toward objectives.

4) Provide presentations of findings and interpretations during meetings and workshops.

5) Author and work with other authors to ensure contents are integrated appropriately and meaningfully in the AM Report with those of the Least Tern, Piping Plover, Pallid Sturgeon and Human Considerations as envisioned by the AM Plan. Afterwards, similarly prepare for the AM Workshop and finalization of the annual AM Report.

6) Support the development of an annual Strategic Plan.

OPTION YEAR 1:

Contractor shall perform all tasks outlined above.

OPTION YEAR 2:

Contractor shall perform all tasks outlined above.

5.4 Task 4 – Engage with Independent Science Advisory Panel (ISAP) on TT Products Contractor shall engage with ISAP on TT products in Discuss and Feedback processes, and review of products such as: Review of Final Monitoring Plans and Review of AM Framework type products.

BASE YEAR:

The MRRP AM processes require numerous web-meetings and/or face-to-face meetings with the ISAP and MRRIC work groups that generate clarification questions, explanation of research projects, and monitoring program outcomes. The contractor shall participate in these engagements (including TT process and ISAP reviews on monitoring plans and AM Report) and provide the USACE with a written report documenting the context of these calls/meetings. The PM or COR will provide the applicable timelines for delivery of these products.

OPTION YEAR 1:

In addition to base year activity the contractor shall participate in scheduled ISAP engagements and provide the USACE with a written report documenting the context of these calls/meetings. The PM or COR will provide the applicable timelines for delivery of these products.

OPTION YEAR 2:

In addition to base year activity the contractor shall participate in scheduled ISAP engagements and provide the USACE with a written report documenting the context of these calls/meetings. The PM or COR will provide the applicable timelines for delivery of these products.

6.0 Performance Requirements Summary. The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Para.

PRS #1

In-person presence at MRRIC and AM Meetings / Workshops

Paragra ph 5.1

PRS #2

Participate in regular webinars and calls

Paragra ph 5.2

PRS #3

Develop annual AM Technical Team analyses, modeling and reports

Paragra ph 5.3 Submittal of draft and final content in annual AM Report on the implementation schedule. Timely resolution of agency comments.

Provide draft and final on schedule and meeting quality standards Review and approval of documents by PM/COR

PRS#4

ISAP Review Process

Paragra ph 5.4

7.0 Attachments - None

Abbreviations