PWS_MontanaSnowpack Cultural Resource.pdf

PERFORMANCE WORK STATEMENT

CULTURAL RESOURCES INTENSIVE INVENTORY FOR THE PLAINS SNOWPACK AND

SOIL MOISTURE MONITORING NETWORK PROJECT IN BIG HORN, CHOTEAU,

CUSTER, FERGUS, JEFFERSON, JUDITH BASIN, LEWIS & CLARK, MEAGHER,

ROSEBUD, TREASURE, AND YELLOWSTONE, COUNTIES MT

06 August 2026

General:

This is non-personal services contract to provide cultural resource identification services for the Upper Missouri River Basin (UMRB) Plains Snowpack and Soil Moisture Monitoring Network Project in Montana. The contractor will provide the government to complete a Phase 1/Class III Cultural Resource Survey meeting the published standards of the Montana State Historic Preservation Office to meet the National Historic Preservation Act Section 106 Identification requirement of the funding of 26 automated weather stations. The estimated survey area totals 31 acres. Each station represents its own severable undertaking for the purposes of Section 106. The Government shall not exercise any supervision or control over the contract service providers performing the services herein.

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items to perform the activities defined in this Performance Work Statement (PWS), except for items specified as government-furnished property and services. The contractor shall perform to the standards identified in this PWS.

1. Background:

The purpose of this work is to meet the Department of the Army's federal preservation responsibility and gather data necessary to implement the UMRB Plains Snowpack and Soil Moisture Monitoring Network Project in Montana. The primary statutory purpose of this contract is to address the United States Army Corps of Engineers’ (USACE) responsibilities under Section 106 of the National Historic Preservation Act (54 U.S.C. 306108).

After the historic flood event in 2011 along the Missouri River, an Independent Review Team, the USACE and various agencies developed a framework for establishment of a UMRB Soil Moisture and Plans Snow and Soil Moisture Monitoring Network. USACE has partnered with State Mesonets to develop a network of automated weather stations that provide high definition weather coverage;

areas of just a few hundred square miles and time intervals of several times per hour. USACE is eager to expand this network by retrofitting existing mesonet sites, as well as adding new sites to the network. Before USACE can begin retrofitting or setting up new mesonet sites a Phase 1 Class III Cultural Resource Survey a must be completed.

Activities that have the potential to cause effects are site access, the construction and installation of new equipment, Natural Resources Conservation Service (NRCS) soil classification activities, and potential future maintenance and demobilization of equipment. The physical footprint of the monitoring station is a 35-foot diameter area protected with corral panel, chain link or barbed wire fencing secured with T-posts and wooden fence posts. Within this area, one 33-foot (10-meter) tower would be erected, replacing the existing smaller towers. There are three types of towers that could be utilized. Within Montana, 2-meter ground screw foundations for the tower and ancillary equipment are typically used.

Additionally, each location would need a weighing precipitation gauge with a 44-inch diameter shield atop an 18-x-18-x-32-inch concrete foundation or screw foundation. A 1-meter-deep post hole would be dug to place the soil moisture and temperature sensors. A 40-x-40-inch snow board would be placed on the ground below the snow depth sensor. Some trenching of conduit would be required from the tower to the precipitation gauge and snow depth sensors. The United States Department of Agriculture’s NRCS would conduct soil classification activities that may involve the opening of an 8-foot-long mini-excavator trench for the collection of in-situ soil clods before being backfilled. It can be anticipated that over the life of the project, routine maintenance activity would occur at the equipment location and that future situations may require the removal of equipment, demolition of pads, and rehabilitation of the station location.

The three-dimensional area of direct effects for each location is a horizontal circle measuring 0.02 acres (90-Meter2) extending to a depth of 1-meter and a height of 11-meters, or 1,080-meter3. To account for the potential effects of construction and installation of new equipment USACE has established a direct area of potential effects (APE) totaling approximately 30 acres. The potential indirect effects related to the proposed undertaking are exclusively visual in nature. The equipment does not produce appreciable sound, atmospheric change, nor are they expected to increase traffic to the area, as they are replacing existing stations. The visual impacts of the proposed upgrades are minimal. Assuming ideal visual conditions, the intrusion of the can be assessed using the Thales’ intercept theorem and associated mathematics, the apparent size of the proposed construction from 1-mile away would, in its maximum dimension, have a visual impact about 1/10th that of a matchbook stick held at arm’s length, occupying 17-arcminutes of one’s view. That is, visible, but not in any way intrusive. Moving in, a little closer than 1/3-mile the visual angle of the largest dimension approaches 1-degree, slightly larger than a 1-inch tall object viewed from 5-feet away (Figure 1). Based on these equations, the indirect effects APE is defined as 1/3-mile (531-meters) surrounding the direct effects

APE.

Visual angle = 2 × 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 ��𝑥𝑥 � /𝑦𝑦� where x=Object size, and y=Object distance x=36-ft, y= 1742.4-ft arctan(18/1742.4) arctan(0.01033) arctan= .5918

2*arctan=1.1836° =1°11’1” ≈ 1.2° x=1-in, y= 48-in arctan(.5/48) arctan(.01042) arctan= .597

2*arctan=1.194° =1°11’38” ≈ 1.2°

Figure 1. Indirect APE Calculations.

2. Objectives/Deliverables:

The contractor will execute Class III/Intensive survey for archaeological and architectural properties within 25 direct APE elements located throughout eastern Montana totaling approximately 30 acres.

Each direct APE element has a 1/3-mile indirect APE that shall be considered by literature results and observations from the direct APE element and no pedestrian survey is expected.

The following deliverables will support the objective:

2.1. Kick-Off Meeting

2.2. Work Plan

2.3. Fieldwork

2.4. Draft Report, electronic files/data

2.5. Final Report, electronic files/data

3. Scope:

This contract is to conduct and document a Phase 1 Class III cultural resources survey within the identified locations. After award of the contract, USACE will provide the contractor shapefiles that identify the inventory area shown in Technical Exhibit 1. Following completion of the inventory, the contractor will produce a report of the inventory as well as any appropriate resource forms and geospatial data for all encountered cultural resources. To the extent possible within the scope of this work, all resources shall be fully evaluated for National Register eligibility and recommendations of eligibility will be included in the report. If full evaluation requires research or recordation efforts beyond the scope of this work, the report should note what additional work is necessary to address the specific data need that to evaluate the site. All survey work shall meet the current guidance of the Montana State Historic Preservation Office. Three locations are located within the exterior boundaries of the Crow Reservation and work within this area will meet the standards of the Crow Nation Tribal Historic Preservation Office and the contractor will possess the appropriate permits and staff.

Following completion of the inventory, the contractor will produce a report of the inventory as well as forms and geospatial data for all recorded archaeological and architectural sites. The content of the report and associated material will follow the published guidance of the Montana SHPO (MT SHPO Consultation Guide version 260X.1 part 6.3.2, unless superseded).

3.1. Deliverables

3.1.1. Kick-Off Meeting – Contractor key personnel, excluding crew chief(s), shall meet with USACE via government provided Teams meeting or other mutually agreed upon video conferencing platform within 7 days of award to discuss invoicing, authorities, and execution of the contracted work. The meeting is expected to take between 0.5 and 1-hour, depending on the extent of questions and no travel is authorized.

3.1.2. Work Plan - The draft and final work plan will provide a detailed schedule for the background research, attaining permits and permissions, fieldwork, and report preparation.

The fieldwork details should include general equipment, staffing, and recordation plans, as well as examples of any standard field forms or procedures. Site-specific objectives will be developed in the following deliverable. The draft work plan should be submitted within 20 days of award. The Government will have a maximum of 14-calendar days to review and comment. The Contractor shall have 10 calendar days to correct and submit a final work plan if changes are necessary. The Government will have 5-calendar days to review and accept the final work plan. The contractor shall submit the draft and final work plan electronically to the COR. Following acceptance of the final work plan, the contractor may invoice for this deliverable.

3.1.3. Field Work – No fieldwork may begin until after the Government accepts the work plan.

The contractor shall comply with all Federal, Tribal, state, and local laws throughout the project.

The contractor shall conduct cultural resources monitoring by pedestrian survey. Survey teams shall consist of at least one SOI (Secretary of Interior)-qualified archaeologist.

Transect spacing should be no greater than 20-meters apart and should be recorded as conducted and provided with the geospatial data. Subject to the conditions of any site specific permit/permission, limited subsurface testing (i.e., trowel scaping or limited auger/shovel testing) outside of features for the purpose of assessing depositional potential is allowed at the SOI-qualified archaeologist’s discretion; however no formal subsurface testing (i.e., systematic shovel testing, test pits, etc.) is expected or allowed. Any artifacts identified during such testing will be recorded in the field. No artifact collection is permitted, all diagnostic or otherwise significant artifacts encountered shall be photographed and analyzed in the field and returned to their find location.

The contractor shall keep clear and legible field records. The contractor shall keep such field records up to date and make them available upon request. These records will include, but are not limited to, field notebooks, field maps, and photographs. Geospatial data should be accurate to within 1-meter, though transect data is acceptable at 3-meter accuracy.

The contractor shall submit weekly field progress reports to the COR. These progress reports will detail the activities completed during the week and the proposed activities for the upcoming week. At a minimum, these will include hours and personnel spent on each site during the week, any deviations from the approved plans, whether the objectives were met and if not why, encounters with the public, injuries/accidents/and near misses, and significant findings. For the coming week, the report should include the planned sites to be visited and any special concerns for the upcoming week. The contractor shall submit the progress report to the COR via email or other arranged method by the close of business every Friday.

3.1.4. Draft Report and electronic data - The Contractor shall prepare a comprehensive Draft Report, which will detail the work completed, the investigation results, site descriptions, National Register eligibility recommendations, and site forms for all archaeological and architectural resources. The contractor shall format the report to the standards identified below, except where a modification is necessary to meet the needs of a permitting agency and it has been approved by the COR. It is the contractor’s responsibility to coordinate and comply with any other review periods associated with their permits while meeting the contract timeline. The contractor shall submit the Draft Report, electronically, to the COR by DOD Safe or other agreed upon electronic means within 130 calendar days of the completion of award. The Draft report is expected to be complete and meet all quality standards. The Government will have a maximum of 14 calendar days to review prior to accepting the deliverable. Following acceptance, the contractor may invoice for the deliverable.

3.1.5. Final Report and electronic data – The contractor will correct any deficiencies noted in the draft report and electronic data. The contractor shall submit the Final Report, electronically, to the COR by DOD Safe or other agreed upon electronic means within 165 calendar days of the completion of award. The contractor shall be responsible for providing any other copies as required by their permitting parties (if applicable). The Government will have 14-days to review the deliverable. Following acceptance, the contractor may invoice for the deliverable.

3.1.6. Report Structure

USACE will provide a template for the report structure at the contractor’s request.

3.1.6.1. META-F Form Required Montana SHPO Report form should be included as separate document from the main report.

3.1.6.2. Cover Page. This will contain the title, study type, location, project name, name of counties, report date, name and address of Contractor, author/Principal Investigator name and signature, and USACE contract number. This page will also state whether the report is a draft or final.

3.1.6.3. Front Matter. To include table of contents, table of figures, and table of tables.

3.1.6.4. Abstract. This is a brief synopsis, not to exceed 150-words, of the work conducted, number and types of cultural resources recorded, overall significance of the cultural resource sites, and a summary of the management recommendations.

3.1.6.5. Project Summary. Identify USACE and the Contractor, the purpose for the investigation, project background, discussion of how the APE was defined, and tables identifying the APE elements with their county, PLSS location, Acres, USGS map name, planned station location, ownership, and figure number of the associated 1:24,000 scale map.

3.1.6.6. Background. This section will be divided into subsections for each APE element and, if cultural resources are identified, as section for applicable historic contexts.

Each APE element subsection should include a description of the locations, including physical features and terrain, past and present vegetation and fauna, field conditions, and past and present land uses, a summary of previous research and survey in the area and results summary from the File Search conducted for this undertaking, and references to maps and photos, as appropriate.

If cultural resources are identified, an historic context subsection should be included.

The subsection shall be scaled and targeted to the resources encountered in the survey and divided into an overview of the evaluatory framework and as many themes as necessary to evaluate the resources.

3.1.6.6.1. Historic Context. The Historic Context will generally follow the four-part division described in the Nevada Bureau of Land Management’s Guidelines and Standards for Archaeological Inventory (BLM 2019:17) to meet steps 2–5 of the evaluation process outlined in National Register Bulletin 15 (NPS 1997:3) and the Secretary of the Interior’s Standards and Guidelines for Evaluation (48

FR 190 [29SEP83]: 44723–44725).

Section one is the Prehistoric and Historic Overview, consisting of an archival review of pertinent data sources (e.g., reports, published articles and books, ethnographic literature) appropriate to the resource encountered. The purpose of this section is to orientate the reader to the context of the resource and ground resource themes and questions within contemporary literature.

Section two is the Research Themes, which are broad topics addressed through scientific analysis of data recoverable through pedestrian inventory and through more detailed future scientific investigations. Research Themes can encompass prehistoric or historic demography, culture contact, chronology, subsistence, early 20th century mining, large-game hunting strategies, etc. Each research theme draws down into research questions. This subsection should provide the cold reader with a cursory understanding of what is known about these themes and justify the importance of the following section’s Research Questions (Criterion D). Likewise, the significance of any event or pattern (Criterion A) or important person (Criterion B), or material technique (Criterion C) used in the evaluation and eligibility recommendations should be established here.

Section three is the Research Questions. are specific, socially or scientifically relevant questions that address the research themes and not prejudiced to the eligibility or non-eligibility of identified sites. For example, under a Subsistence Theme, relevant research questions could include: (1) do changes in subsistence patterns through time suggest that foragers in the region broadened or restricted their diet in relation to changing climatic patterns?; (2) when do we see initial evidence for communal large game hunting? etc. Outside of Criterion D, Research questions should identify significant events and necessary relationships for Significance under Criterion A, Specific personages and necessary relationships for Significance under Criterion B, and Specific architectural or engineering features and necessary relationships for Significance under Criterion C. Each research question is supported by Data Requirements that a property must possess to address the question.

Finally, Data Requirements are characteristics sites must possess in order to address and answer specific research questions. The discussion on Criterion D datasets within National Register Bulletin 36 (Little et al. 2000: 31–33) is instructive.

3.1.6.7. Survey Methods. Present the procedures used to accomplish the work. Discuss how the fieldwork was organized and scheduled. Identify individuals who supervised and participated in field work, indicate the date range and team(s) when the survey was completed. Detail the methods used to analyze the data examined in the field.

Describe survey techniques employed and the rationale for the use of those techniques for this survey. Any instances in which different techniques were used in different areas of the project, that must be documented in narrative and map.

3.1.6.8. Results. The results section shall consist of APE element specific results and resource specific discussion for cultural resources located in the APE. The APE element specific results should begin with a summary of the total survey results before subsections for each element are discussed. These should include the content requirements of the SHPO suggests for the Survey Methods section (MT SHPO Consultation Guide 260X.1 Part 6.3.2, V.) that were not universally established in the previous section. At least two overview photographs for each APE element should be included in the report.

The resource specific discussion should generally follow the results and recommendations section guidance (MT SHPO Consultation Guide 260X.1 Part 6.3.2, VI.) for each cultural resource recorded. The resource specific discussions shall be ordered by site number and include the area of significance (period and context), resource type (site, structure, building, etc.), significance period, summary of significance (include significance criteria, level of significance, and statement of eligible/not eligible for listing), description, if applicable an historical background discussing any site specific archival results that bear on the evaluation, assessment of significance (ordered by national register significance criteria and grounded in the research questions established in the historic context), integrity assessment, and summary statement. Include at least two overview photographs of the resource and photographs of any key artifacts and features. Reference any relevant maps, photos, or other appendices and attachments as needed.

3.1.6.9. Summary. A brief (1–2 paragraph) summary including date range of surveys, approximate survey acreage, number or resources identified, and APE elements specific finding recommendations. If find recommendations are sufficiently complex, a table may be used.

3.1.6.10. Management Recommendations. Include a statement with recommendations for avoidance, additional work, and mitigation as appropriate. Assuming the implementation of these stipulations, recommend a finding of No Effect or No Adverse Effect for the overall project.

3.1.6.11. References. Use the American Antiquity format for every publication, work, or interview cited in the report.

3.1.6.12. Appendices. Appendices may be used for maps (1:24,000 scale APE element topographic showing the direct and indirect APE, GLO plats, transect maps showing the survey coverage and any survey gaps at an appropriate scale, etc.), photographs, and/or reproduction of archival documents. An appendix or appendices of restricted data must be used to minimize sensitive data within the main body of the report. The appendix must be marked CUI in accordance with National Archives and Records Administration’s CUI Handbook dated 2016-12-06. Information to be kept in the restricted appendices include: Background maps generated from the results of the File Search conducted for this project, site sketch maps, 1:24,000 scale topographic maps showing new site locations, any photographs that—if made public—may jeopardize a cultural resources site.

3.1.7. Report Formatting - The reports will be prepared using word processing software. The reports will be divided into easily discernible chapters, with appropriate page separations and headings. The report text will be single spaced, in professional font between 10 and 12 point, left justified, and not using columns. The pages will be 8.5 inches by 11.0 inches, with 1.5 inch inside margins and 1 inch top, bottom, and outside margins. The report will use correct English grammar, and there will be no typographical errors. The documents will be edited for major spelling and grammatical errors before submittal for review and comment or it will be returned for correction. All pages will be numbered consecutively, including the bibliography and attachments. Any illustrations that might be done must be clear, legible, self-explanatory, and of sufficiently high quality to be reproduced easily by standard photocopy equipment. All photographs and maps shall be clean, clear, and easily reproducible. Maps must be labeled with a caption/description and will contain a scale, north arrow, legend, township and range, map size and date, and map source (USGS quad name or published source). The features to be illustrated, such as anomalies, shall stand out clearly against the other features on the map. Maps, photographs, and figures will meet the published guidelines of the Montana SHPO. All photographs shall be of good composition and identified as to subject, location, and date.

3.1.8. Electronic Data Requirements

3.1.8.1. Electronic Data: Collected and generated geospatial raster/vector data will comply with Federal Geospatial Data Standards, including the Spatial Data Standards for Facilities, Infrastructure, and Environment (SDSFIE) and National Standard for Spatial Data Accuracy (NSSDA) where applicable. Associated metadata will comply with Federal Geographic Data Committee Content Standards for Digital Geospatial Metadata. All raw geospatial raster/vector data collected shall be delivered in its collected coordinate system. All processed geospatial data shall undergo appropriate quality control and be delivered in NAD 1983 (2011) State Plane Montana FIPS 2500 (Meters) Projected Coordinate System. Both raw and processed geospatial data will be provided in a format compatible with Esri ArcGIS Pro. The contractor shall all graphics for the report, such as maps, drawings, pictures, etc. in standard graphics formats such as .GIF, tiff, jpeg, .png, etc. File names shall be under 75 characters in length. Documents (report and forms) shall be provided in .docx and .pdf format. All field records shall be scanned and provided in pdf form with the electronic data. All final information and data shall be submitted on an archival quality optical disc or approved alternative, which will become USACE property. Draft electronic materials will be accepted through DOD SAFE or other agreed upon electronic file transfer program.

4. Period of Performance:

The period of performance will be a 6-month (180 day) period for the contract.

5. Method of Payment Payment for services rendered will be made as follows:

5.1. Kick Off Meeting and Work Plan (20%)

5.2. Draft Report: electronic files/data (50%)

5.3. Final Report: electronic files/data and hard copies (30%)

6. General Information:

The Contractor is expected to pursue the study in a professional manner to meet the target dates.

Neither the Contractor nor their representatives will release or publish any sketch, photograph, report, or other material of any nature obtained or prepared under this contract without specific written approval of the Contracting Officer's Representative. The Government may, at any reasonable time, inspect the progress of the work.

Such inspection, however, shall not be performed in such a way as to unduly affect the progress of the work. Final acceptance of the work will be made upon successful completion of the work required under the contract.

7. Quality Assurance:

The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). The government’s quality assurance is not a substitution for the contractors quality control.

8. General Safety Requirements:

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).

9. Hours of Operation:

Based off of the contractors needs to accomplish this scope of work.

10. Recognized Holidays:

The contractor shall develop their work schedule based on the services listed in the PWS.

11. Place of Performance:

The work to be performed under this contract will be performed at the contractor facility and study areas on private lands located in Big Horn, Choteau, Custer, Fergus, Jefferson, Judith Basin, Lewis & Clark, Meagher, Rosebud, Treasure, and Yellowstone Counties, Montana.

12. Security Requirements:

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 prior to ensure the correct information is entered into the E-Verify system. An initial list of verified/eligible candidates must be provided to the Government Representative no later than 3 business days after the initial contract award.

13. Physical Security:

The Contractor shall be responsible for safeguarding all government material and information provided for contractor use.

14. Award Conference/ Periodic Meetings:

The Contractor may be required to have periodic meetings to discuss project progress.

15. Special Qualifications:

The minimum professional qualifications for the Principal Investigator and any crew chiefs are those given in 36 CFR Part 61, Appendix A - Professional Qualifications. personnel not covered in this CFR who are hired or subcontracted for their special knowledge and expertise must carry academic and experiential qualifications in their own fields of competence. Such qualifications are to be documented by means of vitae or resume attachments submitted with the proposal or at a later time if the consultant has not been retained at the time of proposal. The Principal Investigator must periodically check on the progress of the work each week and be available to advise or instruct personnel should any problems develop. The minimum qualifications for Geographic Information Systems Specialist are a bachelor’s degree in GIS, geography, computer science, or a minimum of five years related experience. Such qualifications are to be documented by means of a vitae or resume attachments submitted with the proposal.

The Government may send a representative to inspect the various phases of the operations and review project records without prior notification. All aspects of the field examination shall be conducted by http://www.dhs.gov/E-Verify http://www.dhs.gov/E-Verify or under the direct supervision of a qualified archeologist. Any change in personnel after the award of contract must be approved by the Contracting Officer. A person replacing a vacated position must have a comparable background and knowledge of the study area to maintain the same level of expertise and quality of performance. Failure to make an acceptable replacement could result in cancellation of the contract.

16. Post Award Conference/ Periodic Meetings:

The Contractor maybe required to participate on conference calls and meetings post award. The Contractor may be required to attend a pre-fieldwork meeting before fieldwork may begin.

17. 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, 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.

18. Key Personnel:

The following personnel are considered key personnel by the government: Principal Investigator, Project/Program Manager, and Crew Chief(s). Key personnel shall be identified before contract award. The Contractor shall provide a contract manager who shall be responsible for the performance of this work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the contracting officer. The manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 08:00 and 15:00 Central Time., Monday thru Friday except Federal holidays. All personnel and vita/credentials shall be identified in the Work Plan.

19. Contractor Travel:

The Contractor may be required to travel for the Literature and Records Search and during the Field Investigations. This travel schedule shall be determined by the Contractor and identified in the Work Plans. The Contractor will be required to travel for field surveys. No in-person meetings are required.

20. Data Rights:

The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents, data and materials may not be reproduced, disclosed, used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the

Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

21. Organizational Conflict of Interest:

Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of information or analyses, which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

PART 3: GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, 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: Upon Contract Award the USACE will provide GIS Shapefiles of the inventory area. Upon request, USACE will provide a report template and past survey reports for this program for reference.

PART 4: CONTRACTOR FURNISHED ITEMS, RESPONSIBILITIES AND SERVICES

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.

4.2 Secret Facility Clearance: N/A

4.3 Materials: The Contractor shall provide all necessary materials and related services necessary to research and prepare a final inventory report.

4.4 Equipment: The Contractor shall provide all necessary equipment meet the requirements identified in the PWS.

PART 5: ATTACHEMNT 1 – TECHNICAL EXHIBIT(S)

5.1 TECHNICAL EXHIBIT 1: Contract Performance Requirements.

5.2 TECHNICAL EXHIBIT 2: Deliverable Schedules.

5.3 TECHNICAL EXHIBIT 3: Survey Elements.

5.1 TECHNICAL EXHIBIT 1: Contract Performance Requirements

Performance Objective Standard Threshold Method of Surveillance Work Plan The draft and final work plan will provide a detailed schedule for background research, attaining any permits and permissions, fieldwork, and report preparation

-Schedule will be consistent with the requirements of the PWS and realistic.

(Substantive).

-Proposed work will meet the intention of the contract (Substantive).

-Plan demonstrates strong understanding of contract requirements (Substantive).

-Plan is well formatted and free of typographical errors.

-Zero deviation from Substantive Standards.

-No typographic errors that alter the meaning of the document.

-Formatting and typographical errors do not distract from document.

-100% Inspection of Deliverable.

Field Investigation The contractor shall conduct field work in accordance with the PWS, approved work plan, and field strategy. The contractor shall submit weekly field progress reports to the COR by close of business each Friday during fieldwork.

-SOI Qualified person exercising supervision during fieldwork (Substantive).

-Transect spacing appropriate (Substantive).

-Work conducted in accordance with plan or reason for deviation justified and documented (Substantive).

-Weekly field reports submitted, meeting the requirements of the PWS, well formatted and without significant errors.

-Field records are legible and up to date.

-Photos well composed and consistent with objectives.

-Zero deviation from Substantive Standards.

-Weekly reports no more than three days late.

-Weekly reports not late more than twice.

-Field records occasionally sloppy/illegible but overall records capable of demonstrating fieldwork and documenting results.

-Some photos may be waste or poorly composed, but overall photographs capable of meeting state standards and PWS requirements for report and site forms.

-100% Inspection of Deliverables -Random Inspection of field records and raw spatial data.

Draft and Final Documents The Contractor shall prepare a comprehensive Report, which will detail the work completed, the investigation results, National Register eligibility recommendations, and an appendix of updated site forms.

-The report meets all content requirements of the PWS (Substantive).

-The evaluations are complete, logical, and well written (Substantive).

-All site forms correct and complete to the appropriate state standards and guidelines (Substantive).

-Print documents are on appropriate paper, complete, printed

-Zero deviation from Substantive Standards.

-No significant deviation from the formatting requirements without prior approval from the

COR.

-Zero grammar and typographical errors affecting the meaning of the document.

-Minimal other grammar or typographic errors not detracting from the

-100% Inspection of Deliverables correctly, and undamaged (Substantive).

-Report written with correct English grammar and free of typographical errors.

-Report meets all formatting requirements of the PWS.

readability of the document.

Electronic Files Electronic files consisting of the draft report, associated forms, photographs, scanned field records, and geospatial data shall be provided at the Draft and Final Document milestones

-Per the PWS.

-Zero Deviation from Standard without prior approval.

-100% Inspection of Deliverables

Other (Invoicing) The contractor shall invoice per Section 6 of the PWS

-Invoice is accurate -Invoice is complete -Invoice is for an accepted deliverable

Standard

-100% Inspection of Invoices

Other (Trafficking in Persons) Contractors, contractor employees, subcontractors, and subcontractor employees from engaging in trafficking in persons during the period of performance of the contract.

-FAR Clauses 22.17 and 52.222-50 -DFARS Clause 222.17.

Standard

-Complaint

5.2 TECHNICAL EXHIBIT 2: Deliverable Schedules

Deliverable Schedule Window Opens Schedule Deliverable Due Payment Value Kick-Off Meeting Award NLT Award +14 days --- Work Plans Completion of Kick-Off Meeting NLT Award +20 days 20% Field Investigation Acceptance of Work Plans ---

Draft Report Field Investigation completed NLT Award +130 days 50% Final Report Acceptance of draft report. NLT Award +165 days 30%

5.2 TECHNICAL EXHIBIT 3: Survey Elements

Site Name Latitude Longitude County Est. Acres Note:

E Helena 46.58835 -111.86144 Lewis & Clark 1.00 S Fork Smith 46.44377 -110.93943 Meagher 1.22 Rader Elk Creek 46.65689 -111.23816 Meagher 1.00 Knerrville 47.38639 -110.43602 Judith Basin 1.00 Surprise Creek 47.16821 -110.32639 Judith Basin 1.00 Judith Landing 47.75751 -109.67383 Choteau 1.00 Elk Creek Tyler 46.87867 -108.86161 Fergus 1.30 Tullock School 46.06813 -107.39998 Treasure 1.18 Beaver Creek 46.87284 -109.46174 Fergus 1.00 Canyon Creek 46.80139 -112.19409 Lewis & Clark 1.00 Elkhorn Creek 46.20154 -111.96491 Jefferson 1.00 Craig 47.08811 -111.98291 Lewis & Clark 3.34 Spring Creek Divide 45.81297 -105.21366 Custer 1.00 Moon Creek Rd 45.93407 -106.13346 Custer 1.02 Kingley E 45.94487 -107.52531 Big Horn 1.58 Youngs Creek 45.17982 -107.13041 Big Horn 1.00 Crow Reservation Hay Coulee 45.80981 -106.52128 Rosebud 1.00 Fly Creek 45.91689 -107.97017 Yellowstone 1.00 Saint Xavier 45.46418 -107.75101 Big Horn 1.12 Crow Reservation Big Spring Creek 47.09230 -109.52157 Fergus 1.00 Hoskins Basin 46.09457 -108.47795 Yellowstone 1.00 Castle Butte 46.16044 -107.99794 Yellowstone 1.25 Sumatra 46.63929 -107.58201 Rosebud 1.04 Fort Smith 45.30443 -107.91236 Big Horn 0.96 Crow Reservation Fergus 47.34958 -109.07570 Fergus 1.51 Forsyth N 46.43226 -106.63980 Rosebud 1.00