Q&A Clean.docx

1. Q: Is the subgrantee and its construction contractor responsible for archeological monitoring?

A: The NEPA/NHPA contractor will be responsible for developing and implementing environmental management plans or archeological monitoring plans as required and monitoring the subgrantee’s compliance with environmental laws and regulations.

2. Q: (In reference to GAO announcement in December) There is a 60-day response deadline from the time Commerce/NTIA submits data to Congress. NTIA may know best when this 60-day clock begins, but that might be the end of February. Is that the case?

A: Per NTIA, the GAO announcement will have no impact on NEPA, and therefore NTIA does not expect any NEPA processes to change, regardless of the timeline of any GAO procedings.

3. Q: Will contractors be responsible for creating their own archeological predictive model across the state of Washington or can we use existing predictive models supported by the SHPO?

A: Per DAHP website, access to the Washington Information System for Architectural and Archeological Records Data (WISAARD) is available by registering for a Secure Access Washington (SAW) account and completing the form for WISAARD. Link below. Existing documents supported by the SHPO are acceptable.

https://dahp.wa.gov/project-review/wisaard-washington-information-system-for-architectural-and-arch…

4. Q: How many reviews of the EAs do you anticipate? Will any EISs come from it?

A: WSBO is unable to determine how many EAs or EISs are anticipated. There are currently 236 project areas that will need to be reviewed and have the possibility of an EA or EIS outcome. Below is a flowchart to better show when an EA or EIS will be required. WSBO anticipates most of our project areas will be eligible for a CatEx, although that determination will depend on whether the project design and routing creates an extraordinary circumstance.

5. Q: Will SHPO support an accelerated service level for all BEAD applications, or will participants need to get on their calendar?

A: WSBO is unable to answer on behalf of DAHP, however, we have reached out to DAHP to open discussion on this topic.

6. Q: Do we need to break out types of labor/crews/etc. in our proposals? It is not clear how bid proposals should be structured in this regard.

A: Yes, all labor categories should be defined in your cost proposal with hourly rates to include labor/crews/etc. with an anticipated number of hours for each labor category. Reimbursement under the contract will be based on actual costs incurred. Please see Identification of Costs section of the RFP.

7. Q: What are the anticipated amounts or percentages of site visits?

A: WSBO has reviewed all NEPA guidance and requirements from NTIA to date and does not see a requirement for site visits. Please see the link below for the most current NTIA NEPA guidance. If a site visit is required for any reason, it would be on a case-by-case basis.

NEPA for BEAD Smart Start Part II: How to Approach and Implement BEAD Subgrant Permitting Conditions

8. Q: Is it possible that line items are contested between WSBO and NTIA?

A: After discussion with our FPO, it is WSBO’s understanding that at this time, there is no defined process for NTIA to contest line items submitted by WSBO. We do not expect disagreements between WBSO regarding the information provided, though NTIA may request additional information if required information is missing.

9. Q: Will all materials for a project come from the subgrantee? Survey reports, GIS maps, background work, etc., or is this the responsibility of the contractor? What is the subgrantees’ responsibility vs. other entities? Who needs to do cultural resource survey?

A: Subgrantees are required to provide engineering and design documentation and other materials of the sort. Survey reports will be executed by the NEPA consultant. Subgrantees will be required to submit required project plans and designs. The NEPA/NHPA contractor will then use that information and documentation to complete the 21-02 or Section 106 as required.

10. Q: Regarding the Diverse Business Inclusion Plan described in Section 2.7, are all small and 8(a) businesses required to submit this plan with the proposal?

A: Yes, all proposers, including diverse owned firms, are required to submit a Diverse Business Inclusion Plan.

11. Q: Should we structure our proposal on a cost per year, showing anticipated adjustments?

A: This is not required, although it would be helpful for the evaluation team to see costs broken down per year of the contract.

12. Q: Are subgrantee agreements going to be finalized before this contract starts?

A: WSBO does not expect subgrantee agreements to be finalized until after the start of this contract, when WSBO receives approval from NTIA and NIST.

13. Q: Section 1.1 states that there are 236 Broadband Equity Access and Deployment (BEAD) project areas but only 170 BEAD project areas will require NEPA.

a. For the purposes of pricing, should contractor proposals assume 170 BEAD projects will require NEPA review?

A: WSBO believes 170 BEAD projects will require full NEPA review, but all LEO awarded project areas will still be required to be entered into ESAPTT. Proposers should price with the understanding that this will be a requirement of the contractor.

b. Will all 236 BEAD projects require Section 106 review and consultation?

A: SHPO requires a professional archaeological monitoring plan and unanticipated find plan for each BEAD project area, with the exception of LEO funded projects. Therefore, WSBO anticipates 170 projects to require Section 106.

14. Q: Have all of the BEAD subrecipients been selected?

A: All recipients have been selected, pending NTIA approval.

15. Q: What is required of the remaining 66 BEAD project areas?

A: The remaining 66 BEAD project areas, which are LEO awarded projects, will be required to be entered into ESAPTT. Please see below link for NTIA guidance for NEPA and NHPA for LEO projects.

BEAD Guidance on NEPA and NHPA for LEO Satellite Service - October 2025

16. Q: For pricing purposes, how many of these project areas are eligible for Categorical Exclusion (Cat Ex)?

A: WSBO anticipates majority of our project areas will be eligible for a CatEx, although that determination will depend on whether the project design and routing creates an extraordinary circumstance. See question 4 above.

17. Q: All projects – LEOs, Categorically Excluded, EA, EISs – go through the entire Section 106 process even if no ground disturbance is planned due to potential visual, auditory, etc. impacts. Under this assumption, how many total projects will require Section 106 review and write-up?

A: SHPO requires a professional archaeological monitoring plan and unanticipated find plan for each BEAD project area, with the exception of LEO funded projects. Therefore, WSBO anticipates 170 projects to require Section 106.

18. Q: Do the Section 106/NHPA tasks required under this contract only include document review (desk audit) and no fieldwork or cultural resources survey?

A: No, it is not only document review (desk audit). Cultural resources surveys and fieldwork will be completed by the selected contractor as required. Please see question 9 above.

19. Q: Will the contractor solely rely upon grantees provided information concerning cultural resources surveys, sacred sites, and site NR eligibility determinations when assessing proposed project impacts?

A: No, the contractor will be expected to also work with DAHP.

20. Q: Will archaeologists be responsible for uploading all Section 106 documents into the ESAPPT online portal and coordinating the NHPA compliance with NEPA compliance?

A: WSBO anticipates Section 106 documents will need to be uploaded into ESAPTT. However, the tool is not live at this time, so we cannot speak to how it works exactly. Yes, the contractor will be responsible for coordinating NHPA and NEPA compliance.

21. Q: Regarding the Endangered Species Act, particularly Section 7 and for pricing purposes, how many projects does WSBO anticipate will be beyond those listed in Appendix A “Broadband Deployment Activities Exempt from Endangered Species Act Section 7 Consultation” and will be required to undergo formal Section 7 Consultation with the U.S. Fish and Wildlife Service?

A: WSBO is unable to estimate the number of projects that will require formal Section 7 Consultation. Please see link below for NTIA guidance on Section 7 compliance.

NTIA's Guide to Streamlined Endangered Species Act (ESA) Compliance for Broadband Deployments

22. Q: Regarding the Clean Water Act, particularly Sections 401 and 404 and for pricing purposes, how many projects does WSBO anticipate will require wetland delineation and mitigation?

A: WSBO is unable to estimate how many projects will require wetland delineation and mitigation, as this will be determined by the subgrantees’ project plans and designs.

23. Q: For pricing purposes, how many of these project areas will require an Environmental Assessment and how many will require an EIS?

A: WSBO is unable to determine how many EAs or EISs are anticipated, however, 236 project areas will need to be reviewed and have the possibility of an EA or EIS outcome. Please see question 4 above.

24. Q: Will the Contractor be responsible for all consultation activities associated with the BEAD projects- with SHPO, Tribes, Stakeholders, USFWS and USACE?

A: Per NTIA guidance, NTIA will be handling all Tribal communications. However, the selected contractor will be responsible for consultation activities with all other parties mentioned above.

25. Q: Will the Contractor be responsible for determining which projects are exempted as LEO Satellite projects? How many of these are expected?

A: No, the LEO projects are determined by WSBOs Final Proposal and NTIA approval. However, LEO projects are not exempt from being entered into ESAPTT. See questions 13 and 15 above.

26. Q: How is “does not have control over the outcome” defined? Has SHPO agreed to this?

A: WSBO is unsure what this question is referring to and is unable to answer appropriately at this time.

27. Q: Will the Contractor be an authorized organizational representative (AOR) or a NEPA Standard User for all BEAD projects?

A: The contractor be a NEPA Standard User for all BEAD projects.

28. Q: Will the Contractor be responsible for acquiring the Resolution of Consent from Tribal entities when BEAD project cross or touch Tribal lands?

A: No, it is WSBO’s understanding that NTIA will be responsible for this. Any additional Tribal outreach required will come from WSBO and not the NEPA Contractor.

29. Q: Will the Contractor be responsible for creating the archaeological probability predictive model for BEAD projects across the state of WA?

A: Per DAHP website, access to the Washington Information System for Architectural and Archeological Records Data (WISAARD) is available by registering for a Secure Access Washington (SAW) account and completing the form for WISAARD. See question 3 above.

30. Q: Section 1.2 describes NEPA reviews. For the purposes of providing a firm fixed price cost proposal, how many reviews will be required?

A: All project areas will require NEPA review at various levels and be entered into ESAPTT. There are currently 236 projects areas.

31. Q: What is the anticipated Level of Effort required for coordinating with broadband stakeholders?

A: Standard NEPA Business Practices level of effort is required for coordinating with broadband stakeholders.

32. Q: How many BEAD grant recipients’ project plans and designs will be required to be reviewed during the Period of Performance (PoP)?

A: WSBO anticipates at least one review per project area. There are currently 236 project areas.

33. Q: Will the desired qualification requirements be used to score proposals?

A: Desired qualifications are considered as part of the overall evaluation, but they are not scored. All scored elements of the proposal are identified in the RFP.

34. Q: How is NHPA addressed in the NEPA process when using Cat Exs? Cat Exs are part of the NEPA process and do not apply to the NHPA/Section 106 process. NHPA must be completed before NEPA can proceed.

A: NHPA and Section 106 are required for all project areas. CatExs do not apply to NHPA. Please see link below for guidance regarding NHPA and NEPA.

NHPA Section 106 Consultation Process Fact Sheet

35. Q: How many meetings will the Contractor be required to attend? Are these virtual or in person?

A: WSBO does not have a required number of meetings. Meetings will be required as needed to complete all requirements of the RFP. Meetings are currently expected to be virtual unless a specific need arises for an in-person meeting.

36. Q: Section 3.3C Project Schedule. This section requires a project schedule indicating elements of the work and deliverables to be completed. Please identify the elements of the work and deliverables to be included in the schedule.

A: As the NEPA/NHPA specialist, please submit an estimated schedule that outlines all requirements of the RFP for the entirety of the contract.

37. Q: Section 3.3A Project Approach/Methodology. This section requires a complete description of the proposed approach and methodology. Please identify the tasks that will be required to complete the NEPA and Section 106 portions of this contract.

A: In this section, WSBO will be looking for a technical description of how the contractor proposes to execute the Scope of Work outlined in Section 1.2 of the RFP.

38. Q: Section 3.3D Outcomes and Performance Measurement. This section requires a description of the impacts and outcomes to be monitored, measured and reported to COMMERCE. Please identify the impacts and outcomes to be measured and reported so those can be included in the price proposal.

A: WSBO is looking for how the contractor will track accomplishments and measure performance throughout the contract and how that information will be reported back to us.

39. Q: Section 3.3F Deliverables. Please identify the NEPA deliverables that will be required under this contract.

A: Please list any deliverables proposed by the contractor in response to the required Scope of Work described in section 1.2 of the RFP.

40. Q: Section 3.5 Cost Proposal. Please identify if this will be a Firm Fixed Price, Time and Materials, or Cost Reimbursable contract and identify all of the deliverables that the cost proposal should include for pricing.

A: Commerce intends for payments on this contract to be on a reimbursement basis for allowable costs as costs are incurred. However, proposers are expected to price out labor costs as described above in question 6, and all other costs that are not associated with labor on a fixed-price basis. For example, proposers can price out ESAPTT entries at a fixed rate, etc.

41. Q: Regarding Section 3.5 Cost Proposal. This section states: “The State Broadband Office will compensate contractors based upon the actual crew and hours worked.” Does this mean that this will be a time and materials contract?

A: No, this is a reimbursement contract. All invoices will be on an actual cost incurred and allowable costs basis.

42. Q: Section 1.5: Please describe the additional monitoring task and the Proposer’s role. Typically, the BEAD Subgrantee conducts required monitoring during and after project construction as part of their project implementation compliance.

A: This additional monitoring refers to the 4-year contract period and whether monitoring will be required beyond that period of performance. If so, Commerce can extend the contract up to two additional one-year periods.

43. Q: What supporting resources from the Washington State Broadband Office (WSBO) will be provided? Specifically, are WSBO project managers assigned to work with the BEAD Subgrantees?

A: WSBO intends to work closely with the selected contractor to provide any guidance and support as needed throughout the period of performance of the contract. Yes, WSBO has project managers assigned to work with BEAD Subgrantees.

44. Q: Does the WSBO have a person on their team overseeing permitting responsibilities?

A: WSBO does not have a designated team member overseeing permitting responsibilities.

45. Q: Will the Proposer be responsible for overseeing and reviewing BEAD Subgrantees’ compliance with Washington’s State Environmental Policy Act (SEPA)? Will WSBO and/or Proposer conduct pre-application meetings?

A: No, the proposer will not be responsible for overseeing and reviewing BEAD Subgrantees’ compliance with SEPA. However, per the scope of work in section 1.2 of the RFP, the proposer is required to synchronize with State and local environmental review and permitting processes to an extent practicable. This RFP does not include SEPA requirements by the contractor, the contractor will not be required to conduct pre-application meetings.

46. Q: Will BEAD Subgrantees prepare NEPA documents, SEPA documents and permit applications?

A: BEAD Subgrantees will be required to complete SEPA documents and permit applications. NEPA documents are required under this contract and therefore the responsibility of the selected contractor.

47. Q: Does WSBO expect the awarded contractor to generate NEPA and NHPA documents, or will the subgrantees do so? Will it be the awarded contractor's role to advise and improve those documents? Please confirm that if the subgrantees provide NEPA and NHPA documents, they will have their own NEPA and NHPA specialists, and the awarded contractor's role will be to facilitate submission of the documents.

A: Yes, the awarded contractor will be expected to generate NEPA and NHPA documents, as well as review other documentation and information provided by the subgrantee that are required for their project area. The subgrantees will not be expected to have their own NEPA/NHPA specialists. However, subgrantees will be required to complete the Governors Executive Order 21-02 or Section 106 review as applicable. However, subgrantees will be required to submit required project plans and designs. The NEPA/NHPA contractor will then use that information and documentation to complete the 21-02 or Section 106 as required.

48. Q: From NTIA’s presentation “Overview of NEPA, Categorical Exclusions, and Extraordinary Circumstances”, dated July 24, 2024, slide 12. FirstNet CatEx B.3 looks very broad, could apply, and might simplify. Can you check with NTIA FPO on this?

A: Yes, this is a categorical exclusion. Here is a link to NTIA website that goes into a little more detail on this CatEx. It is our understanding that a high percentage of WSBOs BEAD project areas will end up having a CatEx.

NOTICE OF NEWLY ESTABLISHED NEPA CATEGORICAL EXCLUSIONS | BroadbandUSA

49. Q: Can the selected consultant negotiate any of the contract terms? Specifically, would Commerce be amenable to adding a standard of care clause?

An example might be “Contractor will perform its Services using that degree of care and skill ordinarily exercised under the same conditions by Design Professionals practicing in the same field at the same time in the same or similar locality.”

A: Yes, there will be negotiations with the selected vendor prior to award. Typically, the addition of terms and conditions will be acceptable, but removal of terms and conditions is unlikely.

50. Q: Can WSBO provide the spec documents for this bid?

"Soliciting Proposals for Environmental Support Services" A: WSBO is unaware of any spec documents for this RFP.

51. Q: Does subcontractor experience count toward meeting the required minimum qualifications?

A: Yes, per the RFP, if a proposer does not have the specified experience, they are to explain their plan for contracting with a subcontractor with the specified experience.

52. Q: Are subcontractors allowed to be named in the proposal, or should only planned subcontractor work areas/services be identified?

A: Yes, subcontractors are allowed to be named in the proposal

53. Q: Do you anticipate needing engineering and design services to plan new projects, or only review of proposed projects within a NEPA/environmental compliance framework?

A: Nonew projects need to be planned. Engineering and design will be completed by subgrantees and shared with the NEPA contractor.

54. Q: Will a firm that can perform all services in-house be given greater consideration than a firm that would need to subcontract a portion of the services?

A: Greater consideration will not be given for all in-house services. Subcontracting will not count against applicants, but proposals will be scored on level of experience.

55. Q: Will small or veteran-owned businesses be given greater scoring consideration than large businesses?

A: No, scoring will not be applied to business type.

56. Q: Can the Attachment A: Scope of Work and Budget be provided to allow effective proposal preparation?

A: The current scope of work is described in Section 1.2 of the RFP and the budget in Section 1.5 of the RFP. Attachment A is a placeholder for the finalized and negotiated Scope of work and Budget with the selected contractor.

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