S01 Attachment 1_SOW DE Cultural Resources BPA.pdf

US Department of Agriculture (USDA)

Statement of Work

Rev. 2 3/04/2022

Contents A. General Information

I. Scope of Work II. Background

B. Contractor Requirements

I. PERSONNEL STANDARDS

III. QUALITY ASSURANCE (QA)

A. PHASE 1A (Archival Review) B. PHASE 1B (Archeological Field Investigations) V. Data Rights (Ownership of Data, Records and Reports) VI. Restrictions Against Disclosure VII. Organizational Conflict of Interest (OCI):

VIII. Non-Disclosure:

IX. Civil Rights and Program Delivery:

X. Project Area Map:

Archival Reviews and Field Investigations for Cultural Resources USDA NRCS Delaware State Office

A. General Information

I. Scope of Work The primary objective is to procure services for cultural resources and historic preservation compliance on projects throughout Delaware. The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to perform the work as defined in this document.

USDA NRCS Delaware State Office anticipates that the Contractor will provide the technical expertise required under 54 United States Code (U.S.C) Section 306108 of the National Historic Preservation Act to make a recommendation for review and comment by the State Historic Preservation Officer (SHPO), the American Indian Tribes/ Bands/ Nations/ Communities, and the Tribal Historic Preservation Officers (THPO) when appropriate.

The Contractor will be required to provide the following products:

A. Phase 1A (Archival Review) The Contractor will do archival reviews for Cultural

Resources Investigations and will provide recommendations of effect or no effect of cultural resources for all projects referred to the contractor.

Projects will first be subject to archival research to determine the potential for the area of potential effects to contain cultural/historic resources. This work will involve the examination of the existing State site files and records, including previous studies, as well as historic maps and aerial photographs. Other information in the form of tax records, oral histories, and folk life documentation. The Delaware State site files are incorporated onto the CRIS web platform. Site locations and many previous survey studies can be accessed through CRIS. Individual site forms are not fully available over the internet requiring contact or visit to the SHPO office.

Historic land ownership maps for Delaware include Rea & Price (1849), Byles (1859), Pomeroy & Beers (1868), Hopkins (1881), and Baist (1893). A series of U.S.G.S.

topographic maps are also available. Aerial photographs from 1926, 1937, 1954, 1961, and more recent years are available from the University of Delaware DEMAC, from Earth Explorer, and other web-based platforms. There are some Sanborn insurance maps for some towns and cities.

For predicting potential for prehistoric archaeological sites, distance to water, elevation, and soil types are important factors. This information can be gathered from topographic maps and the U.S.D.A. Web Soil Survey web site. The archival research report will contain sufficient information for an informed decision to be made as to whether historic resources exist in or near (less than 1000 feet) of the area of potential effects. A separate report will be prepared for each undertaking. Data will be included to justify the decision.

B. Phase 1B (Archeological Field Investigations) Should archival research determine that cultural resources may be impacted the contractor will conduct a field investigation based on and approved scope of work from SHPO and the field investigation will be coordinated with CRC.

Initially, an on-site assessment may be conducted. This would be a simple pedestrian reconnaissance and is not an identification survey. All personnel will meet federal guidelines for experience and training. An identification survey will be designed to determine the presence or absence of an archaeological site, the size of the site, and whether it can be avoided. A variety of methods are available with selection depending on current ground conditions at the APE. The scope of field work will meet all State Standards for archaeological survey (De SHPO 2015). All sites determined to be or that might be more than 50 years old will be recorded as sites for each site, a datum will be established using GPS and included on the site map. Site mapping will be done with a total station, including the locations of surface-recovered diagnostics.

Archaeological site documentation will include a detailed sketch map with a legend.

Sketch mapping will include all site concentrations, diagnostic artifacts, tools, structures, or features. Each sketch map will include a legend and legal location. Historical archaeological sites shall be recorded, described, and mapped in terms of the artifacts and features present. All encountered historic features will be recorded as part of, or representing, an archaeological site. The identification survey will have two possible outcomes. Either a site will be identified or not. If no site is found, a report meeting state-standards will be produced. This may be in the form of the Delaware Archeological Survey Report Form.

The goals, methods, and results of the study will be included along with appropriate graphics. Upon completion of fieldwork for each undertaking, the Contractor shall provide a brief status report to DE NRCS that details the results of each identification survey. The status report will note the amount of acres/feet that were surveyed for cultural resources, the methodology used, the number of sites that were identified, and any difficulties that were encountered during field work.

Projects are located throughout Delaware and can occur in a range of environmental settings. Projects can include any conservation practices used in Delaware to conserve soil and water resources that have the potential to cause effects on historic properties as well as other ground disturbing activities as authorized by federal laws and executive orders.

II. Background The United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) in Delaware needs to obtain professional services for the performance of cultural resources management functions in Delaware. USDA NRCS will use the results of activities under this contract to satisfy a portion of compliance requirements to comply with the National Historic Preservation Act of 1966 (NHPA), as amended, the National Environmental Policy Act of 1969 (NEPA), the Natural Resources Conservation Service General Manual Title 420, Part 401 – Cultural Resources (Archeological Historic Properties), the Advisory Council on Historic Preservation (ACHP): 36 CFR Part 800 – Protection of Historic Properties, historic preservation requirements and procedures, and other related authorities.

The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to perform the work as defined in this document.

B. Contractor Requirements

I. PERSONNEL STANDARDS

A. PRINCIPAL INVESTIGATOR

a) RESPONSIBILITY.

The contractor shall be or will provide a principal investigator who will be responsible for the performance of the work and validity of the material presented in all investigation reports. In the event of a court challenge, the principal investigator may be called upon to testify on behalf of the Government in support of his/her findings at Government expense, at established Government rates.

b) QUALIFICATIONS.

The principal investigator will meet the Secretary of Interior’s Standards for the specific technical specialty (e.g., historian, architectural historian, prehistoric archeologist) as defined on pp. 44738- 44739 of the Standards and Guidelines. The name of this person and the alternate(s) who shall act for the contractor when the principal investigator will be designated in writing to the Contracting Officer.

c) AUTHORITY.

The principal investigator or alternate shall have the full authority to act for the contractor on all contract matters relating to daily operation of this contract.

d) AVAILABILITY.

The principal investigator or an alternate shall be available by phone during normal duty hours to discuss any issues relating to the work required by the contract with the contract officer.

B. EMPLOYEES.

All contractor personnel will carry identifying information that includes the company name and the employee’ s name.

II. CONTRACTOR CAPABILITIES.

The contractor must provide or demonstrate access to the following capabilities.

A. The contractor shall have adequate field, laboratory, and data processing equipment, including capture of information with geospatial technology such as GPS, to conduct the work within the amount of time specified in Section H.

B. The contractor shall have access to adequate facilities for analysis, treatment, and storage of specimens and records likely to be obtained from this contract. This does not include such specialized facilities as pollen, geo-chemical, radiological laboratories, but does include adequate facilities to properly preserve or stabilize specimens for any subsequent analysis.

C. The contractor will be required to document their internal facilities or formal arrangements with other entities that allow for permanent curation of specimens when owner permission is granted. Specific identification of facilities for permanent curation is required.

III. QUALITY ASSURANCE (QA)

A. QUALITY ASSURANCE EVALUATOR.

The Cultural Resources Coordinator (CRC) will monitor the contractor’s performance by inspecting, accepting, or rejecting the services as required by this contract.

B. GOVERNMENT EVALUATION.

The Government will evaluate the contractor’s performance using the method of surveillance deemed appropriate. If the Government reveals that any contract provision has not been met, the contractor will be notified via email and shall respond to any negative performance evaluation explaining: 1) why performance was unacceptable, 2) how performance will be returned to acceptable levels and 3) how recurrence of the problem will be prevented in the future. The response shall be no later than seven business days.

C. PERFORMANCE EVALUATION MEETINGS.

The principal investigator may be required to meet periodically with the CRC and the contract officer during the contract. Meetings shall be as often as necessary as determined by the contract officer. However, if the contractor requests, a meeting will be held whenever a negative performance evaluation is issued. The meetings shall focus on performance and actual or potential problems. A mutual, good faith effort shall be made by all parties to resolve all issues. The contractor, contract officer, and CRC shall sign the written minutes of these meetings. If the contractor does not concur with the written minutes, notice of non-concurrence shall be provided to the contract officer. This notice shall be in writing and provided within seven (7) business days of receipt of the minutes.

D. GOVERNMENT COMMUNICATION.

If any consulting parties contact the contractor directly regarding projects, the contractor will notify the CRC and forward all relevant correspondence to the CRC. If the contractor has questions regarding projects, the contractor must contact the CRC.

IV. Deliverables / Schedule

A. PHASE 1A (Archival Review)

1. The contractor will provide the CRC with a draft report containing documentation for the Government to make an informed determination of effect or no effect on cultural/historic resources so that any reviewing parties can understand its basis.

This documentation shall follow standard report format and will include, at a minimum, the information described in 36 CFR Part 800.11(d) or (e) depending on the finding. The contractor will transmit the draft report in .pdf format electronically to the CRC according to the order.

2. Upon making any necessary changes and/or additions to the draft report as requested by the CRC, a copy of the final report will be provided electronically.

All reports will include color maps and photos of the project. Site forms shall be included as a separate appendix when appropriate. All copies shall be submitted to the CRC.

3. Final report will be submitted within seven federal business days after receiving comments from the NRCS and will contain all requested changes.

B. PHASE 1B (Archeological Field Investigations)

1. The contractor will conduct the appropriate cultural resources investigation of the

APE including a full report. The scope of field work will be approved by SHPO and will meet all State Standards for archaeological survey (De SHPO 2015).

2. The contractor will provide the CRC with a draft report containing documentation for the Government to make an informed determination of effect s or no effect on cultural/historic resources o that any reviewing parties can understand its basis.

This documentation shall follow standard report format and will include, at a minimum, the information described in 36 CFR Part 800.11(d) or (e) depending on the finding. The scope of field work will meet all State Standards for archaeological survey (De SHPO 2015). The contractor will transmit the draft report in .pdf format electronically to the CRC according to the order. If the project requires an Identification Survey the completion time will depend on the site conditions (for example: crops may need to be harvested before an onsite review.)

3. Upon making any necessary changes and/or additions to the draft report as requested by the CRC, a copy of the final report will be provided electronically within seven federal business days. All reports will include color maps and photos of the project. Site forms shall be included as a separate appendix when appropriate. All copies shall be submitted to the CRC.

C. QUALITY STANDARD

Final report will be submitted within seven (7) business days after receiving comments from the NRCS and will contain all requested changes.

Type of Service

Initial Draft Deliverable

Government Review

Final Deliverable

Archival Review

As agreed on each Call Order 10 Business Days

10 Business Days

Field Investigation, visual site inspection*

Investigation, disked site

Investigation, with shovel tests less than 1 acre

Investigation, with shovel tests 1-5 acres

Investigation, with shovel tests 6- over acres

* Visual site inspection - i.e., will the site affect the integrity of a nearby historic home or cemetery

V. Data Rights (Ownership of Data, Records and Reports)

1. DATA, RECORDS, AND REPORTS.

Title to all data recovered or generated under this work is vested in the Government.

2. BURIAL SITES, HUMAN REMAINS, AND FUNERARY OBJECTS.

If burial sites, human remains, and funerary objects are recovered during the investigation, the contractor must stop and contact CRC immediately. The contractor will abide by all applicable federal, tribal, state, or local laws and ordinances and the ACHP’s policy for the treatment of burial sites, human remains, and funerary objects. The contractor will also follow USDA and NRCS policy on treatment of human remains and consultation. The area of potential effects (APE) must be secured and protected from disturbance and harm.

3. ARCHEOLOGICAL OR HISTORIC MATERIAL REMAINS.

If archeological or historic material remains are recovered, they must be cleaned and catalogued for reporting. The contractor will return the archeological or historic material remains to the owner. The owner can keep or donate them to a qualified curation facility.

4. DISSEMNATION OR PUBLICATION.

Data, records, and reports cannot be disseminated or published by the contractor.

a. PERSONAL IDENTIFIABLE INFORMATION (PII). PII cannot be released without NRCS approval.

VI. Restrictions Against Disclosure The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor’s possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis.

The Contractor agrees to immediately notify the Contracting Officer, in writing, in the event that the Contractor determines or has reason to suspect a breach of this requirement. The Contractor agrees not to disclose any information concerning work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

VII. Organizational Conflict of Interest (OCI):

Contractor and subcontractor personnel performing work under this contract may receive or have access to proprietary information (e.g., cost or pricing information, budget information or analyses, specifications, or work statements, etc.) which may create a current or subsequent Organization 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 of 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/she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

VIII. Non-Disclosure:

Work performance required by this PWS shall involve access to potentially sensitive information about governmental and landowner issues. All Contractor personnel shall comply with the terms of AGAR 452.224-70, Confidentiality of Information, as well as provisions of the Privacy Act of 1974, 5 U.S.C. 552a.

Additionally, the Contractor’s personnel shall comply with privacy of personal information relating to natural resources conservation programs in accordance with Section 1244 of Title II of the Farm Security and Rural Investment Act of 2002 (P.L.

1078-171) and Section 1619 of Title I of the Food, Conservation, and Energy Act of 2008. The Contractor’s employees shall not disclose contents of USDA, FPAC, or NRCS case files and/or records to anyone other than authorized United States Department of Agriculture employees without the express written consent of the NRCS Freedom of Information Act and Privacy Act Officer.

IX. Civil Rights and Program Delivery:

The Contractor shall ensure that personnel prohibit discrimination in all aspects of programs and activities related to this Contract on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, or marital or family status. The Contractor shall employ only persons able to speak, read, write, and understand English fluently for those positions interacting with Government personnel and customers in the performance of this contract, and where English is necessary to provide a service under this contract.

X. Project Area Map: