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Missouri River Recovery Management Plan Adaptive Management Support. Federal contract opportunity
Solicitation number
W9128F23Q0018
Issued by
Department of the Army Corps of Engineers Engineering District Omaha

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W9128F23Q0018

SEE ADDENDUM

(No Collect Calls)

W9128F23Q0018 20-Jan-2023

b. TELEPHONE NUMBER

(402) 995-2074

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 10 Feb 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9128F9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

WAYNE C WEIDENHAMER

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 966553 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

COE OPERATIONS DIVISION

MICHELLE MCPHERRON

USAED OMAHACENWO-OD

1616 CAPITOL AVE

OMAHA NE 68102-4901

TEL: 402-995-2507 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

541620

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF57

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Job MRRIC Meetings & Workshops

FFP

MRRIC Meetings & Workshops - Attend and participate at MRRIC and AM

Meetings and Workshops. See PWS, Part 5, Specific tasks, Task 5.1 for additional details and information.

FOB: Destination

PSC CD: R410

NET AMT

0002 Job Regular Webinars & Calls

FFP

Regular Webinars & Calls - Participate in regular planning webinars and planning calls. See PWS, Part 5, Specific tasks, Task 5.2 for additional details and information.

0003 Job AM Technical Team Content

FFP

AM Technical Team Content - Participate on AM technical team with responsibility for HC topics. Contractor shall lead, research, and document the content required for the Fall Science Workshop and the AM Workshops and writing of annual AM Report. See PWS, Part 5, Specific tasks, Task 5.3 for additional details and information.

0004 Job SDM Processes

FFP

SDM Processes - Organize, facilitate, and present information at stakeholder workshops and modify decision analysis tools as needed. See PWS, Part 5, Specific tasks, Task 5.4 for additional details and information.

0005 Job Additional Tasks

FFP

Additional Tasks - Support USACE in public engagements and perform additional tasks for MRRP. See PWS, Part 5, Specific tasks, Task 5.5 for additional details and information.

TOTAL PRICE

Total Price __________________________

FUNDS AVAILABILITY

Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2023 TO

31-MAR-2026

N/A COE OPERATIONS DIVISION

MICHELLE MCPHERRON

USAED OMAHACENWO-OD

1616 CAPITOL AVE

OMAHA NE 68102-4901

402-995-2507

966553

0002 POP 01-APR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-APR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-APR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-APR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

PWS

PERFORMANCE WORK STATEMENT (PWS)

Missouri River Recovery Management Plan Adaptive

Management Support

US Army Corps of Engineers (USACE)

Missouri River Recovery Program (MRRP)

1.0 General Information.

1.1 Background. In 2018 the USFWS issued a Biological Opinion (BiOp) for the Operation of the Missouri

River Main Stem System, Operation and Maintenance of the Missouri River Bank Stabilization and Navigation

Project, and Operation of the Kansas River Reservoir System and received a No Jeopardy opinion in April 2018 based on the process and criteria identified in the Science and Adaptive Management Plan for implementing the

MRRMP-EIS. In addition to implementation of the proposed action in the MRRMP-EIS, the Corps received a requirement in the 2018 BiOp to complete an analysis on operational changes at Ft Peck to benefit pallid sturgeon following the Adaptive Management process.

In 2006 at the request of USACE and other agencies in the Basin, the U.S. Institute for Conflict Resolution conducted a situation assessment regarding the feasibility of a collaborative forum in the Missouri River Basin to advise the agencies on species recovery issues and their impacts to Basin interests. Based on the findings of the assessment, USACE and other federal agencies in the Basin asked the U.S. Institute to convene a multi-party stakeholder group to develop a charter for such a group. The charter drafting process began in 2007 and the final charter for MRRIC was approved by USACE in July 2008 and is available at www.mrric.org. The U.S. Institute is responsible for managing the technical performance of the MRRIC facilitation team, the MRRIC Chair, and the Third Party Science Neutral (TSPN). The U.S. Institute provides project management, oversight, and consultation to the facilitation team, Chair, and TPSN.

The MRRIC was authorized by Congress in Section 5018 of the 2007 Water Resource Development Act to serve as a basin-wide collaborative forum to come together and develop a shared vision and comprehensive plan for

Missouri River recovery. The MRRIC is a Federal Advisory Committee Act (FACA)-exempt, multi-stakeholder body composed of representatives from federal, state, and tribal agencies, and nongovernmental and local governmental stakeholder interests in the basin.

One purpose of the MRRIC is to provide consensus-based recommendations and guidance to the USACE on http://www.mrric.org/ implementation of the MRRP. The MRRP PDT has worked closely with the MRRIC to identify the underlying stakeholder interests in the Missouri River Basin referred to as Human Consideration (HC) objectives. These objectives and metrics have been compiled and organized into the four “accounts” prescribed in the Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies, 1983 (P&G) and in accordance with USACE Engineering Regulation (ER) 1105-2-100: Planning Guidance

Notebook. Approximately 32 objectives/metrics have been identified and organized into the Environmental

Quality (EQ), National Economic.

Development (NED), Other Social Effects (OSE), and Regional Economic Development (RED) accounts. These metrics are to be considered in each of the actions undertaken by the MRRP. During the Adaptive Management process in 2018 the MRRIC has provided the agency recommendations to help ensure we achieve our objectives.

One of those recommendations is to collaborate with the USFWS and MRRIC to use structured decision analysis approaches to address some of the more complex issues we encounter on a case-by-case basis and after careful consideration of the cost and potential timeframe for resolution.

1.2 Scope of Work. This is a non-personal services contract to provide Adaptive Management (AM) support to the ongoing development and implementation of the Missouri River Recovery Program (MRRP). Services include structured decision-making expertise and guidance in the collaboration with MRRIC and the updating and implementation of the MRRP’s Science and Adaptive Management Plan (SAMP) for the piping plover and pallid sturgeon on the Missouri River.

The government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the government. 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 two years from date of award of this contract.

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 nonperformance 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 insure that the required work is performed in accordance with the standards contained herein. The contractor shall furnish the above written designation to the COR 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 the methods stated in Section 6 of the PWS 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.

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 that 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 (1) 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 hours of 0800-

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 (1) 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

COR for review and approval:

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

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.

1.12 Antiterrorism/Operation Security Requirements

1.12.1 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 changes 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.

1.13 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/or any other person that has been designated in the contract to receive the invoice.

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 (5 th) 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.

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-316.pdf?ver=2013-08-22-104526-670 http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-316.pdf?ver=2013-08-22-104526-670 http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf http://www.ecfr.gov/cgi-bin/text-idx?rgn=div8&node=48%3A2.0.1.1.1.2.1.28 http://www.ecfr.gov/cgi-bin/text-idx?rgn=div8&node=48%3A2.0.1.1.1.2.1.28

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 to:

• Provide Structured Decision-Making expertise to the MRRP o Support USACE on when and how to use SDM within the collaborative stakeholder process o Lead collaborative SDM engagements between agency and stakeholders to increase understanding of complex issues such as the planning and design of IRCs and preparation for future test flow from Fort Peck Dam.

o Use and maintain specialized decision analysis tools to help display impacts and effects of actions on Human Considerations o Lead agency and stakeholders through trade-off discussions based on decision analysis tools

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

Over the course of the contract, the contractor shall attend and participate in the following meetings:

BASE AWARD:

• AM Workshop (April 2023) - assumed to include 4 days (including travel time)

• MRRIC Plenary (July 2023) - assumed to include 5 days (including travel time)

• MRRIC Plenary (November 2023) - assumed to include 5 days (including travel time)

• AM Workshop (April 2024) - assumed to include 4 days (including travel time)

• MRRIC Plenary (July 2024) - assumed to include 5 days (including travel time)

• MRRIC Plenary (November 2024) - assumed to include 5 days (including travel time)

5.2 Task 2 - Participate in regular webinars and calls

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

BASE AWARD:

• HC Work Group and Joint Work Group Calls – assume 30 calls, 2 hours each

• AM Team calls - assume 40 calls, 1 hour each

• AM Technical Team calls – assume 60 calls, 1 hour each

• Fall Science Meeting in 2023 – assumed 3 days by webinar

• Fall Science Meeting in 2024 – assumed 3 days by webinar

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

Contractor shall participate on the AM team with responsibility for HC topics. Annually, Contractor shall lead, research, and document the content required for the Fall Science Workshop and the AM Workshops. Contractor shall gather information from various sources to inform and help prepare for the Fall Science Workshop. Contractor shall utilize decision analysis tools to ensure that HC concerns are integrated appropriately and meaningfully with those of the fish and birds as envisioned by the Adaptive Management Plan. Afterwards, similarly prepare for the

AM Workshop and writing of the annual AM Report. Help convey relevant aspects to the development of an annual

Strategic Plan.

5.4 Task 4 – SDM Processes

Contractor shall design, organize and facilitate at least two stakeholder workshop series that engage Tribes and stakeholders in technically focused conversations with USACE about issues of interest to them regarding the implementation of the MRRP. These conversations will be performed as a complement to any engagements and consultations required by law. Typically, the agendas of workshops will be led by Tribes and stakeholders, and the

Contractor will help gather, analyze, present and explain the information in virtual interactive workshop settings.

The main goal of these workshops is to help Tribes and stakeholders understand the information available, to facilitate the two-way communication of information between USACE, Tribes and stakeholders, and to build trust to minimize the possibilities of misunderstandings that can lead to threats to the implementation of the program.

Participants in these informal conversations will be identified by USACE.

In FY23, two workshop series will run in parallel: one relating to the implementation of the Interception Rearing

Complex Habitat management action on the lower Missouri River, and the other relating to implementation of test flow release management action at Fort Peck Dam. Other topics may be required over the two years of this contract.

For example, a workshop series relating to the management action of Emergent Sandbar Habitat construction for the endangered piping plover might be required.

Workshops will typically last two hours and will be virtual. To maximize their effectiveness, the Contractor shall dedicate significant effort to the preparation of each 2-hour session, including, but not limited to:

• Calls with USACE to prepare agendas and approaches to each meeting

• Virtual meeting logistics (Workshops will be made via USACE Webex accounts)

• Communicating directly with meeting participants as required to better understand information needs

• Working with USACE and its partners to develop workshop content in response to the needs

• Modifying decision analysis tools as needed

• Performing additional analyses on existing data as required to provide information required by stakeholders

• Preparing meeting PowerPoint presentations and working with USACE to review

• Facilitating the Workshop

• Preparing meeting notes after call

For budgeting purposes, the Contractor should assume ten (10) Workshops will take place over the course of the two-year period of this agreement.

5.5 Task 5 – Additional tasks

The Contractor may be required to perform additional support tasks that go beyond the preparation of annual content and materials for MRRP. This may include, for example, updating chapters of the MRRP Science and

Adaptive Management Plan and supporting USACE in public engagements on HC issues related to MRRP projects.

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.

Performance Objective PWS

Para.

Performance Standard Performance

Threshold

Method of

Assessment

PRS #1

In-person presence and virtual presence at

MRRIC and AM

Meetings / Workshops

5.1 Personal and virtual

attendance at all meetings

Must attend all meetings SOW allows

Review Sign-in sheets at each meeting

PRS #2

Participate in regular webinars and calls

5.2 Participation in

webinars and calls

Must attend 90% of scheduled calls and webinars

Review attendance logs for calls/webinars

PRS #3

Research and development of annual

AM Technical Team content

5.3 Submittal of draft and

final content in annual

AM Report on schedule.

Timely resolution of agency comments.

Provide draft and final on schedule and meeting quality standards

Review and approval of documents by PM

PRS#4

SDM processes

5.4 Use SDM processes to

help identify IRC sites

Adequately address

MRRIC/stakeholder concerns

Review and approval by PM

PRS#5

Additional tasks

5.5 Support USACE in

public engagements on

HC impacts and additional tasks

Adequately address

MRRIC/stakeholde r concerns and complete additional tasks

Review and approval by PM

7.0 Attachments:

None

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022

252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022

252.225-7048 Export-Controlled Items JUN 2013

252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision.)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--https://www.sam.gov/

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3

(see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the

Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent

Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East

L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point

(DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award

Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the

Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ https://assist.dla.mil/wizard/index.cfm http://www.sam.gov/

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

TECHNICAL & EXPERTISE FACTORS - Technical Approach & Expertise: The contractor shall submit a proposal describing the approach to be used to accomplish the contract objectives. The technical proposal shall be detailed, concise, and shall cover every aspect of how the contractor will meet the objectives of the Performance

Work Statement (PWS) and who will be performing the work. The contractor shall describe their technical proficiency and unique qualifications for requirements described in the PWS. The contractor shall include past project experience (including what role or capacity the individual served on each project), as well as the dates

(month and year) employed on each project in that capacity and the geographic size and stakeholder diversity of each project cited as experience.

PAST PERFORMANCE FACTOR – Past Performance: The contractor shall provide two references of projects completed within the past three years. Experience can be based on projects completed as a prime contractor or projects of qualified subcontractors that have the capabilities to perform this work. These references need to be equal to or similar in scope of this requirement. Contractor shall provide dates and pertinent information to demonstrate how they are comparable to this requirement in size and complexity. The contractor shall include points of contact, titles, telephone numbers, and email addresses (if available) for all references. Factor 2 may also be evaluated based on information about contractor performance from existing performance documentation from any past contracts.

PRICE FACTOR – Price,: The contractor shall quote a price for each task on the price sheet. The quote shall be inclusive of all costs that might be incurred by the contractors during the contract such as, but not limited to, labor, mileage, equipment, equipment rental fees, licenses, insurance, etc. Factor 3 will be evaluated based on a price analysis that verifies the prices quoted are fair, reasonable, and realistic.

Technical and past performance are equal to one another in preference.

Technical and past performance, when combined, are significantly more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision --

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

https://www.sam.gov/

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is…

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