W912PP24R0030.pdf

CODE

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PAGE(S)

until 02:00 PM local time 14 May 2024

A X B X C

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114 - 119 X H 120 loretta.d.sanchez@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 117

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912PP 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

LORETTA D SANCHEZ 505-342-3210

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 8

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

9 - 41 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 44 - 46 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

47 - 84

PART II - CONTRACT CLAUSES

US ARMY ENGINEER DISTRICT, ALBUQUERQUE

4101 JEFFERSON PLAZA NE

ALBUQUERQUE NM 87109-3435

505-342-3496FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

85 - 95

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

30 Apr 2024

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912PP24R0030

SOLICITATION W912PP24R0030

BASE TASKS CLIN

PWS

Reference

DESCRIPTION AMOUNT UNIT PRICE

0001 5.1.1 Project Management and Monthly Reporting 1 Job

0002 5.1.2 Abbreviated APP 1 Job

Base Task 2 0003 5.2 Tribal Consultation Plan and Tribal Coordination and Support 1 Job

Base Task 3 0004 5.3 Tribal/Air Force Planning Committee Support 1 Job

Base Task 4 0005 5.4 Remedial Project Manager Group Support 1 Job

Base Task 5 0006 5.5 USAF Retained Area Land Use Control (LUC) Maintenance 1 Job

Base Task 6 0007 5.6 USAF Retained Area Land Management 1 Job

Option Year 1 Tasking

0008 5.7.1 Option Year 1 - Completion of Base Tasks 1-6 for an additional 12 months

1 Job

Option Year 2 Tasking

0009 5.7.2 Option Year 2 - Completion of Base Tasks 1-6 for an additional 12 months

1 Job

Option Year 3 Tasking

0010 5.7.3 Option Year 3 - Completion of Base Tasks 1-6 for an additional 12 months

1 Job

Option Year 4 Tasking

0011 5.7.4 Option Year 4 - Completion of Base Tasks 1-6 for an additional 12 months

1 Job

TOTAL CONTRACT AMOUNT

CLIN SCHEDULE

Badlands Bombing Range OST Support Ellsworth AFB, South Dakota

Base Task 1

Total, Optional Tasking

Total, Base Year Tasking

OFFEROR’S CHECKLIST

Administrative Notice to Offerors. Before signing and submitting this proposal, please take note of the following administrative details, as failure to properly perform any one of these actions may cause your proposal to be rejected:

[ ] Have you acknowledged receipt of ALL solicitation amendments? If in doubt as to the number of amendments issued, please contact Loretta Sanchez, Contract Specialist, at

(505) 342-3210.

[ ] Have you completed Section K, Representations and Certifications?

[ ] Will your proposal arrive on time in the correct format? Your offer MUST be submitted electronically to Loretta Sanchez at Loretta.D.Sanchez@usace.army.mil.

[ ] If any of the solicitation amendments involved changes to the proposal schedule, did you use the amended schedule for submitting your proposal?

[ ] Have you reviewed your proposal for possible errors in calculations or work left out?

JV CORP

CORPORATE, PARTNERSHIP, JOINT VENTURE CERTIFICATES

If the offer is submitted by a corporation, partnership or a Joint Venture, the applicable form listed below must be completed and submitted with the Standard Form 1442. In the alternative, other evidence must be submitted to substantiate the authority of the person signing the offer. If a corporation, the same officer shall not execute both the offer and the certificate.

CORPORATE CERTIFICATE

I, _______________________________________________, certify that I am the Secretary of the corporation named as Offeror/Contractor herein; that __________________________________________________ who signed this offer/contract on behalf of the Offeror/Contractor was then __________________________ of said corporation; that said offer/contract was duly signed for and on behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

______________________________ (CORPORATE SEAL)

(Secretary)

AUTHORITY TO BIND PARTNERSHIP

This is to certify that the names and signatures of all partners are listed below and that the person signing the offer had authority to actually bind the partnership pursuant to its partnership agreement. Each of the partners individually has full authority to enter into and execute contractual instruments, on behalf of said partnership, with the United States of America, except as follows: (State “none” or describe limitations, if any.)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to, and acknowledged by, the Contracting Officer.

(Type or Print Name) (Signature)

JOINT VENTURE

Provide a copy of the Joint-Venture (JV) agreement. The SF 1442, Solicitation, Offer and Award form must be signed by the party with the authority to bind the JV as indicated in the agreement. Each party to the JV agreement shall complete one of the following entries:

I, _______________________________________________, certify that I am the Secretary of the Corporation named as Offeror/Contractor herein, that __________________________________________________ who signed this offer/contract on behalf of the Offeror/Contractor was then _________________________ of said corporation by authority of its governing body and is within the scope of its corporate powers.

IN WITNESS WHEROF, I have hereunto affixed my hand and the seal of said corporation this ______________________ day of _____________________.

AFFIX CORPORATE SEAL ___________________________

(Secretary)

(Corporation A)

I, _______________________________________________, certify that I am the Secretary of the Corporation named as Offeror/Contractor herein, that __________________________________________________ who signed this offer/contract on behalf of the Offeror/Contractor was then _________________________ of said corporation by authority of its governing body and is within the scope of its corporate powers.

IN WITNESS WHEROF, I have hereunto affixed my hand and the seal of said corporation this ______________________ day of _____________________.

AFFIX CORPORATE SEAL ___________________________

(Secretary)

(Corporation B)

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT (PWS)

Community Relations, Tribal Coordination, and Land Lease Management for the US Air Force Retained Area

Badlands Bombing Range, Pine Ridge Reservation, South Dakota

PART 1

GENERAL INFORMATION

1.0 General: This is a non-personal services contract to provide community relations support to Ellsworth Air Force Base (EAFB) and the Air Force Civil Engineer Center (AFCEC) during environmental restoration activities at the United States Air Force (USAF) Retained Area of the former Badlands Bombing Range (BBR), located on the Pine Ridge Reservation, in South Dakota. The Government shall not exercise any supervision or control over the service provider, the Oglala Sioux Tribe (OST) in performance of the services herein. Service providers shall be accountable solely to the Oglala Sioux Tribe who, in turn is responsible to the U.S. Government.

1.1 Description of Services/Introduction: The OST Badlands Bombing Range Department (BBRD);

hereafter OST or “contractor” shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide community relations support and maintain Land Use Control (LUC) features in support of the USAF Retained Area located within the Pine Ridge Reservation as defined in this PWS except for those items specified as Government furnished property and services.

The contractor shall perform to the standards in this contract.

1.2 Background: The 2,486-acre USAF Retained Area of the former BBR is located 50 miles east-southeast of Ellsworth Air Force Base (EAFB) and Rapid City, within the Pine Ridge Reservation in Oglala Lakota County, South Dakota. The site is a portion of the 341,719–acre former BBR which was acquired by the U.S. War Department in 1942 as a WWII bombing and gunnery range. Between 1948 and 1977, all of the properties that comprised the former BBR, with the exception of the USAF Retained Area, were transferred outside of DoD control. The Site served principally as a dedicated live-fire impact area for artillery training by the South Dakota Army National Guard (SD ANG) using Howitzers Explosive and illumination projectiles from 1965 through 1973.

With the exception of a small number of linked .50 caliber cartridges, 20mm aircraft projectiles, and a single 20mm aircraft cartridge, only 105mm, 155mm, and 8-inch artillery projectiles are known to have been recovered during previous investigations, clearances, demonstrations surveys, and removal actions completed within the Site.

In June 2008, at a signing ceremony on the Pine Ridge Reservation, the Oglala Sioux Tribe and EAFB signed a Tribal Consultation Plan (TCP) for the USAF Retained Area of the BBR. The Plan’s purpose is to develop a consultation relationship and operational protocols between the OST and the USAF for clean-up of the USAF Retained Area. The goal of the clean-up activities is to make the Retained Area safe for reuse and to protect human health and the environment in the process. Guiding principles of the Plan are:

Engage in early discussion to guide the development of each stage of the project including planning, contracting, and cleanup.

Follow all applicable Tribal, State and Federal environmental, cultural resources and natural resources laws.

Recognize the Tribal Employment Rights Office in all contracting actions.

Recognize the Tribal Historic Preservation Office (THPO) in all matters with regard to cultural, historical and sacred sites.

Assure appropriate level of communications emphasizing trust, respect, and shared responsibility.

1.3 Objectives: This work is to be performed by OST in support of USAF Restoration Program (ERP) activities conducted on the BBR USAF Retained Area located on the Pine Ridge Reservation. Proposed support includes:

Facilitating an open and honest exchange of information as outlined in the Tribal Consultation Plan. The primary focus of this work is for the OST BBRD to assist in representing and communicating the Oglala Sioux Tribal interests to the USAF and to assist the USAF in communicating with Tribal government and public.

Providing support for the OST to maintain and enforce LUCs and grazing leases on the USAF Retained Area, as outlined in the Record of Decision prepared for the site.

1.4 Scope: OST shall implement the TCP, Coordinate with Tribal Council, President and other Tribal entities as needed, coordinate or provide Tribal Historic Preservation Office (THPO) support, maintain availability of the project Information Repository (IR), review project documents, schedule and attend meetings, participate in teleconferences, facilitate Government-to-Government relations, assist the EAFB Remedial Project Manager, implement community relations planning, provide briefings to Tribal executives, schedule cultural events or blessings, prepare monthly reports, and other project support activities in Section 5 of this PWS.

1.5 Period of Performance: The base period of performance shall be for one year (12 months) with four 12-month option years. The Period of Performance reads as follows:

Base Period: 12 months from date of contract award Option Year 1: Additional 12 months from end of Base Period Option Year 2: Additional 12 months from end of Option Year 1 Option Year 3: Additional 12 months from end of Option Year 2 Option Year 4: Additional 12 months from end of Option Year 3

1.6 General Information:

1.6.1 Place of Performance: USAF Retained Area of the former BBR on the Pine Ridge Reservation, South Dakota.

1.6.2 Type of Contract: The government will award a Firm Fixed-Price Performance-Based contract for the services described herein.

1.6.3 Hours of Operation: Normal work hours can be anticipated to be Monday thru Friday except on Tribal or Federal holidays. The OST must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS and keep in mind that the stability and continuity of the workforce are essential.

1.6.4 Recognized Holidays: The following holidays are recognized as Federal holidays and Government offices will not be open.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Indigenous People’s Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

1.6.5 Quality Control: The OST shall develop and maintain an effective Quality Control Program (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which the contractor shall assure all work complies with the requirements of the contract. The Contractor shall provide the

Contracting Officer (KO) a copy of the QCP upon request. After acceptance of the quality control plan, the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to their QCP.

1.6.6 Security Requirements: The OST shall obtain and monitor any necessary assigned security badges used during the duration of this contract. All security badges or passes shall be returned to EAFB or designate upon expiration of the badge, upon completion of the project, or when possession of the badge is no longer necessary (e.g., upon removal of contracted personnel from specific projects). The OST shall verify that identification credentials presented by all contractor and subcontractor employees to obtain security badges, passes, cards, or decals used during the duration of this contract are current and correct.

1.6.6.1 Physical Security: The OST shall be responsible for safeguarding all Government equipment, information and property provided for contractor use.

1.6.7 Post Award Conference/Periodic Progress Meetings: The OST agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the OST to review the OST’s performance. At these meetings the KO officer will apprise the contractor of how the Government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.

These meetings shall be at no additional cost to the Government.

1.6.8 Contracting Officer’s Representative (COR): A COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract:

perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially regarding changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.6.9 Key Personnel: The follow personnel are considered key personnel by the Government:

Contract Manager: The OST shall provide a Contract Manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the OST when the manager is absent shall be designated in writing to the KO. The Contract Manager or alternate shall have full authority to act for the OST on all contract matters relating to daily operation of this contract. The Contract Manager or alternate shall be available between 0800 to 1700, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.6.10 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.11 Contractor Travel: Travel may be required in and around the Pine Ridge Reservation for public outreach events, or to Rapid City or other locations within South Dakota. As a firm fixed-price contract, the OST is responsible for costs associated with travel necessary to support the PWS.

1.6.12 Other Direct Costs: This contract is a firm-fixed price contract. Other direct costs, including travel and training will be included within the contractor’s proposal

1.6.13 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.14 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may effect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.15 Phase In/Phase Out Period: Not Applicable

1.6.16 Safety:

1.6.16.1 U.S. Army Corps of Engineers’ Safety and Health Requirements Manual, EM 385-1-1 and Occupational Safety and Health Act (OSHA) Requirements: The contractor will be required to comply with all pertinent provisions of the latest version of the U.S. Army Corps of Engineers (USACE) Safety and Health Requirements Manual, EM 385-1-1 in effect on the date of the contract award. EM 385-1-1 and its changes are available at https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/. The Contractor must also comply with OSHA standards. OSHA standards are subject to change. It is the Contractor's responsibility to maintain familiarity with current OSHA standards.

1.6.16.2 Zero Accident Goal: The USACE Albuquerque District, in its continual pursuit of excellence in safety has established a goal of zero accidents. To attain this goal, it will be necessary for contractor management to set the expectation that worker injury is unacceptable and to create a culture where employees at all levels accept ownership of their safety performance.

1.6.16.3 Contractor Accident Prevention Plan: Contractor shall develop a contract- or site- specific abbreviated Accident Prevention Plan (APP) to address the specific work, work processes, equipment to be used, and hazards pertaining to the contract, as outlined in Section 5.1 of this PWS. The APP shall contain appropriate hazard-specific plans as needed for the work being performed. The APP should include precautions for COVID-19. The Contractor shall provide (1) Electronic in PDF Format 30-Days after award for Review and Acceptance by the COR.

1.6.16.4 Unplanned Discovery of Unexploded Ordnance (UXO): The Land Use Control Maintenance outlined in Section 5.5 of this PWS requires field work on a site where UXO may be present. Any OST personnel who discover UXO, or an item they suspect could be UXO, on the job site, shall immediately stop in the general area and note the location. The OST shall also notify EAFB in an expeditious manner. Military Explosive Ordnance Disposal (EOD) response services on the USAF Retained Lands are provided by EAFB.

PART 2

DEFINITIONS & ACRONYMS

2.0 Definitions and Acronyms:

2.1 Definitions:

2.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

2.1.3 Contracting Officer’s Representative (COR): An employee of the U.S. Government appointed by the Contracting Officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 Defective Service: A service output that does not meet the standard of performance associated with the

PWS.

2.1.5 Deliverable: Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.6 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.8 Quality Assurance (QA): The Government procedures to verify that services being performed by the contractor are performed according to acceptable standards.

2.1.9 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10 Quality Control (QC): All necessary measures taken by the contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12 Work Day: The number of hours per day the contractor provides services in accordance with the contract.

2.1.12 Work Week: Monday through Friday, unless specified otherwise.

2.2 Acronyms:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AFB Air Force Base AFCEC Air Force Civil Engineer Center BBR Badlands Bombing Range BBRD OST’s Badlands Bombing Range Department AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf CRP Community Relations Plan DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense EAFB Ellsworth Air Force Base EOD Explosive Ordnance Disposal ERP Environmental Restoration Program FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer MEC Munitions and Explosives of Concern OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OST Oglala Sioux Tribe PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program RPM Remedial Project Manager TCP Tribal Consultation Plan TE Technical Exhibit TERO Tribal Employment Rights Office THPO Tribal Historic Preservation Office USACE U.S. Army Corps of Engineers UXO Unexploded Ordnance

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.0 Government Furnished Items and Services:

3.1 Services: The Government will provide necessary and reasonable support to the BBRD Office make the project and community relations activities a successful joint venture.

3.2 Facilities: The Government will provide temporary office space during site visits for OST personnel.

This space shall include desks or table and chairs for OST personnel. The OST shall be responsible for providing all other facilities, equipment, computer hardware and software, and materials required for completion of these tasks.

3.3 Utilities: No utilities will be furnished by the Government

3.4 Equipment: No equipment will be furnished by the Government

3.5 Materials: The Government will make accessible to the OST applicable unclassified reports and studies as well as historic documents to assist with completing this project.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.0 Contractor Furnished Items and Responsibilities:

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

4.2 Secret Facility Clearance: Not Applicable.

4.3 Materials: The OST shall furnish all materials and supplies necessary to meet the requirements under this

PWS except as provided under Part 3.0.

4.4 Equipment: The OST shall furnish all equipment necessary to meet the requirements under this PWS except as provided under Part 3.0.

4.5 Government Safety Requirements: The OST shall conduct all activities in accordance with EAFB and

USACE safety requirements; PWS 1.6.16.

Unplanned Discovery of UXO: The LUC installations outlined by this PWS requires field work on a site where UXO may be present. Any contractor employees who discover UXO, or discover an item they suspect could be UXO, on the job site, shall immediately stop in the general area and note the location. The contractor shall also notify EAFB in an expeditious manner. Military EOD response services on the USAF Retained Lands are provided by EAFB. The contractor’s work plan shall identify procedures, points of contact, telephone numbers, and after-hours contacts for EAFB personnel determined through Government review of the contractor’s work plan.

4.6 Service Contract Reporting (SCR): Not Applicable for this requirement.

PART 5

SPECIFIC TASKS

5.0: The work outlined in this PWS will be performed by the OST BBRD Office in support of USAF ERP activities conducted in regard to the USAF Retained Area located on the Pine Ridge Indian Reservation. The intent is to facilitate an open and honest exchange of information as outlined in the TCP. Representing and communicating the Oglala Sioux Tribal interests to the USAF and assisting the USAF in communicating with Tribal government and the public is the primary focus of this work. Some of the general activities under this contract include arranging for and participation in meeting and teleconferences, coordination with numerous Tribal entities, reviewing contractor or USAF prepared documents, executing community relations activities in compliance with the Community Relations Plan (CRP), documenting all activities conducted under this contract, inspection and maintenance of LUCs, and assisting in unforeseen issues that may arise related to the BBR, USAF Retained Area projects(s).

5.1 Task 1: Project Management, Plans, and Monthly Invoicing and Reporting:

5.1.1 Monthly Reporting: The OST will prepare a Monthly Report including record of community relations or public coordination activities as well as a brief description of all activities conducted as part of this contract in support of the BBR, USAF Retained Area project. The report will include work accomplished during the past month and work planned for the current and next month, meetings conducted/attended, site visit observations and responses, current and/or upcoming issues, Tribal coordination requirements and status, public contacts and community relation outreach, funding status, and other items of importance. Monthly invoices will be submitted by the 10th of each month in conjunction with the monthly report.

5.1.2 Abbreviated Accident Prevention Plan for LUC Inspections and Repair: The OST shall prepare an abbreviated accident prevention plan (APP) with activity hazard analysis (AHA) and UXO Avoidance and Escort plan for activities associated with maintenance and repair of existing land use controls within the USAF Retained Area. Due to the potential presence of Munitions and Explosives of Concerns (MEC), UXO avoidance procedures shall be strictly followed at all times when intrusive work disturbing the land surface is being conducted. The OST shall maintain a Senior UXO Supervisor (UXO Technician III) on site at all times and ensure that the UXO Supervisor has reviewed all safety and health documentation, standard operating procedures, and other plans prior to conducting work on the USAF Retained lands.

5.2 Task 2: Tribal Consultation Plan (TCP) and Tribal Coordination and Support: Task 2 involves coordination and support tasks to maintain adherence to the 2008 TCP between OST and EAFB and to provide coordination and support for events. Subtasks include:

5.2.1 Act as the OST representative and assist EAFB in executing the operational protocols of the TCP, according to its guiding principles.

5.2.2 Coordinate as necessary with the appropriate Tribal entities such as the President, Executive Committee, Council, Land and Natural Resources Committee, and legal counsel.

5.2.3 Arrange and coordinate formal government to government consultation between the Tribal President and the 28th Bomb Wing Commander as appropriate and/or requested.

5.2.4 Provide project briefings and/or arrange for joint EAFB/BBRD briefings as needed/requested for Tribal entities such as the President, Executive Committee, Council, Land and Natural Resources Committee, and legal counsel.

5.2.5 Schedule and coordinate cultural events, blessing ceremonies, etc., as appropriate for work on the USAF Retained Area.

5.2.6 Assist EAFB in complying with and updating the current CRP. Set up information meetings, radio programs, and public notices with the various Tribal organizations, communities, elder groups and Tribal Districts; for current and upcoming work activities being conducted by the USAF. Evaluate effectiveness of CRP and make recommendations if needed. Conduct interviews with individuals of the public as needed/requested.

5.3 Task 3: Tribal/Air Force Planning (TAP) Committee Support: Task 3 includes support and participation for the TAP Committee, which consists of the USAF ERP Manager, the BBRD Specialists, the Natural Resources Regulatory Agency (NRRA) Director, and other members included upon consensus of the group. The TAP is a working level group that addresses consultation, procedural, and technical issues with regard to the USAF Retained Area. Subtasks within the TAP tasking include:

5.3.1 Schedule and attend two TAP Committee meetings on an annual basis as necessary and/or requested. Meeting will typically be held in Pine Ridge at the BBRD Office. It is assumed each meeting will last one day.

5.3.2 Prepare any necessary meeting materials and provide documentation of any major decisions in the forms of meeting minutes for each of the meetings

5.4 Task 4: Remedial Project Manager (RPM) Group Support: Task 4 will include general support for the RPM group and any USAF activities conducted within the USAF Retained Area. Subtasks include:

5.4.1 Act as the OST representatives on the RPM group, which consists of the USAF ERP Manager, NRRA

Director, BBRD Specialist, and the South Dakota Department of Environment and Natural Resources Project Manager, and other members such as the Air Force’s service center, the USACE Albuquerque District, and contractor support. The RPM group will coordinate and make recommendations on all aspects of the project.

5.4.2 Attend RPM group meetings as scheduled. Meetings may be held at either EAFB or the Pine Ridge Indian

Reservation. Two meetings per year may be held at EAFB.

5.4.3 Participate in occasional RPM teleconferences as scheduled. Regular teleconferences may be scheduled in preparation for major project associated events.

5.4.4 Assist EAFB in acquiring right-of-entry to access the USAF Retained Area.

5.4.5 Provide review and comment and/or concurrence on project documents, such as planning documents and reports.

5.4.6 Assist the USAF, its Service Centers, (such as USACE Albuquerque District) and its Contractors with obtaining required tribal permits, Tribal Employment Rights, revenue and other requirements that pertain to working on the Pine Ridge Reservation.

5.4.7 Conduct site visits to the USAF Retained Area as necessary/requested during project planning and project execution. Site visits will normally be during regular work hours and should be coordinated with EAFB.

5.4.8 Work with the USAF and its Contractors on new issues that might arise on the Retained Area.

5.4.9 Provide THPO consultation services and field support for any Cultural Resources Surveys deemed necessary within the USAF Retained Area. Provide the office and field support services as needed. Act as Point of Contract (POC) for Artifacts Placement and Receipt.

5.4.10 Serve as a point of contact for public questions concerning the USAF Retained Area. Direct inquiries to the EAFB

RPM or designated representative.

5.4.11 Communicate with the public the location of the ROD and other documents on the Administrative Record, which is available online at https://ar.afcec-cloud.af.mil/Search.aspx. The USAF RPM is responsible for keeping the Administrative Record up to date.

5.5 Task 5: USAF Retained Area LUC Maintenance: Task 5 includes tasks related to the maintenance of existing land use control fencing installed on the site as outlined in the ROD signed on 1 March 2020.

Subtasks include:

5.5.1 LUC Inspections: The OST BBRD will conduct yearly land use control inspections of existing fencing, gates, and signs within the USAF Retained area of the BBR. The site inspection team shall include at least one UXO Technician II.

5.5.2 LUC Maintenance: Following inspections, the OST shall be prepared to replace or repair up to five signs and up to 200 linear feet of barbed-wire fence annually. All fencing and signs will be repaired to match existing conditions and fence materials currently on site. If replacement or repair activities will require the disturbance of existing soil, UXO avoidance procedures shall be strictly followed at all times and a Senior UXO Supervisor (UXO Technician III) will be required to be on site at all times. The OST will also coordinate any work requiring disturbance of soil with the EAFB Cultural Resources department.

5.5.3 Reporting: The OST will prepare a brief letter report on an annual basis to document the results of the LUC inspections and any necessary repairs. The draft report will include photographic documentation and will be submitted to the EAFB RPM and USACE for review. Following comments and discussion, a final report will be submitted incorporating any necessary changes.

5.6 Task 6: USAF Retained Area Land Management: Task 6 includes tasks related to OST management of the USAF Retained Area cooperative agreement or lease for surface use related to grazing as outlined in the ROD signed on 1 March 2020. Subtasks include:

5.6.1 EAFB and OST will work to develop an agreement to allow OST BBRD to manage grazing on the USAF

Retained Area in cooperation with EAFB Natural Resources Manager.

5.6.2 OST BBRD will develop agreements with non-resident ranchers for managed grazing as described in a grazing plan and land use regulations developed in cooperation with EAFB Natural Resources Manager and OST BBRD.

5.6.3 OST BBRD will monitor compliance of grazing operations with land use agreements to include compliance with LUC and land use regulations.

5.7 Optional Services: Exercise of options is at the Government’s discretion. The OST shall not perform these optional services unless a formal contract modification is singed by the KO exercising the option.

5.7.1 Option Year 1: If exercised, the OST shall perform Tasks 1-6 as outlined in Sections 5.1 through 5.6 of this PWS for one additional year (beginning at completion of the base period).

5.7.2 Option Year 2: If exercised, the OST shall perform Tasks 1-6 as outlined in Sections 5.1 through 5.6 of this PWS for one additional year (beginning at completion of Option Year 1).

5.7.3 Option Year 3: If exercised, the OST shall perform Tasks 1-6 as outlined in Sections 5.1 through 5.6 of this PWS for one additional year (beginning at completion of Option Year 2).

5.7.4 Option Year 4: If exercised, the OST shall perform Tasks 1-6 as outlined in Sections 5.1 through 5.6 of this PWS for one additional year (beginning at completion of Option Year 3).

PART 6

APPLICABLE PUBLICATIONS

6.0 Applicable Publications (Current Editions):

6.1 The contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

USACE, EM 385-1-1, Safety and Health Requirements Manual (March 15, 2023) Tribal Consultation Plan (EAFB, 2008) Community Relations Plan. (Native American Environmental, 2008)

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

7.0 Attachment/Technical Exhibit List:

7.1 Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2 Attachment 2/Technical Exhibit 2 – Deliverables Schedule

TECHNICAL EXHIBIT 1

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 satisfactory levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective Performance Standard

PERFORMANCE

THRESHOLD

Method of

Surveillance

Base Task 1: Project Management, Plans, and Monthly Invoicing/Reporting

Daily Management and oversight of Project

Meeting the requirements as outlined in the PWS (i.e. quality, schedule/timeliness and management of personnel & resources)

Satisfactory Rating

Inspections: scheduled and unscheduled onsite

Document review of logs and records

Conduct all activities in accordance with USACE safety requirements (EM

385-1-1)

Meeting the requirements as outlined in the PWS, USACE safety publications (i.e. safety)

Satisfactory Rating

Inspections: scheduled and unscheduled onsite

Submit progress reports of work completed, billing invoices

Monthly (i.e. schedule and timeliness) Satisfactory Rating

COR verification

Draft, Draft-Final, and Final Abbreviated Accident Prevention Plan with UXO Avoidance Plan (PWS Section 5.1.2)

Government Representative technical approval of document review comment resolution. Technical approval feedback to the PM for final performance approval.

Satisfactory Rating

Inspection: onsite, document review

Periodic Inspection:

COR and PM’s discretion

Customer Feedback

Base Tasks 2-6

Base Task 2: TCP and Tribal Coordination and Support (PWS

Section 5.2)

Meeting the requirements as outlined in the PWS (i.e. quality, schedule/timeliness and management of personnel & resources)

Satisfactory Rating

Base Task 3: Tribal/Air Force Planning Committee Support (PWS

Section 5.3)

Meeting the requirements as outlined in the PWS (i.e. quality, schedule/timeliness and management of personnel & resources)

Base Task 4: Remedial Project Manager Group Support (PWS Section

5.4)

Meeting the requirements as outlined in the PWS (i.e. quality, schedule/timeliness and management of personnel & resources)

Performance Objective Performance Standard

PERFORMANCE

THRESHOLD

Method of

Surveillance

Base Task 5: USAF Retained Land LUC Maintenance (PWS Section 5.5)

Government Representative technical oversight of field work & quality of work and approval of document review comment resolution. Technical approval feedback to the

PM for final performance approval.

Satisfactory Rating

Inspection: onsite, document review

Base Task 6: USAF Retained Area Land Management (PWS Section 5.6)

Meeting the requirements as outlined in the PWS (i.e. quality, schedule/timeliness and management of personnel & resources)

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

DELIVERABLE FREQUENCY

ELECTRONIC

COPIES

HARD COPIES SUBMIT TO

Base Task 1: Project Management, Plans, and Monthly Invoicing/Reporting

Submission of Invoices & Monthly Progress

Reports

By the 10th of each month

1 to USACE COR and PM (Via Email)

USACE, Albuquerque COR and USACE PM

Monthly Progress &

Cost Reports Monthly, with

Invoice

(Via Email) 0 USACE COR and PM

Draft, Draft Final, and Final APP & AHA with UXO Avoidance Plan (PWS Section 5.1.2)

Within 60 days of contract award

(Via Email)

0 USACE COR and PM

Base Task 5: USAF Retained Land LUC Maintenance

Draft Annual LUC

Inspection Letter Report Annually as agreed upon by EAFB RPM

(Via Email)

EAFB Designated POC and

USACE COR and PM

Final Annual LUC

Inspection Letter Report Annually as agreed upon by EAFB RPM

(Via Email)

EAFB Designated POC and

USACE COR and PM

U.S. Army Corps of Engineers Albuquerque District 4101 Jefferson Plaza, NE Albuquerque, NM 87109

Quality Assurance Surveillance Plan

Badlands Bombing Range Oglala Sioux Tribe Community Relations, Tribal Coordination, and Land Lease Management for the US Air Force Retained Area Pine Ridge, Sout Dakota

ABBREVIATIONS AND ACRONYMS

AFCEC Air Force Civil Engineer Center COR Contracting Officer’s Representative CPAR Contractor Performance Assessment Report KO Contracting Officer MPR Monthly Progress Report PM Project Manager POC Point of Contact PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control SME Subject Matter Expert PWS Performance Work Statement USACE U.S. Army Corps of Engineers USAF United States Air Force

QUALITY ASSURANCE SURVEILLANCE PLAN

1.0 OVERVIEW

This Quality Assurance Surveillance Plan (QASP) sets forth the procedures and guidance that the Contracting Officer’s Representative (COR) will use in evaluating the technical performance of the contractor in accordance with the terms and conditions of the Performance Work Statement (PWS). The QASP objective is to define Government procedures that will be used to verify that the appropriate performance and quality assurance (QA) methods are used to manage this contract. The purpose of the QASP is to ensure that the performance of specific activities and the completion of milestones are accomplished in accordance with all requirements set forth in the PWS.

This QASP describes the mechanism for documenting noteworthy accomplishments or discrepancies for work performed by the contractor. Information generated from the COR’s surveillance activities will directly feed into performance discussions with the contractor. The intentions are to ensure the contractor performs in accordance with performance metrics set forth in the contract documents, the U.S. Army Corps of Engineers (USACE) receives the quality of services called for in the contract, and the USACE only pays once an acceptable level of service is received.

The QASP details how and when the COR will monitor, evaluate, and document contractor performance of the PWS. The QASP is intended to accomplish the following:

Define the role and responsibilities of participating USACE officials (Section 2.0).

Define the key milestones/deliverables that will be assessed (Section 3.0).

Define exceptional, very good, satisfactory, marginal and unsatisfactory performance standards for key milestones/deliverables (Section 3.1).

Describe the surveillance methodology that will be employed by the USACE in assessing the contractor’s performance (Section 4.0).

Describe the surveillance documentation process and provide copies of the form that the

USACE will use in evaluating the contractor’s performance (Section 5.0).

Outline payment and corrective action procedures (Section 6.0).

2.0 ROLES AND RESPONSIBILITIES OF USACE OFFICIALS

2.1 CONTRACTING OFFICER (KO)

The KO is responsible for reviewing the COR’s assessment of the contractor’s performance; and resolving all differences between the COR’s assessment and the contractor’s assessment of performance. It is the KO that assures the contractor receives impartial, fair, and equitable treatment under the contract. The KO is ultimately responsible for the final determination of the adequacy of the contractor’s performance. The KO is the only one authorized to obligate the Government on this contract.

2.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR is responsible for technical administration of the project and assures proper USACE surveillance of the contractor’s performance. The COR is responsible for monitoring, assessing, recording, and reporting on the technical performance of the contractor.

2.3 TECHNICAL EXPERTISE AND SUBJECT MATTER EXPERTS (SME)

The KO and COR may call upon the technical expertise of other USACE officials and Subject Matter Experts (SME) as required. These USACE officials/SMEs may be called upon to review technical documents and products generated by the contractor. Contracting Agency Representatives will also conduct review of contract documentation such as invoices, monthly status reports, and work plans.

3.0 KEY MILESTONES/DELIVERABLES TO BE ASSESSED

At a minimum, the following milestones and associated deliverables specific to Badlands Bombing Range Oglala…