Solicitation_1204N019Q0001.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

1204N019Q0001

6. SOLICITATION ISSUE DATE

Dec 6, 2018

7. FOR SOLICITATION

INFORMATION CALL

a. NAME Cynthia B. Armour

b. TELEPHONE NO. (No collect calls) 541-416-6662

8. OFFER DUE DATE/LOCAL TIME

Jan 3, 2019 by Noon

9. ISSUED BY CODE

Ochoco National Forest 3160 NE Third St.

Prineville, OR 97754

Cyndy Armour – Contracting Officer

|_| UNRESTRICTED

|X| SET ASIDE: 100 % FOR

|X| SMALL BUSINESS

DESTINATION UNLESS BLOCK IS MARKED

|_||_| SEE SCHEDULE

15. DELIVER TO CODE

USDA, OCFO, COD, APB

PO BOX 60075

New Orleans, LA 70160

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The resulting contract may be used by other National Forests (FS) in Region 6, and other Government agencies including National Park Service (NPS), Bureau of Land Management (BLM), Bureau of Indian Affairs (BIA), and National Fish and Wildlife Service (NFWS). Use of this solicitation is optional for other forests and agencies.

This solicitation may be used by other National Forests (FS) including National Forests in other Regions, and other Government agencies including National Park Service (NPS), Bureau of Land Management (BLM), Bureau of Indian Affairs (BIA), and National Fish and Wildlife Service (NFWS). Use of this solicitation is optional for other forests and agencies.

Note: NO award will be made to a contractor not registered in SAM. See FAR Clauses 52.212-3 and 52-212-4.

See page 103 for Requirements for Response to Solicitation (Attachment #15).

Continued……

25. ACCOUNTING AND APPROPRIATION DATA

|X| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA |X| ARE |_| 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.

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) Cynthia B. Armour 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL STANDARD FORM 1449 (10-95)

Level 1: Bachelor of Science (B.Sc.) degree in relevant field of study with up to 1 year of field experience performing botanical surveys in the Pacific Northwestern United States. Experience must be of the type of plant survey being asked for in each specific BPA call.

Level 2: Bachelor of Science (B.Sc.) degree in a relevant field with 1 to 3 years of field experience in the Pacific Northwestern United States, OR a Master’s (M.Sc.) degree in relevant field of study and up to 1 year of experience performing botanical surveys in the Pacific Northwestern United States. Experience must be of the type of plant survey being asked for in each specific BPA call.

Level 3: Bachelor of Science (B.Sc.) degree in relevant field of study with 3-5 years of experience in the Pacific Northwestern United States, OR a Master’s (M.Sc.) degree in relevant field of study and 1 to 3 years of experience in the Pacific Northwestern United States, OR a Doctor of Philosophy (Ph.D.) degree in a relevant field of study and up to 2 years of field experience performing botanical surveys in the Pacific Northwestern United States. Experience must be of the type of plant survey being asked for in each specific BPA call.

Level 4: Bachelor of Science (B.Sc.) degree in relevant field with 5+ years of experience in the Pacific Northwestern United States, OR a Master’s (M.Sc.) degree in relevant field and 3+ years of experience in the Pacific Northwestern United States, OR a Doctor of Philosophy (Ph.D.) degree in a relevant field of study and more than 2 years of field experience doing botanical surveys in the Pacific Northwestern United States. Experience must be of the type of plant survey being asked for in each specific BPA call.

The hourly rates shown in the Schedule of Supplies or Services are not a representation of actual quantities or unit of measure to be ordered, but serve as a means of developing a pool of contractors for competing BPA calls.

Specific BPA calls will be solicited separately and by any Contracting Officer (CO) of any Federal agency in the states of Oregon and Washington. Each BPA call will be site specific and will be advertised amongst the awardees of each specific area/kind of surveys. Each BPA call can be structured the way that makes the most sense to the program manager/COR/Botanist and the CO. BPA calls can be structured as per acre unit of measure or on an hourly basis, for example, again what makes sense to the CO and program manager, using the hourly rate to develop a firm-fixed price instrument.

CAUTION: Issuance of a call order for hours and no deliverable may violate HR law or result in an OIG finding regarding the purchase of merely a level of effort as opposed to completion of a specified task.

Please respond fully to the solicitation requirements (e.g. pricing, representations and certifications, and selection criteria). The rates your firm proposes shall be commercial “shelf” rates that will be used for award evaluation purposes. Vendors are cautioned that as awards of a Blanket Purchase Agreement are based, in part, on the pricing proposed herein, subsequent vendor quotes for specific unit BPA calls must be representative and reflective of those rates or they shall be removed from the pool of vendors for that work activity. Therefore it is imperative that each vendor provide the Government with their best commercial rate for each activity they are capable of performing and that those rates be similar to the quotes on individual BPA calls submitted for specific units.

Vendors must indicate which areas they are available to work in. Check all that apply.

Area No.

Vascular Plant Surveys, Western Oregon

Vascular Plant Surveys, Western Washington

Vascular Plant Surveys, Eastern Oregon

Vascular Plant Surveys, Eastern Washington

Non-Vascular Plant Surveys, Western Oregon

Non-Vascular Plant Surveys, Western Washington

Non-Vascular Plant Surveys, Eastern Oregon

Non-Vascular Plant Surveys, Eastern Washington

Fungi Surveys, Western Oregon

Fungi Surveys, Western Washington

Fungi Surveys, Eastern Oregon

Fungi Surveys, Eastern Washington

Due to the wide variety of habitats in Oregon and Washington, which may affect survey timing and intensity, the bid items are divided into four geographic areas based on the crest of the Cascade Mountains: western Oregon, eastern Oregon, western Washington, and eastern Washington. Some National Forests contain lands on both sides of the crest of the Cascade Mountains. Each BPA call will provide the number of acres that need to be surveyed in each geographic area.

Project sites may be located within Washington and Oregon, in Forest Service Region 6. Work may occur, but is not limited to, federal lands administered by the Forest Service (FS), National Park Service (NPS), Bureau of Land Management (BLM), Bureau of Indian Affairs (BIA), and National Fish and Wildlife Service (NFWS). Note to Federal Agencies: Some Federal Agencies will require Interagency Agreements before issuing BPA calls.

1. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g.,use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5CFR Part1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5CFR Part1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

ADDENDUM TO 52.212-4

2. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov. and www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) FAR 52.204-7 System for Award Management (OCT 2018) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.232-18 Availability of Funds (APR 1984) FAR 52.232-25 Prompt Payment (JAN 2017) FAR 52.233-1 Disputes (MAY 2014) FAR 52.233-3 Protest After Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.236-2 Differing Site Conditions (APR 1984) FAR 52.236-3 Site Investigations and Conditions Affecting the Work (APR 1984) FAR 52.236-6 Superintendence by the Contractor (APR 1984) FAR 52.236-7 Permits and Responsibilities (NOV 1991) FAR 52.236-8 Other Contracts (APR 1984) FAR 52.236-11 Use and Possession Prior to Completion (APR 1984) FAR 52.236-13 Accident Prevention (NOV 1991) FAR 52.242-14 Suspension of Work Order (APR 1984) FAR 52.242-15 Stop Work Order (AUG 1989) FAR 52.242-17 Government Delay of Work (APR 1984) FAR 52.243-1 Changes—Fixed Price (AUG 1987) –Alternate 1 (APR 1984) FAR 52.245-1 Government Property (JAN 2017) FAR 52.246-20 Warranty of Services (MAY 2001)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

AGAR 452.236-73 Archaeological or Historic Sites (FEB 1988) AGAR 452.237-75 Restrictions against Disclosure (FEB 1988)

3. SCOPE OF WORK

The purpose of this contract is to provide a pool of contractors available to accomplish botanical surveys to determine the presence or absence of target species, document and map locations and populations of target species, and provide an ecological description of the areas surveyed. Work can be on lands managed by federal agencies anywhere in the states of Oregon and Washington. Botanical surveys may include vascular plants (including rare and invasive plants), non-vascular plants (bryophytes [mosses and liverworts] and lichens), and/or fungi, for an assortment of projects in diverse ecological settings over a broad geographic area. This is a Blanket Purchase Agreement (BPA) that spans multiple years (5 years – will be reviewed every year for relevancy). This contract requires surveys and documentation to be in compliance with its terms, specifications, clauses and provisions.

Over the duration of the contract, individual BPA calls with actual quantities will be issued and price competed. Only vendors in the initial contract award pool will be allowed to submit a quote on the work offered, but are not required to quote on all orders. No restrictions have been set regarding the number of vendors in the award pool; however, sufficient awards will be made to provide for adequate competition for BPA calls. The Government anticipates approximately 3-5 awards per location.

The products of this contract will be:

1. Conduct botanical surveys according to protocol(s) for target botanical species.

2. Document and map target species when located by surveys, using GPS and field forms. Fill out appropriate forms legibly so they are able to be printed or copied.

3. Document and map areas surveyed whether or not target species were found, on appropriate forms filled out legibly and able to be printed or copied.

4. Provide habitat information for target species populations and areas surveyed.

5. Provide maps delineating survey routes and populations of target plant species, or GPS Tracks of survey routes with locations of target plant species.

6. Appropriately collected and annotated voucher specimens of target plant species.

7. Monumenting of verified or potential target species.

8. Provide photos of each target species showing the entire plant as well as photos showing diagnostic characteristics (see each species protocol for additional requirements), and the habitat it occurs in.

9. Written report summarizing areas surveyed and target species located/mapped. If surveys span more than one season, then annual reports will be provided. If one-season surveys, then a final report will be provided. Reports include associated species, habitat descriptions, and habitat threats/disturbances.

10. Provide GIS mapping files and include a complete list of target species per unit and their location coordinates in an excel spreadsheet. Each BPA call will specify which mapping coordinates are to be used (e.g. UTM in Datum NAD 1983, Zones 10 North or 11 North, or latitude and longitude in decimal degrees).

4. LOCATION

Project sites would be located on Federal lands within the states of Oregon and Washington. All Federal agencies located in the states of Oregon and Washington may utilize this contract, but it is not required. The main federal agencies using this contract will likely be the U.S. Forest Service (USFS) and U.S. Bureau of Land Management (BLM).

5. BPA CALLS

Over the duration of the contract, individual BPA calls with actual quantities will be issued and price competed. Only vendors in the initial contract award pool will be allowed to submit a quote on the work offered, but are not required to quote on all orders. BPA calls will include site-specific work, maps, reporting requirements and deliverable information.

6. ACCESS

Survey area maps will be provided with each BPA call Request for Quotes. Work areas may be reached by Forest Service or BLM roads that are accessible by a standard two-wheel drive or four-wheel drive vehicle during normal operating seasons, unless otherwise indicated on Project Maps or Federal Travel Management maps. The cost of standard access described above should be included in the unit pricing on any BPA call. Some areas may require a walk-in distance to reach the survey site. If access is limited, the individual BPA call may request the Quoter to reflect access cost in their quotes. Vehicles shall not operate off system roads without prior written approval of the Contracting Officer.

In case of inaccessibility due to snow, mud, washouts, rock, slides, or fallen trees, the Government may, (1) clear the blockage or (2) provide an alternative route or (3) delete the inaccessible unit(s) or (4) substitute similar unit(s).

No vehicle shall by-pass any officially blocked road (barriers, locked gates, posted signs, rock/log/dirt, etc.) without approval of the Contracting Officer. If approval is granted to go past locked gates, then a Government-furnished key will be made available to the Contractor.

7. DEFINITIONS

Bryophytes – A division of non-vascular plants composed of mosses, hornworts, and liverworts.

GeoBOB – The Oregon/Washington BLM Geographic Biotic Observations Database that contains plant and animal survey and location data.

Geographic Areas – Four geographic areas are delineated for this contract based on the crest of the Cascade Mountains: western Oregon, eastern Oregon, western Washington, and eastern Washington (see map, Attachment #1).

GPS – Global Positioning System – a network of orbiting satellites that use geometry to triangulate the position of the users ground position on the earth’s surface.

Intuitive Controlled Survey Method – Survey effort covers a representative (80%) cross section of all major habitats and topographic features within unit areas including slopes, draws, benches, ridges, riparian or wet areas, rock outcrops and meadows and is concentrated in areas of highly suitable habitat for the target species.

Invasive Plant Species – A species that does not naturally occur in a specific area and whose introduction does or is likely to cause economic or environmental harm or harm to human health.

ISSSSP – The Interagency Special Status/Sensitive Species Program (ISSSSP) is a collaboration between Region 6 Forest Service and Oregon/Washington BLM to manage special status species (see www.fs.fed.us/r6/sfpnw/issssp).

Latitude, Longitude (lat/long) – A geographic coordinate system. A point referenced by its latitude and longitude values. Decimal degrees will be used when latitude and longitude is specified in the BPA call.

Non-Vascular Plants – Term used in this contract that refers to bryophytes and lichens.

NRM – The U.S. Forest Service Natural Resource Manager (previously known as NRIS and may be referenced as such on forms) is a set of corporate databases and computer applications designed to support field-level users. It houses the Threatened, Endangered, and Sensitive Plants – Invasive Species (TESP-IS) database.

Population – Multiple sites of a target species within a survey area. The BPA call may specify how to define sites for the target species. For example, for vascular plant species, the BPA call may define sites as being greater than 100 meters between individuals.

Site(s) – Locations of target plant species. Sites are individuals or groups of target species. A sighting form should be filled out and a voucher may need to be collected for each site, depending on the target botanical species. See http://www.fs.fed.us/r6/sfpnw/issssp/documents2/im-or-2012-010-vouchering-policy.pdf.

Special Status Plant Species – For the purpose of this contract, this term will refer to vascular, non-vascular (bryophytes [mosses and liverworts] and lichens) plant species and fungi that meet the following requirements. These are species which are proposed for listing, officially listed as threatened or endangered, or are candidates for listing as threatened or endangered under the provisions of the Endangered Species Act (ESA); those listed by a State in a category such as threatened or endangered implying potential endangerment or extinction; and those designated by the USFS Regional Forester/State BLM Director as sensitive or strategic; Survey & Manage plant species, and those species of local importance determined by an agency Botanist.

Survey Area – The entire area where target species are searched for even if no target species are found.

Target Plant Species – Species that are required to be surveyed on a BPA Call.

TESP – Threatened, Endangered, and Sensitive Plants

Unique Identifier or Collection Number – Use a numbering system that includes your initials and the sequential number that falls in line with your field collection notebook numbering system. For example: SCL8515 or A.G. 45038 or Emerson 1203. Do not include species codes in your collection number, if you’re identification is not correct; then the code makes no sense.

Universal Transverse Mercator (UTM) - A projected coordinate grid system based upon one of many different mapping projections. The projected coordinate system for UTMs is Datum NAD 1983, Zones 10 North or 11 North when specified on the individual BPA call. The data is displayed in meters Easting (X coordinate) and Northing (Y coordinate).

8. CONTRACTOR OBLIGATIONS

The contractor shall furnish everything necessary to perform this contract including, but not limited to, all labor, equipment, supervision, materials/supplies (except those materials designated as Government furnished; see section #20) and incidentals necessary to perform vascular and nonvascular plant surveys in accordance with the enclosed specifications, terms and conditions. All federal and state rules and regulations will be followed as well as appropriate federal agency jurisdictional guidelines unique to each agency.

Follow Federal and state rules and regulations which include but are not limited to:

· Transportation

· Equipment Operation

· Licensing

· Permitting

· Safety

· Labor Laws

· Federal Travel Regulations

The Contractor shall be liable for all loss or damage of such Government-furnished property until completion and final acceptance of work required under this contract.

The Contractor shall provide field personnel who have experience and knowledge of the following:

a. Are proficient in the identification of target species which pertain to the type of survey being conducted.

b. Experience in proper collection techniques for voucher specimens.

c. Experience in field techniques including aerial photo, map interpretation, and floristic field observation skills. This includes the identification of vascular plant species and plant communities for the geographical area of interest (to be able to make a list of associated species).

d. Ability to document location, ecological condition, habitat, and survey routes for areas occupied by target species.

Specifically, but not necessarily all inclusive, the Contractor shall furnish:

a. Compass with azimuth and the appropriate declination setting for the geographic area.

b. Clinometer

c. Hand Lens (minimum magnification 10X).

d. GPS receiver unit, recreational grade (e.g. Garmin E-Trex at a minimum) that will be used to map each site for each target species. The GPS unit must be capable of allowing the user to select the correct coordinate system (UTM and datum or lat/long) as specified in the BPA call. Mapping accuracy shall be 30 meters or better.

e. Protective covering for original aerial photos (large “Ziploc” freezer bags).

f. As specified in the BPA call, wide-lined permanent markers for marking flagging and fine-lined permanent marking pens for marking topographical maps and/or aerial photos.

g. Appropriate technical references (i.e., plant keys and monographs) to accurately identify botanical species encountered during the inventory. Examples include:

1. Vascular Plants – Flora of the Pacific Northwest (Hitchcock and Cronquist, et. al. Second Edition, 2018); Jepson Manual (Baldwin et al. 2012); Field Guide to the Sedges of the Pacific Northwest (Wilson et al. 2014); Flora of Oregon volume 1: Pteridophytes, Gymnosperms, and Monocots (Meyers et al. 2015).

2. Bryophytes – California Mosses (Malcom, Shevock, and Norris 2009); Keys to the Liverworts and Mosses of California (Norris 2004); Moss Flora of the Pacific Northwest (Lawton 1971).

3. Lichens – Macrolichens of the Pacific Northwest (McCune and Geiser 2009)

4. Fungi – Mushrooms of the Pacific Northwest (Trudell and Ammirati 2009); Phaeocollybia of Pacific Northwest North America (Norvell and Exeter, 2009); Field Guide to North American Truffles (Trappe et al., 2007); Mushrooms Demystified (Arora 1986); Ramaria of the Pacific Northwestern United States (Exeter et al., 2006); Handbook to Strategy 1 Fungal Species in the Northwest Forest Plan (Castellano et al., 1999), Handbook to Additional Fungal Species of Special Concern in the Northwest Forest Plan (Castellano et al., 2003). On-line keys can be found at the Pacific Northwest Key Council: http://www.svims.ca/council/

h. A digital camera with a minimum resolution of 5 mega-pixels, JPEG format.

i. Compound and dissecting microscopes and chemicals required for proper identification of target species, and packets or other appropriate containers for vouchering specimens (see http://www.fs.fed.us/r6/sfpnw/issssp/inventories/identification.shtml)

j. Blank CDs or USB/thumb drive, for submitting electronic forms, maps, photos, summary report, and electronic data files.

k. Contractors must have access to a computer with an internet connection, email, and Microsoft Word and Excel programs and GIS mapping software if specified in BPA call.

9. INSPECTION

The Government will conduct inspections of random survey units and all paperwork to determine work quality. Each BPA call will specify what percent or how often inspections will occur of field forms, voucher specimens, and inspections of field surveys.

Table 1 provides an example of a scenario for inspecting work on this contract. (next page)

Table 1. Example of Government Quality Assurance Surveillance Plan for Vascular, Non-Vascular, and Fungi Surveys.

Performance Requirement Performance Standard

Adhere to all survey protocols See Section #15

· Inspection of the survey procedures may be ongoing while survey is in progress.

See Sections #10 (Inspection of Services); #11 (Rework) and #14 (Payment)

Documentation forms and maps See Section #15

Monument Field Sites for each target species population See Section #15

Voucher Specimens See Section #15

Field Procedures See Section #15

Final Report See Section #16

10. FAR 52.246-4 INSPECTION OF SERVICES—FIXED-PRICE (AUG 1996)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test 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 and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, 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.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with 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 is directly related to the performance of such service; or

(2) Terminate the contract for default.

11. REWORK

The Contractor will be required to rework any area or portion thereof that does not meet the terms of the contract. If the inspection reveals the need for rework, the COR will notify the Contractor immediately in writing. All rework must be completed prior to proceeding with new areas, unless otherwise specified in the BPA call.

The following deficiencies will require rework:

1. Populations or habitats not identified;

2. Survey and/or Sighting forms not filled out completely and correctly, or do not have linking identifier to any voucher specimen and map;

3. Voucher specimen field tags not completely filled out or do not have linking identifier to any sighting form or map, or missing photos of target species and habitat.

4. Maps that do not thoroughly or accurately portray the survey route, have target species incorrectly located, are not legible, and do not have a linking identifier to any sighting forms, and voucher specimens;

5. Sites that cannot be relocated by flagging or do not have a linking identifier to any sighting forms, voucher specimens and maps

Unless otherwise specified in the BPA call, if work falls below minimum standards for field work (e.g., inaccurate GPS coordinates, monumenting) and documentation (e.g., maps, sighting forms, vouchers, and report), the Government will immediately notify the Contractor in writing and order improvement of the quality of future work. Reinspection after rework will be made in the same manner as the first inspection but in a different area. If the quality of future work is not raised to a satisfactory level within three consecutive workdays after receipt of notice in writing of unsatisfactory work, the Contractor’s right to proceed may be terminated and the contract considered in default. Repeated failure to perform work at an acceptable performance shall also be considered reason for contract termination and default action.

12. CONTRACTOR’S QUALITY CONTROL PLAN

For contract evaluation purposes only, the Contractor shall provide a detailed Quality Control Plan (QCP) in their proposals specific to the Technical Approach requirements. In general, the Quality Control Plan must demonstrate how the contractor will assure quality, and meet the requirements and specifications of the contract. It shall describe: how quality will be monitored to assure the performance standards are met; the supervision of the work; and personnel that will be performing the quality control. In addition, the Contractor should address industry standard guidelines, and any applicable State or Federal specifications, protection to the environment and wildlife habitat, and public safety in constructing a Quality Control Plan.

The Government may or may not require a specific quality control plan for each BPA call competed. If required it will be described in the BPA call. The Government may ask for additional information in the Quality Control Plan prior to acceptance.

When required and after the Contractor’s Quality Control Plan has been accepted by the Government, it will be incorporated into the Government’s Quality Assurance Surveillance Plan.

13. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN - See #10 Inspection

The Contracting Officer or the Contracting Officer’s duly authorized representative COR will inspect and accept the supplies and/or services to be provided under this contract.

Monitoring may consist of:

a. Field operations by visiting job site(s).

b. Compliance to Quality Control Plan.

c. Compliance to any requirements listed on individual BPA calls, including adherence to performance period and time table for subitems.

The Government will incorporate a mutually agreed upon Contractor Quality Control Plan into a Government Quality Assurance Surveillance Plan.

14. PAYMENTS

Payment will be made at the unit price offered in the schedule of items in each BPA call, for the unit of measure completed and accepted. A mutually agreed upon schedule for periodic payments will be arranged at the post award conference. When inspection results are not at a satisfactory level and the deficiency is correctable, payment will not be made until the deficiency has been corrected. Final payment under the contract will not be made until all Government-furnished property utilized during performance of the contract has been returned as directed by the COR.

The following is an example, as the Payment schedule will be determined by the CO for each BPA call. FULL PAYMENT meets all of the following 4 conditions:

1. If >95% of the field forms turned in for payment meet the performance standards and Contractor has corrected the deficiencies within three days of notification by the COR.

2. If >95% of the inspected mapped target species locations meet the performance standards.

3. If > 95% of voucher specimens are submitted are properly prepared with the required forms attached.

4. If >95% of the inspected units meet the performance standards for field procedures and species identification.

PARTIAL PAYMENT is based on the average percentage of the above 4 conditions when at least one condition falls below the threshold. The conditions are evenly weighted.

Example: Contractor meets conditions 1, 2 and 4 above for 100% but meets condition 3 at 60%. Partial payment would be calculated as follows:

100% condition 1 completed x 25% weighted average = 25 (100 x .25 = 25) 100% condition 2 completed x 25% weighted average = 25 (100 x .25 = 25) 60% condition 3 completed x 25% weighted average = 15 (60 x .25 = 15) 100% condition 4 completed x 25% weighted average = 25 (100 x .25 = 25) For a total of: 90 % of quote price

15. DELIVERABLES/TASKS

Field Work and Documentation

BPA…