Attachment_1_-_ND_NRI_Soils_PWS_2018.pdf

PERFORMANCE WORK STATEMENT

for

Soil Resource Inventory Data Collection Services

In

North Dakota

U.S. Department of Agriculture

Natural Resources Conservation Service

TABLE OF CONTENTS

C.1 General Information

C.1.1 INTRODUCTION AND BACKGROUND

C.1.1.1 General Information

C.1.1.2 Work Purpose

C.1.1.3 Location of Contract Services

C.1.1.4 Work by the Government

C.1.1.5 Layout of Section C

C.1.2 CONTRACTOR MANAGEMENT AND RESPONSIVENESS

C.1.2.1 Contractor Responsiveness

C.1.2.2 Meetings, Conferences, and Briefings

C.1.3 PERSONNEL

C.1.3.1 Supervision of Work

C.1.3.2 Personnel Qualifications and Certifications

C.1.3.3 Subcontractors

C.1.3.4 Employment Limitations

C.1.3.5 Employee Roster

C.1.3.6 Conduct of Personnel

C.1.4 CONTRACTOR INTERFACES

C.1.4.1 Government Supervision of Contract Personnel

C.1.4.2 Inspection by Government Agencies

C.1.5 COMPLIANCE

C.1.5.1 Safety

C.1.5.2 Physical Security Access Compliance

C.1.5.3 Government Facility Compliance

C.1.6 PERFORMANCE

C.1.6.1 Quality Control

C.1.6.2 Performance Evaluation

C.1.6.3 RESERVED…………

C.1.7 INFORMATION

C.1.7.1 Data Criteria

C.2 Definitions

C.2.1 GENERAL

C.2.2 ACRONYMS

C.2.3 DEFINITIONS

C.3 Government-Furnished Property and Services

C.3.1 GENERAL

C.3.1.1 Property Applicable

C.3.1.2 Property Provided by the Government

C.3.1.3 Contractor Accountability

C.3.1.4 Inventory Management

C.3.1.5 Property Shortages and Damages

C.3.1.6 Security

C.3.1.7 Operation, Use, and Care

C.4 Contractor-Furnished Property and Services

C.4.1 GENERAL

C.4.1.1 Removal of Contractor Property

C.4.2 EQUIPMENT

C.4.2.1 Maintenance and Repair

C.4.3 SERVICES

C.4.3.1 Communication Services

C.4.3.2 Personal Equipment

C.5 Specific Work Requirements

C.5.1 MANAGE WORK REQUIREMENTS

C.5.1.1 General Information

C.5.1.2 Work Tasking Receipt and Documentation

C.5.1.3 Work Tasking Approval & Authorities

C.5.1.4 Coordination and Scheduling

C.5.1.5 Work Task Reporting

C.5.1.6 General Task Performance

C.5.1.7 Specific Tasks

C.6 Technical Reference Library

C.6.1 PUBLICATIONS

C.7 Technical Exhibits

C.8 Reports and Deliverables List

Technical Exhibit 1.3-001

CONTRACTOR EMPLOYEE Qualifications

Technical Exhibit 1.3-002

CONFIDENTIALITY CERTIFICATION AND REQUEST FOR ACCESS TO NATIONAL

RESOURCES INVENTORY (NRI) DATA

Technical Exhibit 1.7-001

Performance Requirements Summary

Technical Exhibit 3.2-001

Government-Furnished property

C.1 GENERAL INFORMATION

C.1.1 INTRODUCTION AND BACKGROUND

C.1.1.1 General Information

C.1.1.1.1 Work Responsibility. Contractor shall plan, program, administer, manage, and execute the work necessary to provide the specified services. The Contractor shall comply with applicable Federal, State, and local laws, regulations, and directives to include applicable publications in Section C.6. The Contractor shall perform all work in accordance with the professional licensing and certification laws of the respective state where the work is performed.

C.1.1.1.2 Services Required. The Contractor shall provide Soil Resources Inventory Data Collection Services to the US Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) located in the state of North Dakota. The Contractor shall provide for all services, supervision, labor, tools, materials, equipment, and management necessary, unless otherwise specified (see Section C.3 and C.4), to administer and perform the specified Soil Resources Inventory Data Collection Services in accordance with the requirements specified in this PWS.

C.1.1.1.3 Contractor Direction. The Contractor shall perform services under the direction of the Contracting Officer (CO). The Contracting Officer will designate specific technical representatives referred to as Contracting Officer’s Technical Representatives (COTR) for specific locations where services are to be performed. Responsibility for Contract oversight at an individual location may be delegated to specific Government personnel as approved by the Contracting Officer.

C.1.1.1.4 Contractor Authority. Except in those instances where approval authority has been withheld or limits defined, the Contractor shall take action (i.e., approve or recommend approval) on work tasks.

Actions that do not meet both of these conditions shall be forwarded to the Contracting Officer Technical Representative (COTR) for final approval.

C.1.1.2 Work Purpose

The Contractor shall provide Soil Resources Inventory Data Collection Services to support the Natural Resources Conservation Service (NRCS) to meet its mission statement: “The Natural Resources Conservation Service provides leadership in a partnership effort to help people conserve, maintain, and improve our natural resources and environment.”

C.1.1.3 Location of Contract Services

The Contractor shall provide services for the NRCS within the area specified in this Contract. The Contractor shall perform services in both the field and office environment based upon the specific task(s) assigned.

C.1.1.4 Work by the Government

The Government reserves the right to utilize Government personnel or other contractors to accomplish the same type or similar work as stated in this Contract.

C.1.1.5 Layout of Section C

C.1.1.5.1 Section C Contents

The following areas contained in Section C of this PWS are structured as follows:

• C-1: General Information

• C-2: Acronyms and Definitions

• C-3: Government-Furnished Property (GFP) and Services

• C-4: Contractor-Furnished Property and Services

• C-5: Specific Tasks

• C-6: Publications and Forms

• C-7: Technical Exhibits

• C-8: Reports and Deliverables

C.1.1.5.1.1 Technical Exhibits. Technical Exhibits are used to provide supplementary information and can be in forms of text, tables, graphs, or maps. Technical Exhibits may be referenced from any part of the PWS. Technical Exhibits for Section C have a 5-digit number that links them to a designated PWS Section; e.g., Technical Exhibit 1.3-001 is the first Technical Exhibit referenced from Section 1.3. All Technical Exhibits are contained in Section C.7.

C.1.1.5.1.2 Reports and Deliverables. The Contractor shall compile historical data, prepare required reports, and submit information as specified by the Reports and Deliverables (RD) requirements. RDs in this Contract may be referenced from any part of the Contract. RDs for Section C have a 3-digit number which links them to a designated Contract Section, e.g., RD 103R001, is the first RD referenced in Section C.1.3. A listing of all RDs is located in Section C.8 of this Contract.

C.1.2 CONTRACTOR MANAGEMENT AND RESPONSIVENESS

C.1.2.1 Contractor Responsiveness

The Project Manager or designated representative shall return all calls from the COTR within one working day unless during an emergency or otherwise specified herein.

C.1.2.2 Meetings, Conferences, and Briefings

C.1.2.2.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the Contracted functions and services, as required by the Government, to provide effective communication and necessary information. The contractors shall conduct themselves as representatives of NRCS.

C.1.2.2.2 The Contractor shall participate in meetings with NRCS customers: Federal, State, and local agencies and their representatives; civic groups; land owners; tribal members; and other contractors as required by the Government. These meetings include both on-site and off-site meetings, and the frequency may be weekly, monthly, or as otherwise required. The contractors shall conduct themselves as representatives of NRCS.

C.1.2.2.3 Contractor employees shall participate in technical training sessions as directed by the COTR.

Contractor employees shall be required to attend a training session prior to commencement of work.

C.1.3 PERSONNEL

C.1.3.1 Supervision of Work

The Contractor shall supervise work performed by Contractor personnel to ensure that all Contract requirements are met. The Project Manager or designated alternate shall ensure that required supervision of Contractor personnel is provided whenever work is being performed.

C.1.3.2 Personnel Qualifications and Certifications

All Contractor personnel shall be fully qualified to perform the work to which they are assigned under this Contract prior to Contract start date or specialized task assignment. Current skill requirements are listed at TE 1.3-001.

Non-Disclosure. The NRI program is based upon scientific and rigorous sample survey protocols.

These protocols include maintaining and protecting the integrity and confidentiality of data gathering sites. USDA and NRCS policy states that: “The geographic locations of data gathering sites used for USDA’s NRI are not public information and are to be used only for purposes of official NRI data gathering activities or for such purposes approved by the Secretary”. All of the contractor’s data gatherers shall sign a Confidentiality Statement (TE 1.3-002) under United States Code (USC), Title 18, Section 1905; USC, Title7, Section 2276 and USC, Title 7, Section 2240 for non-disclosure of confidential information relative to data site locations and/or private/corporate non-use of composite data. The Confidentiality Statement shall be signed prior to starting data collection. The NRI data that identifies owners, operators, or data collection sites are not to be released to the public. The Contractor shall retain all completed non-disclosure statements on file for immediate review by the COTR upon request.

C.1.3.3 Subcontractors

Subcontractors to be used in the performance of this Contract shall be submitted to the Contracting Officer for concurrence prior to performance of work or any change. Subcontractor personnel shall be subject to the same personnel requirements as specified herein. Subcontractor information shall include company names, contact names, addresses, and telephone numbers. (RD 103R001)

C.1.3.4 Employment Limitations

C.1.3.4.1 Employment of Aliens. The Contractor shall not employ any alien who is not lawfully employable in the United States.

C.1.3.4.2 Language Requirement. The Contractor shall employ only persons able to speak, read, write, and understand English fluently for those positions interacting with Government personnel and customers in the performance of this Contract, and where English is necessary to provide a service under this Contract.

C.1.3.4.3. Physical Fitness. The Contractor shall ensure that all Contractor personnel meet the physical requirements to perform the function(s) and task(s) to which they are assigned. At all levels, the work involves regular and recurring prolonged walking over fields and rough terrain, bending, lifting and stretching when setting up survey instruments and equipment.

C.1.3.5 Employee Roster

The Contractor shall provide the COTR with a roster listing of all employees, their job titles, and required clearances at least two calendar days prior to the Contract start date. The Contractor shall update the roster at least one working day after a change. This updated roster shall be provided to the COTR and

CO. (RD 103R002)

C.1.3.6 Conduct of Personnel

The Contractor shall be responsible for the performance and conduct of Contractor and subcontractor employees at all times. Personnel employed by the Contractor in the performance of this Contract or any representative of the Contractor entering a Government facility, shall abide by the local security regulations and shall be subject to such checks by the Government as may be deemed necessary.

C.1.3.6.1 Personnel Removal. Government rules, regulations, laws, directives, and requirements which are in place or issued during the Contract term relating to law and order, NRCS administration, and security within Government facilities shall be applicable to all Contractor employees or representatives.

Violation of such rules, regulations, laws, directives, or requirements shall be grounds for removal (permanently or temporarily as the Government determines) from the work site. Such removal of employees does not relieve the Contractor from the requirement to timely perform Contract tasks.

C.1.3.6.1.1 Removal by Contracting Officer. The Contracting Officer may require the Contractor to remove from the work site any employee, working under this Contract, for reason of misconduct or security. Contractor employees shall be subject to removal from the premises upon determination by the Contracting Officer that such action is necessary in the interest of the Government.

C.1.3.6.1.2 Removal by Security Personnel. Contractor employees may be denied entry to Government facilities by local security personnel if it is determined that such entry may be contrary to good order, discipline, or Government security.

C.1.3.6.1.3 Appearance. Contractor employees shall be well groomed, neat in appearance, and appropriately dressed for the work to be done.

C.1.3.6.1.4 Alcohol, Firearms, and Drug Use. The carrying of firearms by Contractor employees is forbidden while in the performance of this Contract. The use of alcoholic beverages or illegal drugs by Contractor personnel is forbidden while in the performance of this Contract. The Contractor shall not allow any employee who has possession of or who is under the influence of alcohol or controlled substances to perform work under this contract.

C.1.3.6.1.5 Fraud, Waste and Abuse. Contractor personnel shall be alert to and report to the COTR suspected allegations of fraud, waste, and abuse, or other intentionally dishonest conduct observed during or in the performance of this Contract.

C.1.4 CONTRACTOR INTERFACES

C.1.4.1 Government Supervision of Contract Personnel

The Contractor is responsible for the supervision of all Contractor personnel. The Government will, however, provide limited guidance and technical clarification regarding unique issues.

C.1.4.2 Inspection by Government Agencies

The Contractor shall be subject to inspections, audits, and work interruptions by other Government agencies. The Contractor shall provide access to Government-furnished facilities and Government-owned property and cooperate with visiting Government personnel conducting such activities. Inspections, audits, and similar activities may be made by agencies including, but not limited to: Occupational Safety and Health Administration (OSHA), General Accounting Office (GAO), and Inspector General (IG), and investigative agencies such as the Federal Bureau of Investigation (FBI). Such inspections, audits and work interruptions will not unreasonably delay the work.

C.1.4.2.1 Planned Visits. The Contractor shall notify the COTR of planned visits, investigations, or corrective actions required by Federal, State, local or any Government safety agencies.

C.1.4.2.2 Unplanned Visits. The Contractor shall notify the COTR or Government Representative within 15 minutes of unannounced arrival of any agents of any regulatory agency at Government facilities operated by the Contractor. The Contractor shall receive and cooperate with such agents unless otherwise instructed by the COTR.

C.1.4.2.3 Inspection/Visit Report. The Contractor shall submit a written report to the COTR, by close of business (COB) on the next duty day following completion of an inspection or visit, to include the name(s), identification number(s), agency(s) of the inspector(s), reason for visit, and any remarks made during the visit. (RD 104R001)

C.1.5 COMPLIANCE

The Contractor and Contractor employees shall comply with all applicable Federal, State, and local laws while engaged in the performance of this Contract.

C.1.5.1 Safety

C.1.5.1.1 Safety Procedures and Equipment. The Contractor shall develop procedures and practices that minimize accident risk, including internal safety directives and standard operating procedures. The Contractor shall provide all necessary personal safety equipment and gear necessary to meet regulatory requirements for the work being performed.

C.1.5.1.2 Safety Inspections. The Contractor shall perform periodic inspections of safety equipment as required by Federal Occupational Safety and Health Administration (OSHA) and local safety standards.

In addition, the Contractor shall inspect and survey Contractor work areas for potential safety hazards.

C.1.5.1.3 Reporting Requirements. The Contractor shall prepare and submit or maintain the following reports and records:

C.1.5.1.3.1 Accident Reporting. The Contractor shall comply with OSHA and other regulatory agency requirements for record keeping and reporting of all accidents in the course of Contractor work that result in death, trauma, occupational disease, property damage, or environmental damage. The Contractor shall provide a brief written report to the COTR within four hours of occurrence and a detailed written follow-up report within three operating days whenever an accident involving personal injury occurs. The Contractor shall report serious accidents as defined by OSHA as soon as possible to the COTR. (RD 105R001)

C.1.5.1.3.2 Third Party Accident Claims. If any claims are made by a third party against the Contractor as a result of an accident which occurs in connection with the Contractor's performance, the Contractor shall submit, by close of business on the first working day after the initiation of the claim, a full written report to the Contracting Officer and the COTR. (RD 105R002)

C.1.5.2 Physical Security Access Compliance

C.1.5.2.1 Government Facilities. Personnel entering Government facilities shall comply with the security requirements for the facility. All vehicles and personnel are subject to search and seizure of contraband or unauthorized Government property. Contractor vehicles (Contractor-owned and personal), Contractor employee vehicles, and their personal property shall be subject to searches upon entering and leaving and while on the Federal property.

C.1.5.2.2 Private Property. Personnel entering private property shall comply with the landowner’s rights for the respective areas that they are assigned to work in. The Contractor shall obtain permission from the landowner prior to work being performed. The Contractor shall secure all gates on private property, including the closure of gates to preclude the release or entry of livestock. The Contractor shall perform all work in a manner that protects the rights of the landowner. The District Conservationist or designee of the appropriate NRCS county will help the contractor acquire information relevant to acquiring landowner permissions, directions to site locations, reference maps, etc.

C.1.5.2.3 Disease Prevention. The Contractor shall wash vehicles following entry into lands that contain potentially infectious animal or plant diseases before transiting into non-affected areas or lands.

C.1.5.3 Government Facility Compliance

C.1.5.3.1 Smoking. The Contractor shall comply with NRCS and local policies for controlling smoking in Government buildings and facilities in accordance with Department Regulation USDA No. 4400-6 General Manual 360 Part 420.

C.1.5.3.2 Fire Prevention. The Contractor employees will be subject to the same rules and regulations that apply to NRCS and other USDA agencies.

C.1.6 PERFORMANCE

C.1.6.1 Quality Control

The Contractor shall be responsible for the quality of products and services provided under the terms of this Contract, to include those products and services provided by subcontractors. The Contractor shall re-perform work that does not meet Contract requirements, unless it is of a nature that re-performance is not possible or otherwise directed by the COTR. To ensure that the requirements of this Contract are met, the Contractor shall implement an effective Quality Control Program (QCP).

C.1.6.2 Performance Evaluation

C.1.6.2.1 Performance Evaluation Meetings. The Project Manager shall meet with the COTR or other authorized Government representatives to review Contract performance. Meetings shall include review and analyses of key process indicators, analyses of process deficiencies, and problem resolution. At these meetings, the COTR and the Contractor will discuss Contractor's performance as viewed by the Government and any problems being experienced. The COTR will take appropriate action to resolve outstanding issues. A mutual effort shall be made by the Contractor and COTR to resolve any and all problems identified.

C.1.6.2.1.1 Meeting Frequency. These meetings will be held monthly during the first 60 calendar days of the Contract and thereafter as directed by the COTR. The Contractor may also request performance evaluation meetings.

C.1.6.2.1.2 Meeting Minutes. The Government may keep an electronic recording or written report of these meetings.

C.1.6.2.2 Government Quality Assurance. The Government will inspect for compliance with Contract terms throughout the Contract period.

C.1.6.2.3 Performance Requirement Summary. Evaluation will be based on the Contractor’s compliance with the requirements set forth in the Performance Requirement Summary (PRS). The Government intends to monitor the Contractor's performance under this Contract by performing checks as contained in Contract administration surveillance plans. Typical procedures include random sampling, planned sampling, scheduled inspections, observations, and validated customer complaints.

C.1.6.2.4 Inspection Reports. When the Contractor's performance is unsatisfactory, a Contract Discrepancy Report (CDR) may be issued. The Contractor shall reply in writing within ten calendar days from the date of the CDR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence (RD 106R001).

C.1.6.3 – RESERVED

C.1.7 INFORMATION

The Contractor shall generate, maintain, and provide the programmed, unprogrammed, and other data and information requirements contained below.

C.1.7.1 Data Criteria

C.1.7.1.1 Files. Government-furnished classified and unclassified files in existence at the Contract start, and those generated under this Contract, shall be maintained as directed by the COTR. All such records and files shall immediately be made available for review by any agency or individual authorized access by the COTR or GR. All files maintained by the Contractor under the provisions of this Contract are the property of the Government and shall be returned to the Government upon expiration or termination of this Contract.

C.1.7.1.2 Regulations, Manuals, Technical Documents and Procedural Information. Regulations, manuals, and technical documents applicable to this Contract are listed in Section C.6.

C.1.7.1.3 Response for Information. The Contractor shall provide information requested by Government personnel performing official duties, to include but not limited to, monitoring Contract compliance, responses to Government and other Contractor personnel conducting information and communication systems site surveys, information systems fielding, and other communications as required by the Government.

C.1.7.1.4 Access to Data and Information. The Contractor shall ensure that all Contractor generated technical records, reports, files, and other documentation are made available to the COTR and other authorized NRCS representatives during the performance of this Contract.

C.1.7.1.5 Case File Confidentiality. The Contractor shall maintain confidentiality of case files of clients and not release information without the approval of the COTR.

C.2 DEFINITIONS

C.2.1 GENERAL

C.2.2 ACRONYMS

ALP Acceptable Level of Performance

CDR Contract Discrepancy Report

RD Contract Data Requirements List

CFE Contractor-Furnished Equipment

CFR Code of Federal Regulations

CO Contracting Officer

COTR Contracting Officer’s Technical Representative

CP Contract Performance

DC District Conservationist eFOTG Electronic Field Office Technical Guide

EJA Engineering Job Approval

FOTG Field Office Technical Guide

GR Government Representative

LAN Local Area Network

Memo Memorandum

NRCS Natural Resources Conservation Service

POV Privately Owned Vehicle RD Reports and Deliverables

RDL Reports and Deliverables List

PRS Performance Requirements Summary

PRMS Performance Results Management System

PWS Performance Work Statement

QASP Quality Assurance Surveillance Plan

QCP Quality Control Plan or Program

TE Technical Exhibit

USDA United States Department of Agriculture

C.2.3 DEFINITIONS

DEFINITIONS

The definitions set forth below are those unique to this Contract. Definitions for technical terms or words that are included in this Contract can be found in the technical documents referenced in the individual functional areas of the Performance Work Statement (PWS). The definitions provided below are oriented to the NRCS Contract services environment. In addition to the list of general definitions that apply to all services, additional definitions are provided for most services. In many cases definitions are situation specific. The total listing of definitions is not all-inclusive, but it has been derived from official publications, e.g., regulations, technical manuals, when available.

Acceptable Level of Performance (ALP): Maximum percent defective (or maximum number of defects per hundred units) that can be considered as a satisfactory performance average. The Government will normally accept the services provided the percent defective (or defects per 100 units) does not exceed the ALP. However, the Contractor shall not intentionally perform in a defective manner and shall re-perform any service found to be defective whenever possible. Decisions as to the necessity for re-performance shall be made by the COTR.

Accountability: Accountability is the obligation to keep accurate and complete records of property, documents, or funds. Important data elements may include, but not limited to, identification data, gains, losses, due-ins, due-outs, and balances on hand or in use.

Accurate: Precise and factual information. Includes information concerning Government Policy and information pertaining to soldiers, family members, retirees, and military organizations. The term applies to information maintained in databases, entered on forms, recorded in other mediums of communication for official purposes, and to the information provided directly to customers.

Alien: Any person not a citizen or national of the United States of America.

Annually: Each year.

As Directed, As Required, As Permitted, Approved, Acceptance: Where these words or words of similar import are used, it shall be understood that the direction, requirements, permission, approval, or acceptance of the Contracting Officer is intended unless stated otherwise.

As Shown: Where these words or words of similar import are used, it shall be understood that reference is made to the drawings, tables, or narrative comprising this PWS, unless stated otherwise.

Case File: The record of resource information, decisions, and technical assistance for a specific client.

A case file is established and maintained in the NRCS field office for each client where NRCS is providing continuing technical assistance on a planning unit. The case file will be maintained electronically. Information not amenable to electronic format will be maintained in hard copy under the client’s name.

Certification: One who has received a certificate or license stating he or she has met the minimum requirements for performing the services required in this Contract in accordance with the State of issue.

Check: To inspect or test the performance, condition, or safety of something.

Contract: A mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instructions, contracts include, but are not limited to, awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications (See FAR 2.101).

Contract Award: The time at which the Contracting Officer signs the Contract.

Contract Discrepancy: A failure of the Contractor to perform in accordance with contract requirements and specifications. A contract discrepancy may result from a failure of the Contractor to provide, or provide on time, the required contract products or services; or it may result because delivered products or services do not meet specific contract standards.

Contract Discrepancy Report (CDR): A report used to document unsatisfactory Contractor performance. The CDR requires the Contractor to explain, in writing, why performance is unsatisfactory;

how performance shall be returned to satisfactory levels; and how recurrence of the problem shall be prevented in the future.

Contracting Officer (CO): A person with the authority to enter into, administer, modify, and/or terminate contracts, and make related determinations and findings. The term includes certain authorized representatives of the CO acting within the limits of their authority as delegated by the CO.

Contracting Office: The office that is responsible for awarding, executing, and administering a contract for supplies or services and performing post-award functions.

Contracting Officer's Technical Representative (COTR): An individual designated in writing by the Contracting Officer to act as an authorized representative of the Contracting Officer to perform specific contract administrative functions within the scope and limitations as defined by the Contracting Officer.

The COTR does not have the authority to modify the contract.

Contract Start: The calendar date at which the Contractor takes over the service and begins work performance.

Contractor: The Contractor, its subsidiaries and affiliates, joint ventures involving the Contractor, or any entity with which the Contractor may have merged or any individual or entity that assisted or advised the Contractor in the preparation of its proposal under the solicitation resulting in this contract.

Contractor Acquired Property (CAP): Property acquired or otherwise provided by the Contractor with funding provided in the contract and to which the Government has or is given title.

Contractor-Furnished Equipment (CFE): That equipment the Contractor is required to furnish in order to perform the requirements of the contract.

Coordinate: To communicate with others, both internally and externally, to accomplish a required task.

Correct: In accordance with the governing publication. The term applies to the manner in which actions are completed and to information provided directly to customers.

Corrective Action: Consists of those efforts required to correct deficiencies, determine that other products are not similarly defective; and ensure deficiencies do not re-occur.

Current: Information obtained from the most recent Government authoritative document, e.g., USDA.

Customer: Any person or organization authorized to secure support services of the NRCS.

Customer Service: Services provided directly to individual customers in response to problems and requests for information and assistance presented by individual customers to the Contractor.

Damage: Ineffective technical assistance that is not readily noticeable at the time of delivery of the technical service.

Dispose: To settle affairs, to give away, sell, or get rid of.

Disposition: The final status of materials. The last state they will remain in, e.g. destroyed or archived.

District Conservationist: Responsible NRCS official headquartered at the county level USDA Service Centers. These individuals are responsible for all aspects of NRCS administration and operations within assigned field office boundaries.

Documentation: Providing a record of an event or transaction (e.g. written, computerized or video recorded) for retrieval at a later date.

Electronic Field Office Technical Guides (eFOTG): Field Office Technical Guides that are automated as data bases, computer programs, and other electronic-based materials to include many that are web-based pages at http://www.nrcs.usda.gov/technical/efotg/

Emergency: The reporting of sudden, urgent, usually unforeseen occurrences where life or property are in immediate danger and requires immediate action.

Equipment: All non-expendable items needed to outfit/equip an individual or organization. Clothing, tools, utensils, vehicles, and similar items are articles of equipment. Equipment is mobile, and considered personal property, as opposed to real property which is attached.

Equipment (As Used in Government-Furnished Property): An item of equipment owned or leased by the Government that is furnished to a Contractor for performance of contract requirements.

Expendable Items or Supplies: Items which are consumed during normal use (e.g., paint, field supplies, office supplies) or are merged into another entity when used for their intended purpose (e.g., nuts, bolts, construction materials, repair parts).

Facilities: Buildings or structures, in whole or in part, furnished by the Government and assigned to the Contractor for contract performance. All items of Real Property other than land.

Fair Wear and Tear: The loss or impairment of the appearance, effectiveness, worth, or utility of an item that has occurred solely because of the normal and customary use of the item for its intended purpose.

Federal Acquisition Regulation (FAR): A Federal regulation establishing uniform policies for acquisition by executive agencies.

Field Office Technical Guide (FOTG): Technical guides are the primary scientific references for NRCS.

FOTGs contain technical information about the conservation of soil, water, air, and related plant and animal resources.

Fiscal Year (FY): The Government fiscal year begins every October 1st and ends the following September 30th. The fiscal year is designated by the calendar year in which it ends. For example, Fiscal Year 2008, abbreviated FY08, begins 1 Oct 2007 and ends 30 Sep 2008.

Governing Publications: The complete range of Governmental guiding documents required to manage and perform functional work. Examples are public laws, regulations, pamphlets, circulars, messages, and memoranda.

Government: The term Government as used herein includes the Contracting Officer, the COTR and other designated representatives.

Government-Furnished Equipment (GFE): A term used in this Contract to mean equipment in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor.

Government-Furnished Facilities (GFF): A term used in this Contract to mean facilities, buildings or structures, in whole or in part, furnished by the Government and assigned to the Contractor for contract performance. All items of Real Property other than land.

Government-Furnished Property (GFP): A term used in this Contract to mean property in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor.

Government or NRCS-Unique Training: Training deemed necessary for performance of a Government or NRCS contract that is available only through Government or USDA schools, seminars, or conferences.

http://www.nrcs.usda.gov/technical/efotg/

Government-Owned Property: A term used in this contract to mean property owned by or leased to the Government or acquired under the terms of the contract, and subsequently delivered to the Contractor for use by supported customers or on equipment of supported customers.

Government Publications: Publications adopted or published by the agencies of the United States

Government Representative (GR): The Contracting Officer (CO), Contracting Officer’s Technical Representative (COTR), Property Administrator, and Quality Assurance Evaluators (QAE) or as appointed by the Contracting Officer. In most cases the District Conservationist serves as the GR in the local NRCS office.

Grazing Land: (1) Collective term used by NRCS for rangeland, pastureland, grazed forest land, native and naturalized pasture, hayland and grazed cropland. Although grazing is generally a predominate use, the term is used independent of any use. (2) Land used primarily for production of forage plants maintained or manipulated primarily through grazing management. Includes all lands having plants harvestable by grazing without reference to land tenure, other land uses, management, or treatment practices.

Herein: The word “herein” as used in this Contract shall mean “in the Contract”.

His: The word “his”, as used in this Contract, is intended to mean his or her in a generic sense. It is not intended to denote gender.

Independent Contract: A Government contract that provides support or services related to but separate from another contract with the same Government customer.

Input: Information transferred into the internal storage of data processing system, representing data to be processed for information to help control the process.

Inspect: Determination and identification of the condition, defects, or malfunctions of equipment, facilities, and systems with reference to established standards.

Instruct: To teach, inform, order, or direct.

Internet: A network connecting other networks, a large network of this type that covers the United States and extends to Canada, Europe and Asia, providing connectivity to databases at Governments, Universities, Corporate networks and hosts.

Invalid: Not having legal force, evidence or sound reasoning.

Inventory: A count of items located within an area or within a system.

Landowner: The legal holder of the property deed whether single or multiple persons.

Maintenance: The recurring day-to-day, periodic, or work to repair or maintain equipment, structures, and systems in a specified condition, or to restore systems or components to initial or usable condition by overcoming the effects of deterioration, wear and tear, damage or deterioration.

Material: Property that may be incorporated into or attached to an end item that may be consumed or expended in performance of work. It includes, but not limited to, clothing, raw and processed material parts, components, and installed equipment, and assemblies. The term includes small tools and supplies that may be consumed in normal use in performance of work.

May: Is permissive. However, the words “no person may…” mean that no person is required, authorized, or permitted to do the act described.

Non-Standard Item: Look alike items that are procured locally through commercial source.

Offer: A response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called “bids” or “sealed bids;”

responses to requests for proposals (negotiation) are offers called “proposals;” responses to requests for quotations (negotiation) are not offers and are called “quotes.” (See FAR 2.101.)

On-Site: Services, investigation, analysis, and inspection performed at a customer’s location.

Organization Chart: Diagram showing the organization of units, offices, or activities.

Pasture: (1) Grazing lands comprised of introduced or domesticated native forage species that are used primarily for the production of livestock. They receive periodic renovation and/or cultural treatments such as tillage, fertilization, mowing, weed control and may be irrigated. They are not in rotation with crops. (2) A grazing area enclosed and separated from other areas by fencing or other barriers; the management unit for grazing land. (3) Forage plants used as food for grazing animals. (4) Any area devoted to the production of forage, native or introduced and harvested by grazing.

Performance Requirements Summary (PRS): The PRS shows some contract requirements, the component requirements related to each contract requirement, the price of each work requirement as a percentage of the associated contract requirement, the standard of performance, and the maximum allowable defect rate (MADR) for each work requirement.

Performance Work Statement (PWS): The PWS consists of the definitive or descriptive words identifying the subject matter of the contract referred to as the specifications or work statement.

Physical Inventory: Manually counting items located within an area, usually in a stockroom or warehouse.

Policy: A rule that governs the manner of performance.

Practice: An NRCS conservation practice as described in the Field Office Technical Guides.

Privately Owned Vehicle (POV): A vehicle owned by a person or business and not the Government.

Procedure: The step-by-step method or way that the policy or plan is to be carried out.

Process: A series of actions or operations that achieve an end or result.

Producer: Person(s) operating the land and making day-to-day decisions on the use of the land. May be operating multiple land parcels belonging to different landowners. Person(s) may be a land user or operator operating the land under a lease from the landowner. Based upon location may be referred to as a farmer, rancher, or producer. May or may not be operating the land for profit.

Professional Soil Classifier: http://www.legis.nd.gov/information/acdata/pdf/76-02- 01.pdf?20130419144413

Registration for Professional Soil Classifiers – Defined

A professional soil classifier is defined in the North Dakota Century Code (43-36-01(2)) as a person who by reason of his/her special knowledge of the physical, chemical and biological sciences applicable to soils as natural bodies and of the methods and principles of soil classification as acquired by soils education and soil classification experience in the formation, morphology, description and mapping of soils is qualified to practice soil classifying and who has been duly registered by the state board of registration for professional soil classifiers.

The practice of soil classification is defined in the North Dakota Century Code (43-36-01(7)) as any service or work the adequate performance of which requires education in the physical, chemical, http://www.legis.nd.gov/information/acdata/pdf/76-02-biological, and soil sciences, training and experience in the application of the special knowledge of these sciences to soil classification, the soil classification by accepted principles and methods, investigation, evaluation, and consultation on the effect of measured, observed, and inferred soil properties upon the various uses, the preparation of soil descriptions, maps and reports of soil properties and the effect of soil properties upon kinds of soil, any of which embraces such service or work either public or private incidental to the practice of soil classifying.

A person shall be construed to practice or offer to practice soil classifying within the meaning and intent of this chapter who by verbal claim, sign, advertisement, letterhead, card or use of some other title represents himself to be a soil classifier, but shall not mean or include the practice of soil classifying by persons exempt under the provisions of section 43-36-24 nor the work ordinarily performed by persons who sample and test soil for fertility status or construction materials and engineering surveys and soundings to determine soil properties influencing the design and construction of engineering and architectural projects. Notwithstanding the foregoing provisions, a person shall not be construed to practice soil classifying unless he offers soil classifying services to or performs such soil classifying for the public.

The right to practice soil classification in North Dakota is stated in the North Dakota Century Code (43- 36-23). No person shall practice or offer to practice professional soil classifying as defined by this chapter unless such person is duly registered to practice under or exempt from the provisions of this chapter.

Exemptions from the soil classifier law are outlined the North Dakota Century Code (43-36-24(1-4)) as:

1.) a person not a resident or having no established place of business in this state provided such person is legally qualified by the provisions of this chapter to practice soil classifying as defined herein in his/her own state which extends similar privileges to persons registered under this chapter which provided such person shall make application accompanied by the appropriate application fee to the board in writing prior to his/her practicing or offering to practice soil classifying, may be granted a temporary permit for a definite period of time not to exceed one year to do a specific job provided, however, no right to practice soil classifying shall accrue to such applicant with respect to any other work not set forth in said permit.

2.) an employee or a subordinate of a person holding a certificate of registration under this chapter or an employee of a person practicing lawfully under subsection 1, provided such work does not include final soil classifying decisions and is done under direct supervision of and verified by a person holding a certificate of registration under this chapter or a person practicing lawfully under subsection 1.

3.) practice of any other legally recognized profession or trade.

4.) practice of soil classifying by any person regularly employed to perform soil classifying services solely for his employer, or for a subsidiary or affiliated corporation of his/her employer, providing the soil classifying performed is in connection with the property, products, or services of his/her employer.

Project Manager: The single person responsible for the execution of the Contract responding to the Contracting Officer. The Project Manager may or may not be co-located with immediate project work site and may manage the Contract from a remote location i.e., corporate headquarters or regional office depending upon the scope of the Contract work.

Property: Terms “Real Property”, “Government Property”, and “Property” include all property under control of the USDA. Property includes, but not limited to, land, facilities, equipment, supplies, parts and accessories thereto, and alteration or installation of any of the foregoing. Not included is property accounted for and owned by a non-appropriated fund activity.

Property Book: Record establishing formal accountability for certain classes of non-expendable and expendable property and detailing all property transactions (authorizations, gains and losses) on each line item.

Property Responsibility: Property responsibility arises from possession of property or from the obligation of command or supervision of others who are in possession of property.

Provide: As related to a specified Contractor responsibility, this word means that the Contractor shall furnish and install the item or furnish the service.

Quality: The composite of attributes or characteristics, including performance of an item or product.

Quality Control Program (QCP): Contractor’s system to control the equipment, systems or services so that they meet the requirements of the contract.

Quality Management: A planned and systematic pattern of actions necessary to provide confidence that material, data, supplies, services, and products conform to established technical requirements and achieve satisfactory performance.

Rancher: See Producer and Landowner.

Rangeland: Land on which the historic climax plant community is predominantly grasses, grasslike plants, forbs, or shrubs. Includes lands revegetated naturally or artificially when routine management of that vegetation is accomplished mainly through manipulation of grazing. Rangeland includes natural grasslands, savannas, shrublands, most deserts, tundra, alpine communities, coastal marshes and wet meadows.

Receiving: The process of planning for the arrival and the handling of inbound supplies.

Reject: A unit of product that is determined by quality control inspection to be unacceptable for its intended use. Service that is not accepted by the customer or Government and that payment may be withheld or for which services may be required to be re-performed.

Reports and Deliverable (RD): Data required to be submitted by the Contractor to the Government. A proper and correct submission of a RD is evidenced by the following criteria: completeness, accuracy of data, preparation in accordance with applicable mandatory publication or other prescribing document, signature or initials by the certifying official or area supervisor, and correct and timely turn-in or distribution.

Responsible Individual: A person entrusted with possession of or supervision over Government property.

Responsibility: The obligation of an individual to ensure Government property and funds entrusted to his or her possession, command, or supervision are properly used and cared for and that proper custody and safekeeping are provided.

Roster: A list, or series of names and numbers.

Shall: Denotes the imperative.

Technical Bulletins (TB): Publications containing information, procedures, and techniques of a technical or professional nature relating to equipment and general subjects.

Test: Procedure of obtaining, examining, analyzing and evaluating data to determine conditions or verify performance capability.

Validated Complaint: A validated complaint is one in which the COTR or QAE has verified that the facts of the complaint are correct. Otherwise, if there is no merit to the complaint, it is just an allegation.

Vendor: One person or entity who offers services or goods for money.

Will: The word "Will", when used in connection with a Government action, is used to express a declaration of purpose on the part of the Government.

C.3 GOVERNMENT-FURNISHED PROPERTY AND SERVICES

C.3.1 GENERAL

C.3.1.1 Property Applicable

This section of the Performance Work Statement refers to that property entrusted to the Contractor to use during the performance of the work described in Section C.5.

C.3.1.2 Property Provided by the Government

The Government will provide the facilities, utilities, and equipment described herein as Government-Furnished Property (GFP) for use solely to perform the requirements of this Contract.