1. 1240LQ21R0014-0002_TermsA-E.pdf

Solicitation No. 1240LQ21R0014-0002 Pike and San Isabel National Forests PSICC Class III Heritage Cultural Resources Inventory (CRI) Page 5 of 26

Notice(s):

(i) This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR

Subpart 12.6, FAR Subpart 13.106 and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

ITEM (i) DEVIATION. This solicitation will use the Commercial Contract Format in accordance with FAR 12.303.

This contract format adds a DEVIATION to the order: Section herein has the schedule of items for the contractor to provide unit and total costs. Section B will contain the Summary/Statement of Work.

(ii) This solicitation issued on 09/09/2021 is issued as a Request for Proposal (RFP).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 2021-04.

(iv) This procurement is set aside for Total Small Business. The NAICS code is 541720, Research and

Development in the Social Sciences and Humanities. The Small Business Size Standard is $22.00M.

(v) Schedule of Items/Price Schedule. See Excel in Section D.

(vi) Description of requirements for the items to be acquired. See Section B herein and Attachment D1.

(vii) Date(s) and place(s) of delivery and acceptance and FOB point. Sections B.3 and B.4.

(viii) Provision 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition. See Section L for the applicable addenda to the provision.

(ix) Provision 52.212-2, Evaluation-Commercial Items, contains the specific evaluation criteria to be included in Section E.1 of this solicitation. Paragraph (a) outlines the addenda of that provision.

(x) Offerors are required to include a completed copy of their Representations and Certifications in response to this solicitation. All contractors should have an ACTIVE registration in SAM. See Section E.1 for further instructions and requirements. If the offeror has completed the FAR representations and can be accessed, the offeror must complete the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer.

(xi) The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. Addenda to the clause can be found in Section C.

(xii) Clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items, applies to this acquisition.

(xiii) All requirement(s) and/or terms and conditions necessary for the performance of this work are included herein, which incorporates all attachments identified in Section D of this solicitation/contract.

(xiv) Reserved.

(xv) Offers in response to this solicitation are due 28 September 2021 NLT 2359 MT and should be emailed to klenise.wallace@usda.gov. This applies only to offers received by the 24 September 2021 due date.

(xvi) For information regarding this solicitation, contact klenise.wallace@usda.gov AND lisa.corbin@usda.gov.

mailto:klenise.wallace@usda.gov mailto:lisa.corbin@usda.gov

PSICC Class III Heritage Cultural Resources Inventory (CRI) Page 6 of 26

Continuation of SECTION A, SF 1449 – Schedule of Items

Blocks 27 (a) and (b): The full text of a clause or provision may be accessed electronically at https://www.acquisition.gov/browse/index/far.

Non Discrimination Statement: The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

**STOP. Please input pricing on the Excel Spreadsheet provided with Attachments and return in Excel. **

Base Items

19.

Item No.

20.

Schedule of Supplies/Services (Description)

21.

Quantity

22.

Unit of

Measure

23.

Base Items Unit Price

24.

Base Items Total Price

Twin Lakes Vegetation Management Project – Leadville Ranger District (Unit 1) 2910 Acres $0.00 $0.00

North Pumas Project – South Park Ranger District (Unit 3) 3718 Acres

$0.00 $0.00

TOTAL BASE ITEMS $0.00

Optional Items

19.

Item No.

20.

Schedule of Supplies/Services (Description)

21.

Quantity

22.

Unit of

Measure

23.

Base Items Unit Price

24.

Base Items Total Price

Lower Twin Lakes Recreation Project – Leadville Ranger District (Unit 2) 55 Acres

$0.00 $0.00

Salida RD Designated Campsite Management – Salida Ranger District (Unit 4) 444 Acres

$0.00 $0.00

Pikes Peak RD Designated Campsite Management

– Pikes Peak Ranger District (Unit 5) 543 Acres

$0.00 $0.00

TOTAL OPTIONAL ITEMS $0.00

****Please input pricing on the Excel provided schedule of items. CONTINUE to read contract Statement of

Work. **** https://www.acquisition.gov/browse/index/far

PSICC Class III Heritage Cultural Resources Inventory (CRI) Page 7 of 26

SECTION B – STATEMENT OF WORK

B.1 SUMMARY OF WORK

The purpose of the inventory is to provide cultural resource surveys across approximately 7,670 acres of National Forest Service (NFS) lands planned for vegetation treatment and recreation sites. The Summary Report will serve as a medium for submitting the findings to the SHPO and will serve as confirmation that the Forest Service has met the requirements contained in Section 106 of the National Historic Preservation Act of 1966.

The data collected is the precursor to the Pike and San Isabel National Forests proposed plan to conduct vegetation treatment management across approximately 7,670 acres in 4 separate project areas across the Leadville, Salida, South Park and Pikes Peak Ranger Districts.

At minimum, the work under this contract would be for the completion of Class III cultural resource inventories and site evaluations to address the following:

Assist the Pike-San Isabel National Forest with compliance mandates established in Section 106 and Section 110 of the National Historic Preservation Act (NHPA).

Conduct field inventories, site recording, site evaluations, evaluation of potential effects, all associated documentation, inventory reports, and artifact curation must meet standards defined by the Colorado State Historic Preservation Office (CO-SHPO) including use of the Office of Archaeology and Historic Preservation (OAHP) forms, and the COMPASS database system (https://gis.colorado.gov/compass/).

Provide inventory reports that include discussions of preliminary management recommendations associated with the proposed undertaking. The Forest will utilize the information to make final management recommendations in consultation with the CO-SHPO, Indian Tribes, and other interested parties.

This project requires that the contractor conduct Class III intensive inventories meeting CO-SHPO standards (https://www.historycolorado.org) for survey areas identified under this contract for compliance with Section 106 of the National Historic Preservation Act. The Class III inventories will include large block surveys for vegetation management projects, such as timber sales and prescribed fire, and smaller dispersed block and linear survey locations for a variety of other resource program inventories.

Optional Items: Bid options will be awarded at the discretion of the Government, based on continuing need, price reasonableness, and availability of funding. Award will be based on the contract total value, which considers base and optional items combined.

452.211-72 Statement of Work/Specifications. (FEB 1988) 452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

B.2 SCOPE OF WORK

All field notes, reports, forms, maps, electronic data, photographs or digital images, any artifacts collected, and any data generated from this procurement are considered property of the United States and will be submitted to the COR with the final Report at the conclusion of the project. Per the provisions of the 1979 Archaeological Resources Protection Act, as amended, all computer files generated or gathered as a result of this project will be deleted from all non-federal computers used by the contractor or his/her subcontractors immediately following submission of the final report.

B.2.1 Performance of the Work See Attachment D1, Contract Specifications.

https://gis.colorado.gov/compass/

PSICC Class III Heritage Cultural Resources Inventory (CRI) Page 8 of 26

B.3 LOCATION

Units 1 and 2 - The units to be analyzed are adjacent, located approximately 12 miles Southwest of Leadville, CO in Lake County, Colorado on the Leadville Ranger District. Elevation ranges from approximately 9,200 feet to approximately 11,600 feet across the analysis area. The project area spans the following counties in Colorado: Chafee, Park and Teller.

Unit 3 - The area to be analyzed is located southeast of Jefferson, CO in Park County, Colorado on the South Park Ranger District. Elevation ranges from approximately 9,400 feet to approximately 11,000 feet across the analysis area.

Unit 4 - The area to be analyzed covers numerous township/range/sections along Browns Creek, South Cottonwood and Fourmile Travel Management areas located on the Salida Ranger District. Elevation ranges from approximately 8,000 – 10,000 feet.

Unit 5 - The area to be analyzed covers numerous township/range/sections along Rainbow Gulch, Mount Herman and Hotel Gulch areas located on the Pikes Peak Ranger District. Elevation ranges from approximately 8,000 – 10,000 feet.

See Section D Attachments, Contract Specifications and associated maps for details.

B.4 PERIOD OF PERFORMANCE

The performance period for this work is 260 Calendar days from the effective date of the Notice to Proceed (NTP).

The anticipated work start date is 4 October 2021.

452.211-74 Period of Performance (FEB 1988) The anticipated Base period of performance is from 4 October 2021 through 01 July 2022*.

*CO includes additional time at the end of the performance period to allow adequate time for Government inspection and acceptance, contractor submission of final and invoice and preparation for administrative closeout actions to include receipt of final invoice and release of claims. Base unit items must be completed by 24 June 2022.

The Contractor shall start work promptly after receipt of a Notice to Proceed (NTP). The Contractor shall maintain progress at a rate that will assure completion within the stated contract time. The contract time will generally not exceed a required rate of progress exceeding that determined from the accepted work plan.

B.4.1 Unsuitable Conditions Whenever the Contracting Officer Representative determines that the ground conditions, winds, or combination of these and other physical conditions have become unsuitable for project to continue in any area, the Contractor shall move the work force to another area(s) prescribed by the Contracting Officer. When no other area is available, the Contracting Officer will issue a suspend work order for the bid item and contract time will stop for that item. When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm the resumption in writing.

Contract time will resume on the effective work resumption date. It is the Contractor's responsibility to keep the Contracting Officer currently advised as to where the Contractor or the Contractor's Representative may be reached by telephone during periods of work suspension. If the Contractor cannot be reached at the telephone number provided, or if the Contractor fails to leave a number, a written resume work order will be mailed and contract time will resume on the date specified on the resume work order.

PSICC Class III Heritage Cultural Resources Inventory (CRI) Page 9 of 26

B.4.2 Work Completed After The Performance Period If the Contractor fails to complete work within the performance period, and is allowed to work beyond that period, the Contractor will be assessed the actual damages. Items to be included in the actual damage includes but is not limited to: wages of the COR and Government inspector(s) for quality assurance after the performance period, costs of vehicles, meals and lodging that are incurred while administering the contract after the performance period.

B.4.3 Suspension Of Work For Other Than Government Convenience The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) Weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project roads which causes otherwise suitable soils to become muddy or unsuitable; or (2) Failure of the Contractor to comply with Specifications, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety standards. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by his/her operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government under FAR 52.242-15, Stop Work Order, and shall not qualify for equitable adjustment.

B.5 DELIVERABLES

Survey Strategy/File Search Report: One electronic copy of the report for each base item summarizing the literature review, assessment of aerial photographs and historic maps, and fieldwork archaeological sample survey strategies, including USGS quadrangle maps showing the project areas that will be surveyed and summarizing files search results will be submitted to the COR 30 calendar days after the effective date of the Notice to Proceed.

Field Work Deliverables: One electronic copy of the draft site forms will be submitted to the COR within 14 calendar days of completion of the fieldwork. The draft site forms will show:

• The number of sites and isolates documented,

• The field assessment of their eligibility, and

• Draft maps and shapefiles of site and isolate locations.

Draft Report: The base item draft reports and cultural resource forms are due 160 calendar days from the effective date of the Notice to Proceed. Upon receipt of the draft deliverables, the COR will have 21 calendar days to review and provide comments to the contractor for finalization of the deliverables.

Final Report: For each base item, the final reports, cultural resource forms and other deliverables to be submitted will include one hard copy of the final report, one hard copy of the site and isolate forms, two electronic copies of the final report in Adobe PDF format, two electronic copies of all site and isolate forms, all electronic image files, and shapefiles. The final reports and all project records for the base unit items are due 260 calendar days from the effective date of the Notice to Proceed. Final documents shall comply with Section 508 Accessibility Standards (www.section508.gov). Electronic copies will be submitted on USB flash drives. Final deliverables will be mailed to the COR.

These shall be submitted to the COR according to the schedule stated in Division 120 - Work Submittal.

The optional item final reports will be due within 180 calendar days of the NTP effective date post exercise.

http://www.section508.gov/

PSICC Class III Heritage Cultural Resources Inventory (CRI) Page 10 of 26

B.6 INSPECTION AND ACCEPTANCE

All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and testing at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract. See FAR Clause 52.212-4(a) contained herein.

Field research, artifact analysis (in-field only), the reports, and site and isolate forms are to meet professional archaeological standards set forth in the Colorado OAHP guidelines as determined through review by the Contracting Officer and/or the COR.

Reports must contain the information mentioned above and must be written in a style that is clear, concise, and most importantly, well organized and easy to use. Poor writing, poor organization, poor production, insufficient information, etc. are grounds for rejection of the report. Legal descriptions in the report must agree with those shown on maps and figures. All inventory locations, sites, and isolates mentioned in the report must be shown on the report maps and vice versa.

Appropriate knowledge of the prehistory and history of the Forest and region must be demonstrated by use of correct terminology, dating, and citation of classic standards as well as the most recent publications pertinent to the cultural resources of the Forest.

Additional standards and requirements may be established at the time the contract is awarded and will be discussed by the Contracting Officer and/or the COR and the contractor at the time the contract is issued.

B.7 SPECIAL CONTRACT REQUIREMENTS

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative, Crew Chief

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

B.7.1 Fire Prevention and Safety

B.7.1.1. Fire Prevention Fire prevention shall be exercised at all times by the Contractor and his/her employees. All combustible materials shall be used and stored in a safe manner. The contractor shall report to the CO/COR any fire hazards and, if possible, correct them. Fire prevention shall be exercised at all times by Contractor and his/her employees. All combustible material shall be used and stored in a safe manner. Contractor shall report to the COR any fire hazards, and if possible, correct them.

B.7.1.2. Contractor Safety Plan Requirements

The Contractor shall have a Safety Plan in place.

The Contractor shall provide a copy of their safety plan at the pre-work meeting. This copy of the Safety plan shall be kept in the contract folder for OSHA’s review.

The Safety Plan should be available to all employees and subcontractors working on the contract.

PSICC Class III Heritage Cultural Resources Inventory (CRI) Page 11 of 26

The Safety Plan should cover at a minimum:

a. Safety briefings covering the work area, equipment being used, and any special considerations for the work under the contract.

b. Personal Protective Equipment required for the work under the contract.

c. Identify appropriate OSHA requirements for the type of work under the contract.

d. Weather considerations for the time of year of the contract.

e. Communication issues and locations of the nearest medical facilities.

f. Name and point of contact information of supervisor responsible for enforcing Safety Plan.

g. Name, position title and point of contact information of company executive responsible for approving the

Safety Plan.

h. Specific contingency plans for emergencies such as medical, fire, hazard material spills and any other contract assessed hazard prevention and abatement requirement needs that apply to this project.

B.7.2 Wage Determination(S) The Service Contract Act Wage Determinations for this contract are SCA WD 2015-5435, Rev 15, Dated 07/28/2021, SCA WD 2015-5417, Rev 17, Dated 07/21/2021 and SCA WD 2015-5419, Rev 17, Dated 07/21/2021.

B.7.3 Data Rights Data Rights – General

1. The contractor will treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency has unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

2. The contractor will not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

3. The contractor will not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

4. The contractor will not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

5. The Government Agency owns the rights to all data/records produced as part of this contract.

6. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor will deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

7. The contractor agrees to comply with Federal and agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

B.8 CONTRACT ADMINISTRATION DATA

B.8.1 Forest Service Representatives The Contracting Officer (CO) for this contract is Klenise Wallace, reachable at klenise.wallace@usda.gov or desk phone 970-217-6804. The Contracting Officer has full warrant authority and will be the signatory as well as point of contact for all further communication for administrative matters during the solicitation and post contract award until otherwise stated.

The contract technical point of contact/Contracting Officer Representative (COR) is Lisa Corbin, reachable at lisa.corbin@usda.gov or desk phone at 719-221-9052. The COR delegated authority, responsibilities and contact information will be defined on a delegation letter issued after contract award.

B.8.2 Payments

PSICC Class III Heritage Cultural Resources Inventory (CRI) Page 12 of 26

Two percent (2%) of the contract will be paid upon acceptance of the survey strategy / files search reports.

Thirty percent (30%) of the contract will be paid when 50% of the fieldwork deliverables are received and accepted by the Government.

Thirty percent (30%) of the contract will be paid when 100% of the fieldwork deliverables are received and accepted by the Government.

Nineteen percent (19%) of the contract will be paid once the draft deliverables (draft Addendum Report, photographs, draft site and isolate forms, maps, and shapefiles) are submitted for review.

The final nineteen percent (19%) of the contract will be paid upon acceptance of the final deliverables (one hard copy of the final reports, one hard copy of the site and isolate forms, two electronic copies of the final reports in Adobe PDF format, two electronic copies of all site and isolate forms, all electronic image files, and shapefiles).

B.8.3 Invoices The following supplements the invoice terms contained within FAR 52.212-4(g) contained herein.

Payments will be made from the Contractor’s invoice(s). All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System. The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in previous communications from USDA and Treasury.

This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against and therefore an itemized invoice must be uploaded as an attachment(s). If the itemized invoice has not been reviewed and approved by the COR, the IPP payment request will be rejected. Please follow the minimum requirements to ensure a successful payment process.

IPP Invoice shall have the following areas completed at a minimum:

Invoice Number Invoice Date Bill Period Start Date Bill Period End Date Supplier Contact Name Supplier Contact Phone Contract Number

Itemized invoice shall include at a minimum:

Contractor Name & Address Contract number Invoice Number Description of Services or work completed.

Date of services or completion.

452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror(s) is required. It will be scheduled within 30 calendar days after the date of contract award. The conference venue will be shared with all offerors post the announcement of contract awardees.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

PSICC Class III Heritage Cultural Resources Inventory (CRI) Page 13 of 26

SECTION C – CONTRACT CLAUSES

FAR and AGAR Clauses: Description & Date:

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT

2020) 52.212-4* Contract Terms and Conditions-Commercial Items (OCT 2018) 52.212-5* Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan

2021) 52.217-6* Option for Increased Quantity.

52.217-7* Option for Increased Quantity-Separately Priced Line Item.

52.217-8* Option to Extend Services (Nov 1999) 52.217-9* Option to Extend the Term of the Contract (Mar 2000) 52.232-18 Availability of Funds 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION APR 2020) (31 USC

3903 and 10 USC 2307) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984) 52.245-9 Use and Charges (APR 2012) 52.252-2* Clauses Incorporated by Reference (FEB 1998) 52.252-6* Authorized Deviations in Clauses (NOV 2020) 52.253-1 Computer Generated Forms (JAN 1991) 452.211-74** Period of Performance (FEB 1988) 452.215-73** Post Award Conference (NOV 1996) 452.228-71* Insurance Coverage (NOV 1996) 452.237-74** Key Personnel (FEB 1988) *Full Text Available Below this Table ** Full Text Available in Another Section of this Contract

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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

PSICC Class III Heritage Cultural Resources Inventory (CRI) Page 14 of 26 to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, 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 5 CFR Part 1315.

(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 5 CFR Part 1315.

(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-https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.212-5#FAR_52_212_5

PSICC Class III Heritage Cultural Resources Inventory (CRI) Page 15 of 26

(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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/33.211#FAR_33_211 https://www.acquisition.gov/far/32.607-2#FAR_32_607_2 https://www.acquisition.gov/far/32.608-2#FAR_32_608_2 https://www.acquisition.gov/far/32.608-2#FAR_32_608_2

PSICC Class III Heritage Cultural Resources Inventory (CRI) Page 16 of 26 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.

Addenda to 52.212-4: Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION

2017-1 (AUG 2017):

(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; 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 Form 1449.

(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.

PSICC Class III Heritage Cultural Resources Inventory (CRI) Page 17 of 26

(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.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders –

Commercial Items (JUL 2021) (DEVIATION JUL 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C.

3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

☐ (5) [Reserved].

☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101note).

☐ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C.

2313).

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) [DEVIATION JUN 2020] (15 U.S.C.657a).

☐ (11)(ii) 52.219-3 Alternate I (Mar 2020) of 52.219-3.

PSICC Class III Heritage Cultural Resources Inventory (CRI) Page 18 of 26

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) [DEVIATION JUN 2020] (15 U.S.C. 657a).

☐ (ii) Alternate I (Mar 2020) of 52.219-4.

☐ (13) [Reserved] ☒ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☒ (ii) Alternate I (Mar 2020) of 52.219-6.

☐ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Jun 2020) of 52.219-9.

☐ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

☐ (ii) Alternate I (MAR 2020) of 52.219-13 ☐ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) [DEVIATION JUN 2020] (15 U.S.C.637(a)(14)).

[Contracting Officer check as appropriate.] ☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) [DEVIATION JUN 2020] (15 U.S.C. 657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) [DEVIATION JUN 2020] (15 U.S.C. 637(m)).

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) [DEVIATION JUN 2020] (15 U.S.C.

637(m)).

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) [DEVIATION JUN 2020](15 U.S.C. 637(a)(17)).

☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (DEVIATION JUL 2020) (E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☒ (ii) Alternate I (Feb 1999) of 52.222-26.

☐…