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OGDEN UT 84401-2310

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406-329-3769LINDSEY CHRISTIAN OBERQUELL

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1284LM21Q0027

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ITEM NO.

Delivery: 05/01/2021 Period of Performance: 05/01/2021 to 01/31/2022

0001 Project #1 - Tomichi AML Safety Closure Project, 1 EA Biologic & NEPA Support Work (21 Sites)

0002 Project #2 - Diamond Creek AML Safety Closure 1 EA Project, Biologic Support Work (6 Sites)

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143 2 of

SCHEDULE OF ITEMS

GMUG NF - Supervisor's Office - Abandoned Mine Lands Program

DISTRICT/FOREST/STATION/ACTIVITY

PROJECT TITLE: NEPA Support - Tomichi/Diamond Creek AML 33k

WORKPLAN ACQUISITION PLAN/REQUISITION NO: 570380

Period of Performance (Required for Services and A&E) May 2021 - 1/31/2022

Anticipated Delivery Date (Required for Supply and Construction) N/A

SCHEDULE OF ITEMS

ITEM

NUMBER

DESCRIPTION PAY UNIT EST

QTY

AMOUNT

1 Project 1, Task A - Conduct Access Route & Mine Site Research (May-June 2021)

Lump Sum All

2 Project 1, Task B - Complete Wildlife & Plant Field Pedestrian Surveys (July-Sept 2021)

Lump Sum All

3 Project 1, Task C - Provide Bat Resource Protection Recommendations (Oct-Nov 2021)

Lump Sum All

4 Project 1, Task D - Prepare Final BA/BE Report (Nov-Dec 2021) Lump Sum All

5 Project 1, Task E - Prepare Final MIS Report (Nov-Dec 2021) Lump Sum All

6 Project 1, Task F - Complete Wilderness/Roadless Area Scoping Review (Jan 2022)

Lump Sum All

7 Project 1, Task G - Prepare Draft NEPA Documents (Jan 2022) Lump Sum All

8 Project 2, Task A - Conduct Access Route & Mine Site Research (May-June 2021)

Lump Sum All

9 Project 2, Task B - Complete Wildlife & Plant Field Pedestrian Surveys (July-Sept 2021)

Lump Sum All

10 Project 2, Task C - Provide Bat Resource Protection Recommendations (Oct-Nov 2021)

Lump Sum All

11 Project 2, Task D - Prepare Final BA/BE Report (Nov-Dec 2021) Lump Sum All

12 Project 2, Task E - Prepare Final MIS Report (Nov-Dec 2021) Lump Sum All

TOTAL PRICE

EA - EACH

MO - MONTH

Award anticipated to be a firm fixed price contract.

Project Project Title: NEPA Support – Tomichi/Diamond Crk AML 33k

General Information

1.0 Scope of Work

The Forest Service (FS) is requesting services for National Environmental Policy Act (NEPA)/Biologic support work on 27 historic, inactive mine openings located on Abandoned Mine Lands (AML) in the Tomichi and Diamond Creek project areas on NFS lands in the Grand Mesa, Uncompahgre, and Gunnison National Forests (GMUG NF).

2.0 Background

The GMUG NF is planning the physical closure of 27 historic, abandoned mine openings on National Forest System (NFS) lands in the Tomichi (21 sites) and Diamond Creek (6 sites) project areas. This contract is needed to provide the necessary biological surveys, reports, recommendations, and NEPA support work needed for the GMUG NF to perform these outyear construction closure actions which are needed to ensure public health, safety, and general welfare.

The NEPA/biologic support work includes performing biological field surveys at the 27 sites and compiling draft and final Biological Assessment/Biological Evaluation (BA/BE) and Management Indicator Species (MIS) reports, providing recommendations on closure methods and practices needed to protect Threatened, Endangered, and Sensitive plant and animal species (including bats and Canada lynx); and assessing impacts on GMUG NF Management Indicator Species population trends and habitat availability. One of the project areas (Tomichi) will also require the completion of scoping reviews for Wilderness and Roadless Areas, and coordinating with the FS AML COR and GMUG NF Resource Specialists to provide draft NEPA documents, including a Scoping Notice, Environmental Assessment or Categorical Exclusion, and Decision Record/Decision Memo.

The GMUG NF and the Colorado Division of Reclamation, Mining and Safety (DRMS) have had a long standing, cost-sharing partnership to complete mine closure actions on NFS lands. Our project agreements specify that the FS is responsible for providing biological field surveys, BA/BE and MIS reports, and complying with all requisite NEPA analyses and reviews for the mine features on NFS lands. This contract is needed to accomplish these work tasks for the partnership, utilizing earmarked FS AML Program funds that have been explicitly allocated to support ongoing and outyear AML projects on the GMUG NF. Similar contracts for such NEPA/Biologic support work on abandoned mine features for various AML Projects on the GMUG NF have been set up since 2009 with West Slope Environmental LLC (Andrea Wang).

Contractor Requirements

3.0 Technical Requirements / Tasks

The Contractor shall provide all labor, equipment, materials and supplies necessary to perform the required biologic pedestrian surveys in the field and to complete the biological reports and NEPA documents for the Tomichi and Diamond Creek physical safety mine closure projects. The Contractor is professionally responsible for the services performed under this contract.

We request that your company prepare a proposal that includes a work plan and cost proposal for the two projects and work tasks identified below.

PROJECT #

PROJECT TITLE

WORK TASK

Project #1 Tomichi AML Safety Closure

Project – Biologic and NEPA Support Work

Review existing site information for the 21 Tomichi area mine sites, conduct site visits and pedestrian surveys per the Endangered Species Act of 1972, assess the need for bat-friendly/bat-compatible closure methods and practices, and prepare a draft BA/BE and MIS report, prepare a final BA/BE-MIS report in coordination with GMUG NF Resource Specialists. Perform a preliminary Wilderness/Roadless Area review and prepare draft NEPA documents (Scoping Notice, Environmental Assessment or Categorical Exclusion, and Decision Record/Decision Memo).

Project #2 Diamond Creek AML Safety Closure Project – Biologic Support Work

Review existing site information for the 6 Diamond Creek area mine sites, conduct site visits and pedestrian surveys per the Endangered Species Act of 1972, assess the need for bat-friendly/bat-compatible closure methods and practices, prepare a draft BA/BE and MIS report, prepare a final BA/BE-MIS report in coordination with GMUG NF Resource Specialists.

PROJECT #1

Tomichi AML Safety Closure Project – Biologic and NEPA Support Work

SITE LOCATION AND ACCESS

The Tomichi AML Safety Closure Project is located on the Gunnison Ranger District in the Gunnison National Forest and on the Salida Ranger District in the San Isabel National Forest. There are 21 individual historic/ inactive mine openings that are targeted for future closure (designated Sites T-1, T-2, T-3, T-4, T-5, T-6, T-7, T-9, T-12, T-13, T-14, T-15, T-16, T- 17, T-18, T-19, T-20, T-21, T-22, T-23, and T-24). The general project area is located about 26 miles east of Gunnison, Colorado, (just south, southeast, and east of Pitkin, Colorado) at elevations ranging between 9,253 and 12,194 feet (see Location Map and Mine Site Field Form attachment for site-specific information). The mine features are within the Box Canyon and Tomichi Mining Districts of southeastern Gunnison County. In the eastern part of the project area there are 16 sites that are within the upper portions of the Tomichi Creek drainage. There are 5 additional sites near Waunita Hot Springs in the western part of the project area. Hardrock mining activity mining began in these two districts in the 1870’s with the discovery of ores containing gold, silver, lead, copper and zinc. The 21 Tomichi project area mine features are all located on FS-administered lands.

Easiest access to the area with the five western sites in the Tomichi project area is by traveling east about 18.5 miles on US Highway 50 from Gunnison, Colorado. Then turning left (north) onto Forest Service Road 887 for about 8.5 miles and just past Waunita Hot Springs turn left (north) to Forest Service Road 763 (Waunita Pass Road). Four of the five sites (T- 2 through T-5) can be accessed by travelling north on Forest Service Road 763 (Waunita Pass Road) for about 2.5 miles and turn left (west) onto a Forest Service Road 763.1H. The fifth site (T-1) can be accessed from Forest Service Road

887/763 intersection by continuing straight (east) on County Road 887 from Waunita Hot Springs for about another mile and then taking the left fork onto Forest Service Road 769, and travelling about a mile to the northeast. The 16 eastern sites in the Tomichi project area can be accessed by traveling east about 33 miles on US Highway 50 from Gunnison, Colorado and then turning left (north) onto County Road 888 for about 9.5 mile to Whitepine, Colorado. There are three sites within a mile of Whitepine (T-6, T-7 and T-9). Nine additonal sites can be approached by continuing north on County Road 888 from Whitepine. The remaining four sites (T-21, T-22, T-23, and T-24) can be accessed from Pitkin, Colorado, by travelling north on Forest Road 765 (Cumberland Pass Road) for 3 miles and then turning right (east) onto Forest Service Road 839 (Alpine Tunnel Road) for 8 miles, and then veering right onto Forest Roads 888 (Tomichi Pass Road) and 266 (Hancock Pass Road) toward the Hancock Pass area.

WORK TASKS

• Task A – Conduct Access Route and Mine Site Research (May-June 2021): Conduct hardcopy and electronic reference literature, reports, records, map, and data searches (including GIS data from local/state/federal databases) for information on the Tomichi project area, access roads and trails, and the 21 mine site locations. Prior to field mobilization, the contractor will need to verify each of the site locations and access travel routes and their conditions to plan methods of travel and develop a schedule of field work for the area. Such pre-planning may require coordination with the FS COR and DRMS Project Manager. Work Task A also forms the basis of applying the protection of State and Federal designated species of plants and animals for the Tomichi project area reports and recommendations.

• Task B – Complete Wildlife & Plant Field Pedestrian Surveys (July-Sept. 2021): Apply the protection of State and Federal designated species of plants and animals by conducting pedestrian surveys at the access trails and potential work areas for the 21 Tomichi mine site locations with respect to the Endangered Species Act of 1972, as amended;

Forest Service Policy (FSM 2670.3); Fish and Wildlife Coordination Act of 1985; and Colorado Nongame, Endangered, or Threatened Species Conservation Act. Data measured and collected at each survey should include to obtaining GPS location coordinates at the mine sites, the Project and Site Feature Names, written recordation of field observations and survey results, and photo -documentation of the mine openings, work areas, and species of concern (including invasive or noxious weed species; bat resources and habitat).

• Task C – Provide Bat Resource Protection Recommendations (Oct. – Nov. 2021): Review any existing Bat Gate Evaluation Reports delivered by the GMUG NF or DRMS and provide independent site recommendations on construction practices and closure method types and design specifications in the BA/BE report on the need for future bat-friendly and/or bat-compatible closure methods and other protective measures at the 21 Tomichi mine sites. The recommendations shall be based on previous reports, reference literature, field observations, map and GIS data, etc. Recommendations on the need for bat-friendly/bat-compatible future closure methods and/or other protective practices and measures at the mine site locations will be included in the BA/BE report.

• Task D – Prepare Final BA/BE Report (Nov.-Dec. 2021): Prepare and submit a draft Biological Assessment and Biological Evaluation (BA/BE) report to the GMUG NF and coordinate with FS Resource Specialists to incorporate their comments and feedback, and produce a Final BA/BE report for the Tomichi project with respect to the Endangered Species Act of 1972, as amended; Forest Service Policy (FSM 2670.3); Fish and Wildlife Coordination Act of 1985; and Colorado Nongame, Endangered, or Threatened Species Conservation Act. Apply the protection of State and Federal designated and Regional Forester-designated sensitive species of plants and animals. Electronic (MSWord and Adobe Acrobat PDF files) and 3 printed copies of the Final BA/BE Reports will be provided to the GMUG NF within 30 days of receiving comments back from the FS COR.

• Task E – Prepare Final MIS Report (Nov.-Dec 2021): Distribute a draft Management Indicator Species (MIS) report to the GMUG NF and coordinate with FS Resource Specialists to incorporate their comments and feedback, and produce a Final MIS report for the Tomichi project as required (1982 Planning Rule 36 CFR 219.19 (a)(6)). Electronic

(MSWord and Adobe Acrobat PDF files) and 3 printed copies of the Final MIS Reports will be provided to the GMUG NF within 30 days of receiving comments back from the FS COR.

• Task F – Complete Wilderness/Roadless Area Scoping Review (Jan. 2022): Perform a preliminary review of designated Wilderness Areas and Roadless Areas that are within and/or proximal to the Tomichi project area and may be impacted by the proposed mine closure activities. This review will assist FS NEPA Specialists in determining the need for follow-up consultation and/or additional environmental analysis that the GMUG NF may need to be perform in the future. Communicate the results of the Wilderness/Roadless area review in writing via email to the FS COR no later than 30 days after submittal of the Final BA/BE and MIS reports.

• Task G – Prepare Draft NEPA Documents (Jan. 2022): Coordinate with FS Resource Specialists to provide draft NEPA documents for the project, including a Scoping Notice, Environmental Assessment or Categorical Exclusion (whichever is needed based on the biological evaluations performed by the Contractor), and a Decision Record/Decision Memo for the Tomichi Project. These documents shall be transmitted via email in as electronic files (MSWord and Adobe Acrobat PDF files) transmitted to the FS COR no later than 30 days after submittal of the Final BA/BE and MIS reports.

The Contractor shall verbally notify the FS COR upon initiation of each Work Task outlined in the contract. By the last day of each month the Contractor shall provide written progress reports on work performed on the contract during that month throughout the duration of the contract period. The Contractor shall provide three (3) unbound copies of the Final BA/BE and MIS reports and the draft NEPA documents required under this task to the GMUG NF. In addition, electronic versions in a format compatible with Microsoft Word and stored on a USB Thumb Drive will also be required for submittal to the FS.

PROJECT #2

Diamond Creek AML Safety Closure Project – Biologic Support Work

SITE LOCATION AND ACCESS

The Diamond Creek AML Safety Closure Project is located on the Ouray Ranger District in the Grand Mesa, Uncompahgre and Gunnison National Forests (GMUG NF). There are 6 individual historic/ inactive mine openings that are targeted for future closure (designated Sites #25, #26, #27, #28, #35 and #37). The features are located about 5 miles southeast of Ouray, Colorado, along Forest Service Road 878 (a.k.a. County Road 18, part of the Alpine Loop), at elevations ranging between about 10,150 and 12,200 feet (see Location Map and Mine Site Field Form attachment for site-specific information). The mine features are within the Mineral Point Mining District of the western San Juan Mountains where hardrock mining began in 1875 with the discovery of gold ore. Silver, copper, zinc, and lead were also produced in this mining district. The six Diamond Creek area mine features are all located on FS-administered lands.

The Diamond Creek project area can be accessed from Ouray via motorized vehicle by travelling on US Highway 550 about 2 miles south from Ouray, then turning left onto County Road 18 (Engineer Pass Road). County Road 18 is a rugged, rocky, and difficult backcountry route requiring the use of high clearance 4x4 vehicles or UTVs. The sites are located 2-4 miles down CR 18 along both the north and south sides of the road. Accessibility to the individual sites will be via 4x4 motorized vehicle or on foot via the network of existing, primitive two-track mining roads and trails in the area or by cross-country hiking (see “Field Description” on Mine Site Field Forms attachment for individual site access descriptions).

WORK TASKS

• Task A – Conduct Access Route and Mine Site Research (May-June 2021): Conduct hardcopy and electronic reference literature, reports, records, map, and data searches (including GIS data from local/state/federal databases) for information on the Diamond Creek project area, access roads and trails, and the 6 mine site locations.

Prior to field mobilization, the contractor will need to verify each of the site locations and access travel routes and their conditions to plan methods of travel and develop a schedule of field work for the project. Such pre-planning may require coordination with the FS COR and DRMS Project Manager. Work Task A also forms the basis of applying the protection of State and Federal designated species of plants and animals for the Tomichi project area reports and recommendations.

• Task B – Complete Wildlife & Plant Field Pedestrian Surveys (July-Sept. 2021): Apply the protection of State and Federal designated species of plants and animals by conducting pedestrian surveys at the access trails and potential work areas for the 6 Diamond Creek mine site locations with respect to the Endangered Species Act of 1972, as amended; Forest Service Policy (FSM 2670.3); Fish and Wildlife Coordination Act of 1985; and Colorado Nongame, Endangered, or Threatened Species Conservation Act. Data measured and collected at each survey should include obtaining GPS location coordinates at the mine sites, the Project and Site Feature Names, written recordation of field observations and survey results, and photo -documentation of the mine openings, work areas, and species of concern (including invasive or noxious weed species; bat resources and habitat).

• Task C – Provide Bat Resource Protection Recommendations (Oct. – Nov. 2021): Review any existing Bat Gate Evaluation Reports delivered by the GMUG NF or DRMS and provide independent site recommendations on construction practices and closure method types and design specifications in the BA/BE report on the need for future bat-friendly and/or bat-compatible closure methods and other protective measures at the 6 Diamond Creek mine sites. The recommendations shall be based on previous reports, reference literature, field observations, map and GIS data, etc. Recommendations on the need for bat-friendly/bat-compatible future closure methods and/or other protective practices and measures at the mine site locations will be included in the BA/BE report.

• Task D – Prepare Final BA/BE Report (Nov.-Dec. 2021): Prepare and submit a draft Biological Assessment and Biological Evaluation (BA/BE) report to the GMUG NF and coordinate with FS Resource Specialists to incorporate their comments and feedback, and produce a Final BA/BE report for the Diamond Creek project with respect to the Endangered Species Act of 1972, as amended; Forest Service Policy (FSM 2670.3); Fish and Wildlife Coordination Act of 1985; and Colorado Nongame, Endangered, or Threatened Species Conservation Act. Apply the protection of State and Federal designated and Regional Forester-designated sensitive species of plants and animals. Electronic (MSWord and Adobe Acrobat PDF files) and 3 printed copies of the Final BA/BE Reports will be provided to the GMUG NF within 30 days of receiving comments back from the FS COR.

• Task E – Prepare Final MIS Report (Nov.-Dec 2021): Distribute a draft Management Indicator Species (MIS) report to the GMUG NF and coordinate with FS Resource Specialists to incorporate their comments and feedback, and produce a Final MIS report for the Diamond Creek project as required (1982 Planning Rule 36 CFR 219.19 (a)(6)).

Electronic (MSWord and Adobe Acrobat PDF files) and 3 printed copies of the Final MIS Reports will be provided to the GMUG NF within 30 days of receiving comments back from the FS COR.

The Contractor shall verbally notify the FS COR upon initiation of each Work Task outlined in the contract. By the last day of each month the Contractor shall provide written progress reports on work performed on the contract during that month throughout the duration of the contract period. The Contractor shall provide three (3) unbound copies of the Final BA/BE and MIS reports required under this task to the GMUG NF. In addition, electronic versions in a format compatible with Microsoft Word and stored on a USB Thumb Drive will also be required for submittal to the FS.

4.0 Government Furnished

The GMUG NF shall provide information on site locations and access, proposed safety closure methods, and any necessary FS or DRMS GIS data and technical reports needed to accomplish the work tasks. All draft BABE-MIS report documents shall be reviewed by GMUG NF specialists, and comments/edits will be communicated back to the contractor for consideration and incorporation prior to transmittal of the final reports. No government-furnished property or facilities will be provided to support the contract.

5.0 Deliverables / Schedule

By the last day of each month after contract award, the Contractor shall provide written progress reports on work performed on the contract during that month throughout the duration of the contract period. The progress report shall cover all work completed during the specified period and shall present the work to be accomplished during the subsequent period. This report shall also identify any problems that arose and a statement explaining how the problem was resolved. This report shall also identify any problems that have arisen but have not been completely resolved and provide an explanation.

Contractor shall provide electronic files of the draft BABE and MIS reports for Project #1 (Tomichi) and Project #2 (Diamond Creek) via email by November 15, 2021 to the FS COR. The documents shall be reviewed by GMUG NF Resource Specialists and NEPA Planners and comments will be provided back to the Contractor from the FS COR no later than December 1, 2021. The Contractor shall finalize the BABE and MIS reports and transmit them to the FS COR by December 31, 2021. The following month, electronic files of the draft Scoping Notice, Environmental Assessment or Categorical Exclusion, and Decision Record/Decision Memo for Project #1 (Tomichi) shall be transmitted via email to the FS COR by January 31, 2022. No comment period or final version of the NEPA documents will be performed as part of this contract.

Timely submission of deliverables is essential to successful completion of the contract. The Schedule for deliverables is specified in the table below. All draft and final documents shall be prepared and submitted in both MSWord and Adobe Acrobat PDF electronic file formats. The three (3) unbound hard copies of the Final BA/BE and MIS reports for Project #1 (Tomichi) and Project #2 (Diamond Creek) shall be submitted on recycled content paper and printed double-sided. All deliverables shall be prepared and submitted according to format, content, and schedule described in the SOW.

The Contractor shall be responsive to Government-furnished criteria, information, guidance, and review comments.

All services shall be in full compliance with Federal, State, and local requirements.

Biologic/NEPA Support Work – Tomichi and Diamond Creek AML Projects

Key Deliverables & Schedule

Item No.

Deliverable / Item Title

Description Frequency Reference Delivery Format

Due By

1 PROJECT #1 -

Monthly Progress Reports

Monthly report documenting tasks and issues identified during the month

Once per Month

Ref. SOW: Pg 6, Section 3.0, Technical Requirements/Tasks & Pg 8, Section 5.0 Deliverables/Schedule

Via email to

COR

The last day of each month after contract award.

2 PROJECT #1 - Draft BA/BE Report

Transmit draft BA/BE report to FS COR for GMUG NF Resource Specialists review and comments

Once per Contract Period

Ref. SOW: Pg 5, Section 3.0, Technical Requirements/Tasks

Via email to

COR

Nov. 15, 2021

3 PROJECT #1 - Draft MIS Report

Transmit draft MIS report to FS COR for GMUG NF Resource Specialists review and comments

Once per Contract Period

Ref. SOW: Pg 5-6, Section 3.0, Technical Requirements/Tasks

Via email to

COR

Nov. 15, 2021

4 PROJECT #1 - Final BA/BE Report

Transmit Final BA/BE report to FS COR.

Once per Contract Period

Ref. SOW: Pg 5, Section 3.0, Technical Requirements/Tasks

Via email to

COR;

hardcopies & thumb drive via postal mail to COR

Dec. 31, 2021

5 PROJECT #1 - Final MIS Report

Transmit Final MIS report to FS COR.

Once per Contract Period

Ref. SOW: Pg 5-6, Section 3.0, Technical Requirements/Tasks

Via email to

COR;

hardcopies & thumb drive via postal mail to COR

Dec. 31, 2021

6 PROJECT #1 –

Wilderness/Roadless Area Review and Draft NEPA Documents

Transmit Wilderness/Roadless Area Review and draft NEPA documents to

FS COR.

Once per Contract Period

Ref. SOW: Pg 6, Section 3.0, Technical Requirements/Tasks

Via email to

COR

Jan. 31, 2021

7 PROJECT #2 -

Monthly Progress Reports

Monthly report documenting tasks and issues identified during the month

Once per Contract Period

Ref. SOW: Pg 7, Section 3.0, Technical Requirements/Tasks & Pg 8, Section 5.0 Deliverables/Schedule

Via email to

COR

The last day of each month after contract award.

8 PROJECT #2 - Draft BA/BE Report

Transmit draft BA/BE report to FS COR for GMUG NF Resource Specialists review and comments Specialist review and comments

Once per Contract Period

Ref. SOW: Pg 7, Section 3.0, Technical Requirements/Task

Via email to

COR

Nov. 15, 2021

9 PROJECT #2 - Draft MIS Report

Transmit draft MIS report to FS COR for GMUG NF Resource Specialists review and comments

Once per Contract Period

Ref. SOW: Pg 7, Section 3.0, Technical Requirements/Task

Via email to

COR

Nov. 15, 2021

10 PROJECT #2 - Final BA/BE Report

Transmit Final BA/BE report to FS COR.

Once per Contract Period

Ref. SOW: Pg 7, COR;

hardcopies & thumb drive via postal mail to COR

Dec. 31, 2021

11 PROJECT #2 - Final MIS Report

Transmit Final MIS report to FS COR.

Once per Contract Period

Ref. SOW: Pg 7, COR;

hardcopies & thumb drive via postal mail to COR

Dec. 31, 2021

6.0 Travel

Contractor field personnel will need to travel by motorized 4x4, high clearance vehicles and/or OHVs to nearby trailheads or staging areas and then travel into the backcountry on foot to perform high elevation pedestrian surveys at each of the 27 mine site locations. It will take 2 or more major trips to the Tomichi and Diamond Creek areas to complete the required field work. The attached Tomichi and Diamond Creek Project Location Maps and Mine Site Field Forms identify the specific mine feature locations for this proposal. The site visits shall be completed in Summer 2021.

The contractor shall incorporate all travel and travel-related expenses as a lump sum cost into the “Task B” line items for Project #1 (Tomichi area) and Project #2 (Diamond Creek area). The contractor shall notify the GMUG NF AML Program Manager at least a week prior to the start of any field work with the anticipated schedule and locations of site visits, and immediately check back in with the Program Manager upon return from each trip.

7.0 Contractor’s Key Personnel

This contract requires the support of one or more highly experienced field biologists or ecologist with at least a B.S. in Biology and education/experience in wildlife management. The biologists and/or ecologists shall possess extensive field expertise in surveying and evaluating plant and wildlife species in high altitude ecosystems of the Colorado Rocky Mountains. Key field personnel shall be in excellent physical health and condition to allow them to hike safely and efficiently for long distances on remote historic roads, trails, and cross-country routes in high altitude environments to the backcountry mine site locations. Key field personnel must have a high degree of map reading and navigational skills in mountainous terrains, and previous experience locating and recognizing historic, inactive hardrock mine openings and other mine-related features in the field. The key personnel must also have a general understanding of AML physical safety closure method types, installation practices and techniques, and wildlife protection design features and specifications.

The Contractor will need to have key personnel with recent, previous experience working on similar biologic and NEPA support contracts to provide BA/BE and MIS reports and NEPA documents (i.e. Scoping Notices, Environmental Assessments, Categorical Exclusions, Decision Records, and Decision Memos) on FS AML projects in the Rocky Mountains. Specialized expertise in assessing potential impacts and developing mitigations to address impacts on endangered, threatened, and sensitive plant and animal species is required. GIS skills and expertise working with resource data in ArcMap will also be needed to meet the requirements of this contract.

8.0 Security Requirements

No specific security requirements are associated with this proposal.

9.0 Data Rights

The data, reports, and draft documents generated under this contract will be integrated into the public NEPA administrative record maintained by the USFS for the Tomichi and Diamond Creek AML physical safety closure projects.

The reservation of any data rights is not applicable since all of the information will be publicly available.

10.0 Section 508 – Electronic and Information Technology Standards All final electronic reports produced under this contract are required to be compliant with Section 508 of the Rehabilitation Act.

Attachment

See attachment with Project Location Maps and Mine Site Field Forms for the Tomichi and Diamond Creek AML project areas.

1284LM21Q0027

Grand Mesa Uncompahgre Gunnison NF

Biobased Product Utilization

The Contractor must comply with the Agricultural Act of 2014; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February 2012, to provide biobased products.

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer’s Representative (COR).

The following is an example list of products that may be used in this contract for which biobased products are available. The list is not all inclusive. It is desirable that Contractors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Biobased products that are designated for preferred procurement under USDA’s Biopreferred Program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content and source of biobased material.

In addition to the biobased products designated by the U.S. Department of Agriculture in the Biopreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of this contract (see FAR Clause 52.212-2 – Evaluation – Commercial Items, page * or Experience Questionnaire, pages **).

Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes (see Contract Clauses, FAR Clause 52.223-2).

Within thirty (30) days of contract award, the Contractor shall submit an Operation Plan. This submittal will be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing. The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

http://www.biopreferred.gov/

• The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

• Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

• Proposed biobased construction products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

• The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment; and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data shall be submitted to the COR quarterly.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product.

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (Deviation 2017-1) (OCT 2018)

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

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727).

However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at 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.

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(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 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 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—

(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.

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(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 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2033_2.html#wp1079912 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031290 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031326

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

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

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