12FPC119Q0046_0001_Amendment_1_-_PA.pdf

(x)

12FPC119Q0046

x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

NRCS-GA-120001

Griffin GA 30223 P.O. Box 15 201 W. Solomon Street, Suite G-16 USDA-NRCS Georgia Area 4 Office

WASHINGTON DC 20250

FPAC-HQ-12FPC1

RM 6801-S

1400 INDEPENDENCE AVE SW

Operations Branch-Section 1 FPAC Acquisition Division

08/27/20190001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

08/27/2019

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to amend the solicitation to incorporate the following:

1. Update Statement of Work (SOW) - please see changes on Amendment 1 item #1 (Revised SOW is attached)

2. Add site visit. (Please see changes on Amendment 1 item #2) All prospective vendors are highly encouraged to attend the site visit. All interested vendors are asked to RSVP to Tamara Sawyer at tamara.sawyer@usda.gov by 3:00 PM EST, 9/10/19. *Please complete USFWS form and return prior to attending site visit to dan.ludwig@pa.usda.gov.*

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

1X

09/05/2019

Tamara Sawyer

12FPC119Q0046_0001

NRCS PA – Wetland Enhancement Services The purpose of this modification is to add the following in the above referenced solicitation:

1. Modify Statement of Work (SOW) to incorporate the following language

a. Under Moro site, under Field 3, the last sentence “bark/landscape” was added in front of “mulch.”

b. For the Williams site after Lillian Williams Heading

“(Treatment Period: Spring 2020-Summer 2021)” was added.

c. At the heading of Reed Canary grass, “(2-year treatment)” was added.

2. Include site visit for project. The timeline and schedule are noted below. All prospective vendors are highly encouraged to attend the site visit to better assess the site conditions in submitting your proposals. All interested vendors are asked to RSVP for the site visit to Tamara Sawyer at tamara.sawyer@usda.gov by 3:00 PM EST, September 10, 2019.

a. Please complete the attached United States Fish and Wildlife Service (USFWS) confidentiality form and return to dan.ludwig@usda.gov prior to the site visit.

DATE: September 11, 2019

RE: Site Visit for Solicitation 12FPC119Q0046

LOCATION: This requirement consists of 3 locations and the tentative timeline is as follows:

1. 8:00 AM Meet at 2111 Mountain Rd, Newville, PA.

2. 11:30 AM Meet at 158 McFadden Rd, Chadds Ford, PA.

3. 3:00 PM Meet at 1560 Potomac St., Mt. Bethel, PA.

*** The new solicitation response date is extended until 3:00 PM EST September 18, 2019*** All proposals should be submitted via email to Tamara Sawyer, tamara.sawyer@usda.gov for consideration. Please include solicitation number in subject line.

mailto:tamara.sawyer@usda.gov

STATEMENT OF WORK

FOR

WETLAND ENHANCEMENT SERVICES

NATURAL RESOURCES CONSERVATION SERVICE (NRCS)

I. OBJECTIVE

The objective of this contract/purchase order is to obtain services in the State of Pennsylvania (PA) for Wetland Easement Vegetation Enhancement Services for properties located in Chester, Cumberland, and Northampton Counties. Description of services for each site is listed below.

II. BACKGROUND

The United States Department of Agriculture (USDA) NRCS has authority to administer voluntary conservation easement programs. Depending on the program, NRCS is authorized to acquire easement rights from participating landowners to achieve program purposes such as restoring and protecting wetlands, grasslands, and forest land resources and restoring and enhancing floodplains. NRCS is the lead agency within the United States Department of Agriculture charged with administering these programs.

III. SCOPE

The Contractor shall follow the Statement of Work and applicable regulations to provide Wetland Enhancement Services for the associated properties. The services entail the following:

1. Brush Management (314)

2. Herbaceous Weed Treatment (315)

3. Conservation Cover (327)

4. Tree and Shrub Establishment (612)

IV. STANDARDS AND RESPONSIBILITIES

The Contractor shall follow the Statement of Work, applicable regulations, and conservation practice standards to provide Wetland Enhancement Services for the associated property. The contractor will notify the landowner prior to each site visit for restoration. The landowner will remove cattle from the site to keep them safe from herbicide application.

The individual Conservation Practice Standards and Specifications can be found at https:// efotg.sc.egov.usda.gov/toc.aspx?CatID=12487. The Contractor will be provided with a copy of the Conservation Practice Standards and Specifications upon acceptance of bid. Other specifications specific to this contracted work are listed in Section V., Description of Services of this Statement of

Work.

Please see Attachments 1, 2, and 3. WRPO Practice Detail Maps, for the field location and number of acres scheduled for treatment. The Contractor is responsible for implementing all Wetland Enhancement Services in compliance with Conservation Practice Standards.

The Contractor is responsible for having current knowledge of requirements of Pennsylvania state law associated with the services being solicited.

The Contractor will attend the pre-implementation meeting with the NRCS representative(s). The discussions and decisions shall be documented by the NRCS and the Contractor.

The Contractor will effectively communicate to NRCS the status of the Wetland Enhancement Services, beginning with the start of the first practice and through to completion. The contractor will must notify NRCS field office at least 24 hours before proceeding with the first treatment.

Scheduling conflicts will be communicated ahead of time. Any changes or modifications to the planned treatment acres will be communicated to and approved by NRCS.

The Contractor will be a licensed herbicide applicator. All herbicide applications must be done according to the instructions on the herbicide label.

The Contractor will carry out activities during appropriate weather conditions so that herbicide treatment is effective.

Within 14 days of practice completion, the Contractor will submit the following Records of Application documentation to NRCS:

1. Extent of practice application (i.e. number of acres) and corresponding map

2. List of materials and methods used for practice implementation (see more specific deliverables for each practice below) and estimated hours of labor

Specific documentation for deliverables is listed below:

Brush Management/Herbaceous Weed Treatment

• Plant species controlled and percent kill of target species

• Dates of treatment

• Chemicals applied (also carriers/surfactants, if used)

• Rate of application

• Method of application, including general equipment used

Conservation Cover

• Plant species planted- seeding rate per acre or number of plugs per species

• Dates of planting with planting method

• Location of plantings

• Chemicals applied (also carriers/surfactants, if used)

• Rate of application

• Method of application, including general equipment used

Tree and Shrub Establishment

• Plant species planted- number of shrub species per cluster and total planted

• Dates of planting with planting method

• Location of plantings

• Chemicals applied (also carriers/surfactants, if used)

• Rate of application

• Method of application, including general equipment used

V. DESCRIPTION OF SERVICES

1. Timothy Maret Site ADDRESS: 2111 Mountain Road, Newville, PA 17241

612- Tree and Shrub Establishment- Fields 4, 5, and 9

Establish native shrubs in the wetland pool areas, as indicated on the WRPO map, to provide wildlife habitat;

improve and restore natural diversity; and enhance aesthetics of the restored wetland.

Establish shrubs by utilizing 2-gallon containerized stock. Shrubs will be planted in clusters on a 12 ft by 12 ft grid configuration. Areas prone to inundation and prolonged saturation will be planted to species listed in Group 1 on the attached page. Area prone to short-term saturation will be planted to species listed in Group 2 on the attached page. The trees and shrubs will be established in association with Conservation Cover. For more detailed regarding species selection, site preparation requirements, and maintenance requirements, refer to the information provided as part of the attached planting guide and the implementation requirements for Tree and Shrub Establishment

327- Conservation Cover- Fields 4 and 5 Establish permanent grass and sedge cover where indicated on the WRPO map using certified seed for the species and amount per acre as listed on the attached planting guide. Species to establish include Fox sedge, Virginia wildrye, broom sedge, soft rush, hop sedge, green bulrush, and star sedge. Utilize the seed mix at a rate of 15 pounds per acre. Certified seed must be used when establishing the practice. Establish the conservation cover using the following methods: light disking of the pool area to remove tire ruts and drill seed into the prepared seed bed.

315- Herbaceous Weed Treatment- Fields 4 and 5 Remove or control herbaceous weeds, including invasive, noxious or undesirable plants in the shrub planting areas as well as the pool area of the restored wetland as indicated on the WRPO map. Herbicide needs to be applied at least 2-3 weeks prior to planting of both shrubs and conservation cover.

314- Brush Management- Field 6 Implement Brush Management by managing or removing woody plants (non-herbaceous) including those that are invasive and noxious. The species targeted for control are identified on the attached Brush Management Job Sheet. Brush Management is planned to improve or restore quality plant diversity; and maintain, modify, or enhance wildlife habitat.

Management will be accomplished through the use of chemical control, and/or hand treatment. Refer to the Brush Management Job Sheet provided with the WRPO for site-specific treatments planned. Refer to the WRPO map for the areas on which Brush Management is to be implemented.

2. Vincent Moro Site ADDRESS: 158 McFadden Rd, Chadds Ford, PA 19317

Field 1 - 327- Conservation Cover- 1 acre- Field 1

Establish perennial wildflowers where indicated on the WRPO map using certified seed for the species and amount per acre as listed on the attached planting guide. Species to establish include goldenrods, New England aster, Wild lupine, and Purple coneflower. Wildflowers are to be established in patches 10 ft by 10-15 feet scattered across the open field. Utilize the seed mix at a rate of 2.5 - 3 pounds per acre. Certified seed must be used when establishing the practice. Establish the conservation cover using the following methods: light tilling of the field utilizing a rototiller or plow with disking and drill or broadcast seed into the prepared seed bed. No herbicides are to be used for site preparation.

Field 2 - 327 Conservation Cover- 0.25 acre- Field 2

Establish perennial wildflowers where indicated on the WRPO map using certified seed for the species and amount per acre as listed on the attached planting guide. Species to establish include Cocalico aster, Zig zag aster, Hairy beardtongue, and Golden alexanders. Wildflowers are to be established in patches 10 ft by 10-15 feet scattered across the open field. Utilize the seed mix at a rate of 2.5-3 pounds per acre. Certified seed must be used when establishing the practice. Establish the conservation cover using the following methods:

light tilling of the field utilizing a rototiller or plow with disking and drill seed into the prepared seed bed. No herbicides are to be used for site preparation.

Field 2 - 612 Tree and Shrub Establishment- 0.5 ac- Field 2

Establish native shrubs in the wetland pool areas, as indicated on the WRPO map, to provide wildlife habitat;

improve and restore natural diversity; and enhance aesthetics of the restored wetland.

Establish shrubs by utilizing 2-gallon containerized stock. Shrubs will be planted in clusters on a 8 ft by 8 ft grid configuration. Shrub selection shall include Cranberry viburnum, Buttonbush, Winterberry holly, Chokeberry, and Highbush blueberry. For more detailed regarding species selection, site preparation requirements, and maintenance requirements, refer to the information provided as part of the attached planting guide and the implementation requirements for Tree and Shrub Establishment

Field 3 - 327- Conservation Cover- 1 acre- Field 3 Establish perennial wildflowers where indicated on the WRPO map using live plant plugs. Species to establish include Smooth penstemon, Butterfly milkweed, Dotted mint, Virginia mountain mint, and Cup plant. Utilize plugs by planting the listed species in homogeneous clumps on a 1 foot by 1 foot grid configuration.

Wildflowers are to be established in patches 10 ft by 10-15 feet scattered across the open field. Establish the conservation cover using the following methods: clipping or flame burning vegetation to bare ground and transplanting plugs. Add ring of bark/landscape mulch around plants to discourage competition of existing vegetation. No herbicides are to be used for site preparation.

Field 4 - 327- Conservation Cover- 0.75 acre- Field 4

Establish perennial wildflowers where indicated on the WRPO map using certified seed for the species and amount per acre as listed on the attached planting guide. Species to establish include goldenrods, New England aster, Wild lupine, and Purple coneflower. Utilize the seed mix at a rate of 2.5-3 pounds per acre. Wildflowers are to be established in patches 10 ft by 10-15 feet scattered across the open field. Certified seed must be used when establishing the practice. Establish the conservation cover using the following methods: light tilling of the field utilizing a rototiller or plow with disking and drill or broadcast seed into the prepared seed bed. No herbicides are to be used for site preparation.

3. Lillian Williams Site (Treatment Period: Spring 2020-Summer 2021) ADDRESS: 1560 Potomac Street, Mount Bethel, PA 18343

314- Brush Management – Field 1 and 2

It is a requirement under the WRP that all noxious weed plant species be controlled. Management of invasive plants within the easement should be attempted through herbicide application. Multiflora rose (Rosa multiflora) reed canary grass (Phalaris arundinacea), and other potential species, including but not limited to, Russian olive (Elaeagnus augustifolia), Japanese stilt grass (Microstegium vimineum ), autumn olive (Elaeagnus umbel/ate), mile-a-minute weed (Persicaria perfoliata), Japanese knotweed ( Fallopia japonica), Japanese barberry (Berberis sp.) and purple loosestrife ( Lythrum salicaria) should be addressed if found. It will be the responsibility of the entity carrying out the management plan to implement invasive species control.

All herbicide applications must be done according to the instructions on the herbicide label. It is a violation of Federal law to use a pesticide in a manner that is inconsistent with its labeling.

Tract-specific Habitat Management

Field 1 and 2 - Wetland/Upland Buffer

Field 1 and 2 are 19.5 acres in size. Approximately 13 acres are a mix of forested and scrub shrub wetland. If reed canary grass is found, it should be treated multiple times. Trees form a protective buffer between the road (Potomac Street) and the wetland habitat. Vegetation within 25 feet of the road should not be treated unless it is an invasive or noxious plant species. The western edge of the easement is 6.5 acres of upland forest and wet pasture. The pasture is a diverse mix of low emergent vegetation due to the livestock grazing. The rest of this area is forested upland. Any invasive or noxious plant species in this field should be treated.

Reed Canary Grass Treatment (2-year treatment)

Herbicide should be used to treat reed canary-grass with the goal of complete removal within 5 years.

Multiple treatments will likely be necessary to achieve this objective.

Glyphosate or imazapyr will be applied in a dilution appropriate for the method of application. When carrying out a foliar application of glyphosate or imazapyr, the surfactant LI-700® may be used in accordance with the EPA-approved label instructions to improve efficacy of the herbicide and potentially reduce or eliminate the need for re-treatment. Either of the following two methods of application (High- or Low- pressure spray) is appropriate for restoration of habitat at this site.

-High-Pressure Spray (glyphosate/imazapyr)

This is a foliar application method, intended to deliver herbicide to the leaves and stems of target plants.

The high-pressure spray application is intended to treat dense stands of vegetation within which few or no non-target plants occur. High-pressure spraying will be done only when vegetation occurs at a high enough density to minimize the risk of effects to non-target plants.

These high-density stands are typically devoid of any other herbaceous vegetation, evidenced by large expanses of bare soil or target species thatch within the proposed treatment area.

Glyphosate will be sprayed onto the plants using hand-directed spray equipment, with a spray pressure not to exceed 400 pounds per square inch (PSI). At 400 PSI, the sprayer will distribute herbicide as far as 50 feet from the nozzle. High pressure sprayers will be used only to treat large monotypic stands of vegetation, where herbicide application with hand-held sprayers is not practical.

-Low-Pressure Spray and Low-Pressure Spot Spray (glyphosate)

These are foliar application methods, intended to deliver herbicide to the leaves and/or stems of target plants. Spot spray refers to the spraying of individual plants, around which non-target plants occur. Care is taken to spray just the target plant, so that damage to adjacent, non-target plants is minimized. In contrast, spray applications are intended to treat dense stands of the target plant species, within which few or no non-target plants occur. Spraying will be done only when the target plant species occurs at a high enough density to minimize the risk of effects to non-target plants.

Glyphosate is sprayed onto the leaves or stem via spray bottle, backpack sprayer, or modified low volume hydraulic applicator with hand-held directed spray equipment with a spray pressure not to exceed 60 pounds PSI. A wand will be used to ensure that herbicide reaches the tops of tall plants. High pressure sprayers will not be used, as this would increase the risk of herbicide drift. Herbicide drift from the sprayer can kill or damage desirable non-target plants and end up in wetland soils.

Shrub/tree Treatment -

One or more of the following methods of herbicide application will be used for shrubs:

-Basal Bark Application (triclopyr)

This method involves the application of the ester formulation of triclopyr (e.g., Pathfinder® II) to woody plants with stems less than 6 inches in basal diameter. Use of triclopyr to control woody vegetation using the basal bark application method for target woody vegetation includes, but is not limited to, red maple, alder, poison sumac, and multiflora rose.

Herbicide is applied with a backpack sprayer using low pressure and a solid cone or flat nozzle. The herbicide is sprayed on the lowermost 12 to 15 inches of woody stems, including the root collar zone.

Herbicide will not be applied when snow cover prevents spraying to the ground line. Woody stems will not be saturated to the point that runoff into the soil occurs. Herbicide will not be applied to open water or water present in wetlands. Care will be taken to reduce the risk of herbicide contacting adjacent non-target vegetation, as this may kill beneficial vegetation and introduce herbicide into the surrounding soil.

When controlling woody vegetation with herbicides, approximately 10 to 20 percent of the native tree and shrub cover in mucky areas of the wetland will be retained (i.e., not treated), especially alder, red maple, and poison sumac located in or near seeps, springs, rivulets, and mucky areas.

-Cut and Paint (glyphosate)

This method involves the application of glyphosate (without surfactant) to cut stumps of shrubs. Stems of shrubs are simply cut near ground level and a small amount of glyphosate applied to the stump. Care will be taken not to spill herbicide in the wetland and only a small amount will be painted on each stump.

-EZ-ject Method

The EZ-ject method involves the injection of pellets of glyphosate or imazapyr directly into the trunks of woody vegetation via the EZ-ject lance. Injection of pellets containing imazapyr will be limited to stem diameters exceeding 4 inches to minimize the risk of herbicide leaching from roots into the surrounding soil. Herbicide is delivered directly to woody stems, avoiding any herbicide spillage in the wetland. Little or no migration of herbicide from the root system to wetland soils is anticipated.

VI. PERFORMANCE OF SERVICES:

The time spent to perform these items shall vary depending on the complexity of the site and the competence of the contractors involved.

VII. CONTRACTOR QUALIFICATIONS

The Contractor shall:

Requirements for applying conservation practice Brush Management, Conservation Cover and Tree and Shrub Establishment:

1. The person(s) performing or supervising the work must be a Certified Commercial Pesticide Applicator, including Category No. 9 Aquatic Pest Control. Any person(s) working under the supervision of the Certified Commercial Herbicide Applicator must be a Registered Pesticide Technician.

VIII. CIVIL RIGHTS AND PROGRAM DELIVERY

By signing this contract the Contractor assures the USDA that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies. Any and all information gained through this Statement of Work or in the process of carrying out the Wetland Enhancement project are to be held confidential between the Contractor, NRCS, other designated partners and the landowner unless released by the landowner.

Information gained may not be shared with others and are considered private to the landowner. The Contractor will protect the privacy of information collected during the technical assistance process according to the provisions of Section 1619 of the Food, Conservation and Energy Act of 2008.

IX. CONTRACTING OFFICER (CO)

The designated Contracting Agency for this Statement of Work is NRCS. All administrative matters regarding this Statement of Work shall be directed to either the Contracting Specialist:

Tamara Sawyer, Contract Specialist

USDA NRCS

Team 1 – Northeast Region Phone: 770-229-7795 Email: tamara.sawyer@usda.gov.

Only the CO may authorize changes to this Statement of Work.

X. CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

The designated COTR for this Statement of Work is Dan Ludwig. All deliverables and technical matters regarding the work involved in this Statement of Work shall be directed to the COTR at the following address:

Dan Ludwig, Resource Conservationist USDA NRCS, Lebanon Technical Office 2120 Cornwall Road, Suite 4 Lebanon, Pennsylvania 1704216214 Phone: 717-376-3490 Email:dan.ludwig@usda.gov

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Pennsylvania Field Office 315 South Allen Street, Suite 322

State College, Pennsylvania 16801-4850

Agreement for the Use of Data Related to USFWS Jurisdictional Species

Certain contractors will be provided access to site-specific data1 regarding U.S. Fish and Wildlife Service jurisdictional species2, subject to written acknowledgement of the following terms:

1. Site-specific data related to USFWS jurisdictional species will be held in trust by the contractor for the conservation benefit of those species. Access to these data is solely for the purpose of fulfilling the contractor’s responsibilities under the contract titled:

_____________________________ (hereafter “subject contract”). Access to these data is solely for the period of performance of the subject contract. Access and use of these data for other purposes is expressly prohibited.

2. Site-specific data for USFWS jurisdictional species are sensitive and confidential. The contractor understands and acknowledges that release of this information may result in the “take” of USFWS jurisdictional species, in violation of the “take” prohibitions of Section 9 of the Federal Endangered Species Act or the Bald and Golden Eagle Protection Act. The contractor shall take precautions to ensure the security of site-specific data, including species locations.

3. Site-specific data will not be copied, distributed, or made accessible in any digital, electro/magnetic, machine readable, written, or verbal form to other parties, except as noted below. [provide details on which specific data can be shared and with whom]

4. Should the contractor be asked to release site-specific data related to USFWS jurisdictional species, he will refer such requests to the Endangered Species Program Supervisor of the Service’s Pennsylvania Field Office, unless the data release is consistent with #3 (above). The Endangered Species Program Supervisor is responsible for determining whether, to whom, and under what conditions site-specific data are released.

1 For the purposes of this Agreement, site-specific data include data relevant to a specific site or location where USFWS jurisdictional species occur or did occur. Such data include, but are not limited to, GIS coordinates, directions to the site, street address, population data, habitat descriptions, EO ranks, date first observed, date last observed, last survey date, etc. Site-specific data also include Core, Supporting Landscape and Environmental Review polygons for USFWS jurisdictional species.

2 For the purposes of this Agreement, USFWS jurisdictional species include species that are federally listed, proposed or candidates under the federal Endangered Species Act, as well as bald eagles (which are protected under the Bald and Golden Eagle Protection Act).

5. With the exception of electronic and hard copies of contract deliverables provided to and maintained within USFWS files at the Service’s Pennsylvania Field Office, the contractor agrees to permanently delete and destroy all site-specific data and all information received or developed under this Agreement upon completion of the contractor’s obligations under the subject contract. Written confirmation of the deletion and destruction of such data and information will be provided to the USFWS within 10 days of contract completion.

6. The contractor understands and acknowledges that a breach of the provisions of this Agreement may result in suspension or termination of access to data, and termination of the subject contract.

Acknowledged by:

Date:

Contractor

Witnessed by:

Date:

Assistant Field Supervisor – Endangered Species

USFWS_data confidentiality agreement_contractor template (003)