140A0720Q0019_Page 3_48_082820.pdf

SOLICITATION # 140A0720Q0019 BIA-SWRO-FORESTRY & WILDLAND FIRE

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B. CONTINUATIONOF SF 1449

B.1. CONTRACT TYPE

The Department of the Interior (DOI), Bureau of Indian Affairs (BIA), Southwest Regional Office

(SWRO) anticipates awarding one, two or three Firm Fixed Priced Purchase Orders under FAR

Parts 12 and 13 for the Ecological Monitoring of Fuels Management Landscapes services in support of the Division of Forestry and Wildland Fire as a result of this opportunity

B.2. BACKGROUND

The Bureau of Indian Affairs, Southwest Region is looking to expand the amount of acres treated by prescribed fire on the Jicarilla Apache Nation (JAN) and the Southern Ute Indian Reservation

(SUIT). Between the two reservations there are over 700,000 acres of forested lands, of which approximately 16,000 acres should be treated annually by prescribed fire in Fire Regimes 1 & 2 to maintain a 25 year return interval. Over the past 20 years, approximately 1,130 acres are burned annually between the two reservations. In order to increase the acres treated by prescribed fire each year, three landscapes of over 20,000 acres each have been identified for analysis.

Ecological monitoring data is collected in a variety of topographical, vegetative and social settings.

Terrain can vary from steep and mountainous to level surfaces along streams and rivers. Vegetation can vary from dense or open coniferous forest to dense combinations of native riparian and invasive species along the Bosque. The cultural differences between the tribes and pueblos within the

Southwest Region are numerous and striking. This results in different management approaches, objectives and uses. This is reflected in the diversity of Hazardous Fuels Reduction treatments and methods that are applied within the Southwest Region. Monitoring data will be collected on all reservations and pueblos within the Southwest Region contingent on levels and schedules of hazardous fuels reduction treatments implemented within each Agency.

Monitoring of fuels reduction treatments is required by Federal policy. Economy of scale is the reason for this acquisition. This service would take approximately three years, with the existing

BIA capacity.

The BIA is acquiring ecological monitoring services on the Stinking Lake and Boulder Lake

Projects on JAN Lands, and the Archuleta Mesa Project on both JAN and SUIT lands almost evenly.

These services are to provide data for developing prescriptions and for evaluating the effectiveness of hazardous fuels reduction (HFR) treatments conducted by the Jicarilla BIA Agency, Southern

Ute Agency and Tribal Fuels Management Programs.

B.2. PERFORMANCE WORK STATEMENT

(a) Location. This contract applies to the Stinking Lake, Boulder Lake Analysis Areas on the

Jicarilla Apache Nation in north-central New Mexico and on the Archuleta Mesa Landscape on both the Jicarilla Apache Nation and the Southern Ute Indian Reservation in south central Colorado.

The topographic settings, vegetation types, and social settings vary across the landscape. Elevations

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range from about 4,900 feet to over 11,000 feet. Temperatures may range from well below freezing to over 100 degrees Fahrenheit.

(b) Scope. The Contractor must provide all personnel, equipment, tools, technology, software, data, materials, supplies, supervision, and other items all services necessary to perform ecological monitoring for fuels management landscape services on two tribal reservations as defined in this performance work statement (PWS) for the Bureau of Indian Affairs (BIA), Forestry and Wildland

Fire. The Contractor must perform to the standards in this contract. The purpose of this contract is provide data for developing prescriptions and for evaluating the effectiveness of HFR treatments.

B.3. CONTRACTOR PERSONNEL

(a) Contractor Manager

(1) The contractor must provide a contract manager who must be responsible for the performances of the work. The name of this person, and an alternate or alternates who must act for the contractor when the manager is absent, must be designate in writing to the contracting officer

(CO).

(2) The contract manager or alternative must have full authority to act for the contractor on all contract matters relating to daily operations of this contract.

(3) The contract manager or alternate must be available during normal duty hours within 60 minutes to meet on the installation with government personnel (designated by the CO) to discuss problem areas.

(b) Contractor Employees

(1) The contractor must not employ persons for work on this contract if such employee is considered by the CO to be a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population.

(2) Contractor personnel must easily be recognized as contractor employees.

(3) The contractor must make sure employees have the following current and valid professional certifications before starting work under this contract. No substitutes of personnel without notification and approval by the CO.

(4) The contractor must not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest.

(5) All contractor employees must maintain satisfactory standards of competence, conduct, appearance, integrity and ethics.

(6) All contractor employees shall comply with contractor’s time and attendance policies and reporting requirements.

(7) The BIA reserves the right to exclude key personnel from providing any services under this contract. The basis for excluding key personnel will be the lack of competency and/or professional behavior on past or ongoing projects.

(c) Crew Leader

(1) Minimum of BS in Forest Management or related natural resources management discipline that provides fundamental knowledge of the impacts of management activities on populations of interest.

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(2) Thorough knowledge of indigenous plant species in sampling areas. Must also be able to key out species using botanical guides.

(3) Minimum of three field seasons of experience in vegetative sampling in the US Southwest.

(4) A minimum of 3 years field experience

(5) Knowledge and experience with sampling tools such as; compass, digital camera, clinometer, go/no-go gauge, and diameter tape.

(d) Safety

(1) Average daytime temperatures in the field range from 40°F in the winter to 80°F in the summer. However, daytime temperatures are capable of being much colder in winter and much hotter in summer than the average. In addition, summer thunderstorms can produce brief but intense periods of lightning and flooding. All field personnel must be prepared for the extreme temperatures by wearing the appropriate clothing, and especially in the summer heat, keep hydrated by drinking enough fluids while in the field. In addition, precautions may be necessary to avoid lightning and flooding hazards during summer thunderstorm events.

(2) Driving conditions will be highly variable as crews travel to and from the field sites. Roads will range from paved roads to unimproved dirt roads, including two-track roads or jeep trails. In addition, weather, mostly in the form of snow and rain, will often have an adverse effect on road conditions. Drivers must be aware of the roads conditions and be prepared to adjust their driving accordingly. Finally, drivers must be aware that they will be sharing the roads with other vehicles.

Therefore, field personnel must take extra precautions to avoid collisions and other mishaps with other vehicles.

(3) Various tribal hunts are expected to occur while field crews are conducting field work. To increase their visibility to hunters, field crews should wear brightly colored vests, preferably orange, when conducting field work.

(4) To protect the forest from wildfires, fire restrictions may be issued, especially during extended hot, dry periods. Although not limited to these examples, fire restrictions may apply to open fires, smoking, and some vehicle travel. In the most extreme cases, fire restrictions may result in a closure of the forest. In addition, field crews may be expected to carry in their vehicles a shovel, Pulaski, fire extinguisher, or other equipment to extinguish fires. The contractor and his/her employees are required to extinguish fires that they have started. They are also required to report fires they start to Fire Dispatch or Law Enforcement Services. This will be provided to the contractor before entering stocking study locations

B.4. SECURITY REQUIREMENTS

BIA reserves the right to perform background checks on any person(s) who are to perform work.

B.5. QUALITY CONTROL

(a) In compliance with the FAR 52.246-4, the contractor must provide a quality control plan that contains, at a minimum, the items listed in (b) to the COR for acceptance not later than the postaward conference. The COR will notify the contractor of acceptance or required modifications to the plan before the contract start date. The Contactor must make appropriate modifications. COR will provide a copy to the CO.

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(b) The plan must include:

(1) A description of the inspection system to cover all services listed on the performance requirements summary (PRS) (Attachment D.1.). The description must include specifics as to the areas to be inspected on both a scheduled and unscheduled basis, frequency of inspections and the title and organizational placement of the inspectors.

(2) A description of the methods to be used for identifying and preventing defects in the quality of service performed.

(3) A description of the records to be kept to document inspections and corrective or preventative actions taken.

(c) The records of inspection must be kept and made available to the COR and CO, when requested, throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract.

B.6. QUALITY ASSURANCE

According to the Inspection of Service clause FAR 52.246-4, the Government will evaluate the contractor’s performance under this contract. For those tasks listed on the PRS, the COR will follow the methods or surveillance observations. When an observation indicates defective performance, the COR will require the Contract Manager or alternative(s) to initial the observation. The initialing of the observation does not necessarily constitute concurrence with the observation, only acknowledgement that he or she has been made aware of the defective performance. Government surveillance of tasks not listed in the PRS or by methods other than those listed in the PRS (such as provided for by the Inspection of Services clause) may occur during the performance period of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Any action taken by the CO as a result of surveillance will be in accordance with the terms of the contract.

B.7. PERFORMANCE EVALUATION MEETINGS

The CO may require the Contract Manager to meet with the CO, COR and other BIA personnel as deemed necessary. The first meeting will be the post award meeting, to be scheduled immediately after award. The contractor may request a meeting with the CO when he or she believes such a meeting is necessary. Written minutes of any such meetings must be recorded in the contract and signed by the Contract Manager and the CO. If the contractor does not concur with any portion of the minutes, such nonconcurrence must be provided in writing to the CO within 3 calendar days following receipt of the minutes.

B.8. HOURS OF OPERATIONS

(a) Normal Hours of Operation

The Contractor must perform the services required under this contract during the following hours:

6 a.m. to 8:00 p.m. limited to daylight hours for field work; office work is 8:00 am to 5:00 pm (BIA hour – MT). The Contractor is responsible for notifying the COR if he/she will be late, or is ill and unable to work for other reasons. Working time for this contract can be negotiated. Once the schedule is established, any deviations to the schedule must be approved in advance by the COR.

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(b) Federal Holidays

BIA does not work on Federal holidays. See the U.S. Government Office of Personnel Management website: http://www.opm.gov/Operating_Status_Schedules/fedhol/2020.asp. Future calendar years can be found at the same website.

(c) Emergency or Special Event Services

Workdays may be interrupted by unannounced emergencies (fire or adverse weather) or special event closures (tribal activities). Both parties must inform the COR, Contract Manager, and Crew

Leader immediately of the occasion.

B.9. DEFINITIONS

(a) General Definitions

Contract Discrepancy Report - A contract discrepancy report is the report transmitted to the contractor by the Contracting Officer, initiated by the Contracting Officer's Technical

Representative.

Customer Complaints - Customer complaints are complaints made by customers which if validated, may be used by the Government for the purpose of assessing the contractor's quality assurance, or for taking deductions to the contract price.

Defective Service - A service output that does not meet the standard of performance requirement specified in the contract for that service.

Performance Requirement - The point that divides acceptable and unacceptable performance of a task according to the PRS and the Inspection of Services clause. It is the number of defects or maximum percentage of defects in the lot that is acceptable.

Performance Requirements Summary - A listing of the services outputs under the contract that are to be evaluated by the COR on a regular basis, the surveillance methods to be used for these outputs, and the performance requirements of the listed outputs.

Quality Assurance - A planned and systematic pattern of all government actions necessary to provide confidence that adequate technical requirements are established; products and services conform to established technical requirements; and satisfactory performance is achieved.

Quality assurance refers to actions by the government assurance functions for a contracted service. The term quality assurance is used colloquially as meaning post-award surveillance of the contractor's work.

Quality Assurance Plan - A Quality Assurance Plan (QAP) for a particular contract includes a series of individual Surveillance Guides (SGs). The QAP also contains a copy of the performance requirements summary (PRS) for reference use by the quality assurance evaluator (QAE) together with inspection and report forms as appropriate.

Quality Control - Those actions taken by a contractor to control the production of outputs to ensure that they conform to the contract requirements.

Rework - Rework is the performance of services that were found to be defective as a result of contract surveillance or other validated sources.

Surveillance - Surveillance is the process of monitoring, either by direct evaluation, observation, or other information sources, contractor performance.

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(b) Acronyms

BIA – Bureau of Indian Affairs

CO – Contracting Officer

COR – Contracting Officer’s Representative

HFR – Hazardous Fuels Reduction

JAN – Jicarilla Apache Nation

SUIT – Southern Ute Indian Tribe

B.10. GOVERNMENT FURNISHED PROPERTY AND SERVICES

The BIA will furnish to the Contractor the following:

(a) Project plot maps (Attachment D.2)

(b) Listing of plots by monitoring level (i.e. level 1, level 3, level 4)

(c) Listing of plot locations by latitude and longitude coordinates

(d) Azimuths for Brown’s transects

(e) Listing of plots by FFI Lite protocols

(f) Listing of plots by plot density

B.11. RECORDS

(a) The Contractor shall not disclose and must safeguard procurement sensitive information, computer systems and data, privacy act data and government personnel work products obtained or generated in the performance of services under this project. This applies to all Contractor personnel who provide services under this project, including but not limited to the project leader, key personnel, and other Contractor employees.

(b) When providing services using electronic equipment, such as a desktop computer, a laptop, a tablet, or similar devices, the Contractor must provide a backup system for any deliverables, and for any draft or working copies of the deliverables, stored on these devices. The backup system can either be a local area network (LAN), an external hard drive, or a USB flash drive (thumb or jump drive). A cloud-based backup system is allowed but is not recommended. The Contractor must perform backups on a defined periodic basis. Before any services are provided under this project, the Contractor will provide the BIA with a written description of the backup system and a schedule for the periodic backups.

(c) Upon the Government’s final acceptance of the services and deliverables, the Government will retain sole ownership of the deliverables. Therefore, when notified of final acceptance, the

Contractor is required to certify, in writing, the Contractor, the Contractor’s employees used to provide the services do not retain any electronic and manual copies of the deliverables, and any backups, drafts or working copies of the deliverables, provided under this project.

(d) The Government will retain unrestricted rights to Government data. The ordering activity retains ownership of any user created/loaded data and applications hosted on the Contractor’s infrastructure, as well as maintains the right to request full copies of these at any time.

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(e) The preliminary and final deliverables and all associated working papers and other material deemed relevant by the agency that have been generated in the performance of this contract, are the property of the U.S. Government and must be submitted to the COR at the conclusion of the contract in an acceptable and usable format, which may include the original format, at no additional cost to the BIA. The U.S. Government has unlimited data rights to all deliverables and associated working papers and materials in accordance with FAR 52.227-17.

B.12. SPECIFIC CONTRACTOR TASKS

(a) General Information

(1) This contract establishes methods and procedures for the collection of ecological condition data for the Southwest Regional Office, BIA HFR program. The HFR Program implements a variety of treatments to reduce the risk of loss of life and property due to catastrophic fire and to restore forest communities to healthier conditions. To aid in development and implementation of effective treatments, permanent plots are established: measured pre-treatment (Level 1), measured short-term post-treatment (Level 3), and measured long-term post-treatment (Level 4). This data is entered into a FIREMON FEAT Integration (FFI Lite) database. This database will be applied to pre-treatment assessments to develop prescriptions and will be applied to post-treatment assessments to evaluate the treatment’s short and long term effectiveness.

(2) Except for those items or services specifically stated in Section B.10. as government furnished, the contractor must furnish everything needed to perform this contract according to all its terms. The Contractor shall furnish all labor, supervision, transportation, facilities, equipment, material, and services to perform the requirements of this contract. Such equipment and use of that equipment shall be subject to the inspection and approval of the COR.

(b) Location (Contractor is to select location associated to quote being provided)

(1) Stinking Lake on the JAN Reservation; approximately 15,675 acres

(2) Boulder Lake on the JAN Reservation, approximately 17,290 acres

(3) Archuleta Mesa Landscape on both the JAN the SUIT Reservations, approximately

20,597 acres

(c) Tasks for each location

(1) Task #1 – Work Schedule

Before the work can proceed under this award, the Contractor must provide to the BIA a written work schedule demonstrating all services and deliverables can be provided under the period of performance. Once the schedule is established, any deviations to the schedule must be approved in advance by the COR.

(2) Task #2 – Post award/Pre-work meeting

Before any services are to begin under this purchase order, a pre-work meeting will take place between the Contractor and the BIA. At the pre-work meeting (electronically), the BIA will be available to review the project with the Contractor and to respond to any questions or concerns the

Contractor has. The BIA and the Contractor will mutually agree to a date, time and location for the pre-work meeting.

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(3) Task #3 - Establish permanent data collection plots using FFI Lite protocols to conduct

Level 1 pre-treatment measurement in specific project areas:

(i) The plot will be permanently demarcated using a metal post or stake a minimum of a ¼ inch in diameter and 2 feet in length. GPS coordinates of the plot center will be recorded using decimal/degrees and included with plot data.

(ii) FFI Lite Plots will be comprised of fixed radius circular plots 1/10th of an acre in size. All sampling protocols will use this plot size to establish the boundaries of each sampling plot.

Seedlings and saplings will be tallied using a fixed radius circular plot 1/100th of an acre in size.

The number and placement of plots will vary contingent on project objectives, vegetative and topographical variations, funding levels and accessibility.

(iii) The following ranges of plots/acre will be determined by the BIA and applied to this specific

Contract: A density of 1 plot per 75-100 acres of project area (a grid-map of plot locations will be provided);

(4) Task #4 - Collect ecological data using specified sampling protocols:

(i) The following definition of sampling protocols and plot densities are the minimum required for Coverage 2.

(ii) Collection of data on all plots include: Macro-plot (MP), Tree Data (TD), Fuel Loading

(FL), Species Composition (SC), and Cover Frequency (CF) with a plot density of 1 plot per 75-

100 acres.

(iii) One Brown’s transect (reference transect guidelines) for collection of fuel loading data.

Establish photo point along each transect line at 0 feet, placing placard at 10 feet facing the plot.

Horizontal (landscape) photo preferred. Include the placard, vegetation, and trees centered in the photo.

(iv) Enter and compile data of each sampling event in project specific FFI Lite databases

(Contractor must download FFI Lite Database https://www.frames.gov/ffi/home). All Macro-plot

(MP), Tree Data (TD), Fuel Loading (FL), Species Composition (SC) and Cover Frequency (CF) data are entered into FFI Lite data base.

B.13. WORKSITE REQUIREMENTS

(a) While providing services under this project, the Contractor is responsible for conducting work posing no health/safety risk to the Contractor, the Contractor’s employees, government employees, tribal employees, tribal members or the general public.

(b) Field activities may be subject to limited or restricted access due to weather conditions or fire restrictions. Crossing permits or other types of access permits may be required to travel over tribal lands. Contact COR for tribal contact for permit.

(c) The Contractor shall utilize products and material made from biobased materials (e.g., biobased greases, biobased hydraulic fluids, biobased absorbents) 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. 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. All contractor vehicles shall be inspected

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before entering on tribal and Federal government lands. The vehicles will be free of leaks (gas, water, coolant, oil, etc.) and have approved emission testing.

(d) This a fixed-price contract for services and deliverables; therefore, overtime pay, holiday pay and other premium pay are not allowed.

(e) References

All regulations, policy and reference materials are subject to periodic modifications; therefore, only the most recent regulations, policy and reference materials will be used to complete this contract.

In addition, specific procedures, methodologies and processes are further refined in each agency and project level monitoring plans completed by program staff. The BIA will not provide copies of these references.

(1) 25 Code of Federal Regulations Part 163 (25 CFR 163), General Forestry Regulations.

(2) 53 IAM, Forestry, dated September 1, 2006.

(3) Department of the Interior Departmental Manual Part 516 (516 DM), Environmental Quality, Chapters 1 – 7, 10.

(4) 43 Code of Federal Regulation Part 46 (43 CFR 46), Implementation of National

Environmental Policy Act of 1969.

(5) 59 IAM, Environmental Management.

(6) 90 IAM, Wildland Fire Management (Release #99-04 5/25/99).

(7) 3 IAM, Delegations of Authority.

(8) BIA, Fuels Management Handbook (January 2006).

(9) BIA, Fuels Management Program Business Rules Handbook (07/2008).

(10) BIA, Health and Safety Handbook.

(11) BIA, Fuels Management Program Planning and Implementation Guide, 90IAM1.4C(2)a-H

(12/05/08)

(12) Interagency Incident Business Management Handbook, NWCG Handbook 2, PMS 902, NFES 2160.

(13) Wildland and Prescribed Fire Qualifications System Guide, NWCG, PMS 310-1, NFES

1414.

(14) Interagency Prescribed Fire Planning and Implementation Procedures Reference Guide

(Sept. 2008).

(15) Other relevant Federal laws, regulations and policies as well as pertinent Tribal ordinances, policies/procedures.

(16) FFI Lite Manuals, Software, Handbook: https://www.frames.gov/ffi/home

(17) Protecting People and Natural Resources, A Cohesive Fuels Treatment Strategy

(2006)

B.14. DOCUMENTATION REQUIREMENTS

(a) Work Schedule per Section B.12.(b)

(b) Provide completed hard copies of the original and completed field data collection forms.

(c) Provide complete project level databases in digital format, Standard Data Format (file name extension) (SDF). Dataset in the FFI Lite program. Copies of the dataset can be transferred on a disk, external drive, and/or email.

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(d) Provide digital copies of data processing outputs an example of data processing and summary will be provided.

(e) One digital reference photo of each transect line.

(f) Provide a post project report, a narrative of the data collection procedures and data processing results. Refer to Attachment D.7. which is an example of a post project report. Verbal instructions can be provided at the time when such a report needs to be developed, if needed.

C. CONTRACT CLAUSES

C.1 52.252-02 Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses

FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES

CLAUSE CLAUSE TITLE CLAUSE DATE

52.201-1 Definitions Nov 2013

52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights Apr 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011

52.212-4 Contract Terms and Conditions – Commercial Items Oct 2018

52.227-17 Rights in Data-Special Works Dec 2007

52.242-14 Suspension of Work Apr 1984

52.242-15 Stop-Work Order Aug 1989

52.242-17 Government Delay of Work Apr 1984

52.245-1 Government Property Jan 2017

52.246-4 Inspection of Services—Fixed Price Aug 1996

C.2. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders—Commercial Items (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 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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(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. 3805 note)).

(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).

X_ (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).

X_ (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. 6101 note).

__ (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) (15 U.S.C.

657a).

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

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (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 (Mar 2020) of 52.219-6 (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 (Mar 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.

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__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (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) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 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) (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 (Mar2020) (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) (15U.S.C. 637(a)(17)).

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

X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020)

(E.O.13126).

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

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

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

X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s

13423 and 13514).

ECOLOGICAL MONITORING OF FUELS MANAGEMENT LANDSCAPES PG 15 OF 48

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41

U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the

Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007)

(42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

X__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

X_ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

ECOLOGICAL MONITORING OF FUELS MANAGEMENT LANDSCAPES PG 16 OF 48

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014)

(41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42

U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

ECOLOGICAL MONITORING OF FUELS MANAGEMENT LANDSCAPES PG 17 OF 48

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 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)).

(iii) 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).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR

19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-

40.

(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O

13627).

(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C.

chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

ECOLOGICAL MONITORING OF FUELS MANAGEMENT LANDSCAPES PG 18 OF 48

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

C.3. 1452.201-70 Authorities and Delegations-Department of the Interior (Sep 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the

Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

ECOLOGICAL MONITORING OF FUELS MANAGEMENT LANDSCAPES PG 19 OF 48

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the

COR acting within his or her appointment, shall be at the Contractor's risk.

C.4. 1452.204-70 Release of Claims—Department of the Interior (JUL 1996)

After completion of work and prior to final payment, the Contractor shall furnish the Contracting

Officer with a release of claims against the United States relating to this contract. The Release of

Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

C.5. 1452-226-70 Indian Preference (APR 1984)

(a) The Contractor agrees to give preferences to Indians who can perform the work required regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation for training and employment opportunities under this contract and, to the extent feasible consistent with the efficient performance of this contract, training and employment preferences and opportunities shall be provided to Indians regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation who are not fully qualified to perform under this contract. The

Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts consistent with the efficient performance of this contract. The Contractor shall maintain such records as are necessary to indicate compliance with this paragraph.

(b) In connection with the Indian employment preference requirements of this clause, the Contractor shall also provide opportunities for training incident to such employment.