140A0720Q0020_PG3_48.pdf

SOLICITATION # 140A0720Q0020 BIA-SWRO-FORESTRY & WILDLAND FIRE

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B. CONTINUATIONOF SF 1449

B.1. Contract Type

The Department of the Interior, Bureau of Indian Affairs (BIA), Southwest Regional Office (SWR) anticipates awarding one or two separate Firm Fixed Priced Purchase Order under FAR Parts 12 and 13 for the Landscape Cultural Resources Survey on the Jicarilla Apache Nation (JAN) and

Southern Ute Indian Tribe (SUIT) Reservations in support of the Division of Forestry and

Wildland Fire as a result of this opportunity. This acquisition is set-aside for Indian Economic

Enterprise.

B.2. Performance Work Statement

(a) Background. This is a long term effort intending to contract cultural resource survey services for all reservations within the BIA SWRO. The proposed forestry and fuels projects are considered undertakings as defined in 36 CFR 800.16(y) and have the potential to effect historic properties

(cultural resources) located on tribal lands within the BIA’s SWR. Therefore, prior to initiating these undertakings the BIA must consider the possible effects of the proposed project upon cultural resources in accordance with § 106 of the National Historic Preservation Act (NHPA, 16 U.S.C

470). This shall be accomplished by conducting cultural resource inventory, identification, and evaluation surveys for forestry and fuels projects

(b) Scope. The BIA is acquiring services for conducting cultural resource surveys. The contracted services will be applied to forestry and fuels projects on Indian reservations within the BIA’s SWR.

The projects include, but are not limited to, Commercial Timber Sales, Hazardous Fuels

Reduction, Mechanical Fuels Treatments, Wildland-Urban Interface, and prescribed burn projects.

Most of the projects will be conducted in upland forested areas, however they may also include riparian areas along permanent watercourses, shrublands, and grasslands, or low to medium density residential areas or other developed areas on the reservations. The BIA SWR’s JAN in

New Mexico and SUIT in Colorado are the two location under this contract requiring landscape cultural resources service. The contracted services will predominantly consist of archaeological survey, but may also include site/project monitoring, site recording, and site marking prior to treatment initiation.

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 this contract.

(3) The contract manager or alternate must be available during normal duty hours within 60 minutes to meet with government personnel (designated by the CO) to discuss problem areas. After normal duty hours, the manager and alternate(s) must be available within 2 hours.

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(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. Government site badge instructions: must be present upon Contracting Officer’s Representative’s (COR) request.

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

(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 contract’s time and attendance policies and reporting requirements.

(7) The Contractor shall employ only skilled, trained workers familiar with the equipment.

(8) The Contractor will make arrangement with Tribe Tribal Employment Rights Office (TERO) for work permits for each employee doing work on this project.

(9) All crew members shall be qualified professional archaeologists as described in the Secretary of Interior’s Standards and Guidelines for Archeology and Historic Preservation. Para-archaeologists and others whose primary occupation is otherwise shall not be considered qualified to conduct archaeological investigations on BIA sponsored projects.

(10) The Contractor shall provide a list of Key Personnel hired for this project to the COR before work commences. The BIA reserves the right to exclude key personnel from providing services under this project. The basis for excluding key personnel will be the lack of competency and/or professional behavior on past or ongoing contracts, including this project. If a new hire is made during the course of this project, the person must be approved by BIA before starting on the project.

(c) Principal Investigator

(1) In accordance with 36 CFR 61.5.

(2) Is responsible for company oversight and management of the project

(3) Must have full authority to act for the Contractor on all project matters relating to daily operations of these projects.

(4) Is available during government business hours to discuss problem areas.

(5) The name of the principal investigator and contact information in writing to the COR.

(d) Supervisory Archeologist (Crew Chief)

(1) In charge of implementing and overseeing the fieldwork and preparation of the final report.

(2) The name of the archeologist and contact information in writing to the COR.

B.4. Safety

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

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(b) 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.

(c) 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.

(d) 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.

(e) 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.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.

(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.

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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. Security, Access and Notification Requirements

(a) The contractor shall follow the security/access process at the tribe. The contractor is responsible for obtaining the necessary permit from the tribe. When obtained the contractor must inform the COR. BIA may assistance in the process of obtaining such permits and authorizations.

(b) Access across private/fee lands must be with landowner permission only

(c) The contractor shall be qualified to receive a BIA non-collection, non-disturbing survey authorization (permit) issued by the BIA SWR Regional Archaeologist in Albuquerque, NM.

(d) BIA agency and tribal authorities must be notified of the beginning date of fieldwork, the duration of the work, and the ending date.

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

(f) The contractor must be responsible for safeguarding all government property provided for contractor use. At the end of each work day, all government property, equipment and materials must be secured. All contractor provided equipment, vehicles, materials, tools, etc. must be secured by the contractor at the site. COR may designate a site, but BIA is not responsible for the security.

(g) Contractor vehicles may have to be registered or certified with the tribe. Contractor vehicles must be leak free in accordance with EPA and Health and Safety regulations.

(h) The tribal reservation where the work is being conducted may require a tribal monitor to accompany the cultural resource survey crew during the conduct of the survey. It is the

Contractor’s responsibility to inquire of the tribe whether this is a requirement. The BIA and the

Contractor are not responsible for providing funds for the tribal monitor.

B.8. Meetings

(a) 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 (in-person or electronically), the

BIA will be available to review the project, project area, scope of work, staffing and schedule 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. The BIA has the option to allow a pre-work phone call in lieu of an electronic meeting.

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(b) Performance Evaluation

The CO may require the Contract Manager and/or other contractor key personnel to meet with the

CO, COR and other BIA personnel as deemed necessary. 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 5 calendar days following receipt of the minutes.

(c) Any required virtual interactions will be held on the Microsoft® Teams platform.

B.9. Hours of Operations

(a) Normal Hours of Operation

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

8 a.m. to 5:00 p.m. Field data collection will be limited to daylight hours. However, the BIA will only provide contract administration during government business hours, which will be Monday through Friday from 8:00 am to 5:00 pm 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 will need to be negotiated. Once the schedule is established, any deviations to the schedule must be approved in advance by the COR. If it is required of the BIA to supply an attendant to stay after the normal hours of operation, the Contractor must cover the additional cost of the BIA attendant.

(b) Holidays

The BIA will not be available for contract administration during federal holidays. The Contractor shall not work on Federal or local holidays. Federal holidays are in accordance with 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 closures of the government facilities or Tribal

Reservation for early release, dismissal, unforeseen weather, electric power outages, hunting season, and fire or tribal activities.

B.10. Definitions

(a) General Definitions

(1) Contract Discrepancy Report - A contract discrepancy report is the report transmitted to the contractor by the CO, initiated by the COR.

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

(3) Defective Supply/Equipment – An item that does not meet the requirement standard specified in this contract.

(4) Performance Requirement - The point that divides acceptable and unacceptable performance of a task according to the inspection clause.

(5) 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

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(6) 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.

(7) 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 for reference use by the quality assurance evaluator (QAE) together with inspection and report forms as appropriate.

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

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

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

(b) Acronyms

BIA – Bureau of Indian Affairs

CFR – Code of Federal Regulations

CO – Contracting Officer

COR – Contracting Officer’s Representative

GIS – Geographic Information System

GPS - Global Positioning System

IAM – Indian Affairs Manual

JAN – Jicarilla Apache Nation

NAD - North American Datum

NHPA – National Historic Preservation Act

PRS – Performance Requirements Summary

SUIT – Southern Ute Indian Tribe

SWR – Southwest Regional Office

USGS – United States Geological Survey

B.11. Government Furnished Property (GFP) and Services

The BIA will furnish to the Contractor the property and supplies described below:

(a) The BIA will provide access to its data repository for the conduct of background research related to the project.

(b) The survey area shall be defined by the BIA in consultation with the appropriate historic preservation office. The following will be provided to the Contractor: Two copies of a United

States Geological Survey (USGS) 7.5-minute quadrangle map identifying the project or defined survey boundaries shall be provided to the contractor. Boundaries of the project areas have been defined on the ground with colored flagging tape or other marking devices at inter-visible points.

Optionally, a supplemental Geographic Information System (GIS) shape file of the project and defined survey boundaries may be provided to augment the description of the project area.

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B.12. 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. All data collected shall be treated as confidential and will not be shared or transferred to any party without the written consent of the governing body of the tribe or Pueblo where the data was gathered. This applies to all Contractor personnel who provide services under this project, including but not limited to the 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, 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, or subcontractor 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) Data gathered during the course of the contract is considered proprietary property of the BIA and the tribe for which the work is being completed and should not be disseminated without their permission, except to the state or tribal historic preservation regulation authorities as needed in the performance of the stipulations of the contract.

B.13 Contractor-Furnished Items and Services

The Contractor must provide all personnel, labor, office space, travel, lodging, meals, vehicles, fuel, technology, hardware, software, equipment, tools, supplies, materials, supervision, utilities, insurance, permits, meetings, and training necessary to perform the services to complete the required tasks and provide the deliverables under this project. The surveys will be conducted on the JAN and SUIT Reservations within the jurisdiction of the BIA SWRO. Report production may occur at a location of the contractor’s convenience. Except for those items or services specifically stated as Government furnished in Section B.11., the contractor must furnish everything needed to perform this project according to all its terms. This a fixed-price contract; therefore, overtime pay, holiday pay and other premium pay is not allowable.

B.14. Specific Tasks

(a) Location. Attachment D.2. Map. (Contractor is to select one or both)

(1) Stinking Lake on JAN, approximately 7,416 acres

(2) Archuleta Mesa on JAN and SUIT, approximately 7,022 acres

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(b) 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.

(c) Task #2 – Pre-field Investigations

(1) Prior to initiation of fieldwork the contractor shall conduct an archaeological site file search for previously recorded archaeological sites within the proposed project area as well as an area extending out one mile from the proposed project boundaries. The file search shall be conducted of the project files at the BIA, SWO and the appropriate historic preservation office whether state or tribal (i.e. Archeological Research Management System at the New Mexico Historic

Preservation Division in Santa Fe, New Mexico, the Compass system of the Colorado Office of

Archaeology and Historic Preservation, etc.). In most cases these can be conducted online or via telecommunication.

(2) The contractor shall review the appropriate documents sufficient to become familiar with the history of the archaeological work and site documentation for project areas specified in task orders.

(3) The contractor and their staff should be sufficiently knowledgeable of the regional cultures, material culture, and architecture to be able to accurately identify and interpret the cultural resources of the project area.

(4) The contractor will review the survey reports and records dealing with previous archaeological fieldwork in the vicinity of the project area sufficient to describe the results of a literature search for the project area.

(d) Task #3 – Survey

The contractor shall perform the following duties during the survey:

(1) Non-collection, non-disturbing, surface examination of the defined survey.

(2) A 100 percent survey consists of a pedestrian survey conducted by walking transects at intervals of no more than 15 meter (50 feet) across the identified survey area. Any proposed deviations from this transect interval must be identified and justified in the quoter’s technical proposal.

(3) All sites and cultural features shall be documented on the appropriate USGS 7.5-minute quadrangle map base. Site locations should be obtained by Global Positioning System (GPS) adjusted to North American Datum 1983 (NAD 83) and provided in Universal Transverse

Mercator (UTM) units with the identified zone. GPS accuracy should conform to the Federal GPS data standards require data accuracy of +/- 3 meters after differential correction.

(4) All sites shall be evaluated and recommendations regarding their eligibility to the National

Register of Historic Places using all the criteria listed in 36 CFR 60.6, United States Department of the Interior National (USDI) Register Bulletin 15. All appropriate site, feature, and artifact documentation will be provided as required by the appropriate historic preservation office as justification for a determination of eligibility, and as specified in an associated task order. An eligibility recommendation of “undetermined” may be made, with justification, when eligibility is inconclusive based on surface observations.

(5) All previously recorded sites located within the survey area that have been determined to be eligible, or have not received an eligibility determination, will also be documented. All site records shall be updated using the appropriate state or tribal historic preservation office site inventory

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forms. In the case of those sites that have not received an eligibility determination, site updates shall include an evaluation of the site’s eligibility to the National Register of Historic Places.

Appropriate documentation, as required by the appropriate historic preservation office, shall be provided as a justification for a determination of eligibility.

(6) All isolated occurrences (IOs)/isolated finds (IFs) encountered during the survey shall be documented. It shall be accurately plotted on the appropriate 7.5 minute USGS map in the same manner as described for site locations. IOs/IFs shall be briefly documented, including the area of artifact dispersal (when applicable), artifact types, frequencies, and sketches and/or photographs of diagnostic artifacts. Plan view maps are not required.

(7) All eligible or potentially eligible sites shall be flagged at the time of recording. The site flagging shall entirely surround each site to include a buffer zone between the defined site boundary and the flagging up to 50 feet. In forested areas flagging will be placed on the outer sides of the trees away from the core of the site. Flagging tape shall be placed in obvious locations at intervals close enough to be seen from adjacent pieces. Color of flagging shall be selected so as not to conflict with flagging for other project features or activities or other projects. Other forms of marking may be determined by the archaeologist and may include temporary fencing or other barriers.

(8) If the Contractor identifies cultural resources the Contractor believes are so significant or large in scope they could negatively affect any proposed project, the Contractor shall notify the

COR and BIA Regional Archaeologist within 2 business days by telephone and by email.

(9) Should the Contractor identify human bone, a human burial, or funerary objects in the project area, the Contractor shall notify the COR, BIA Regional Archaeologist and the tribe within 24 hours by telephone and by email. At BIA SWRO’s direction, the Contractor shall prepare a Letter

Report for the discovery. The Contractor shall treat discoveries as high-priority project components.

(10) The Contractor shall warrant the provided cultural resources services comply with all applicable Federal, State, and local laws and requirements, and shall be consistent with BIA cultural resources program goals and objectives. All work must be performed in accordance with the “Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic

Preservation”, dated September 29, 1983. Contractors must meet the Secretary of Interior’s professional standards as specified in Section 112(a)(1)(A) of the NHPA and in the implementing regulations for Section 106 of the NHPA at 36 CFR 800.2(a)(1) and 36 CFR 800.2(a)(3).

Contractor shall be used in accordance with 36 CFR 800.2(a)(3) (“Use of Contractors”). The

Contractor shall ensure all approvals, authorities, rights, and permits necessary for conducting the cultural resources survey have been obtained prior to initiating fieldwork.

(e) Task #4 - Site Recordation

The contractor shall perform the following duties during site recordation:

(1) Make a professional evaluation regarding eligibility to the National Register of Historic Places on all archaeological sites located and recorded pursuant to the criteria (a through d) listed at 36

CFR 60.4. The sites shall be evaluated for their significance based on their integrity of location, design, setting, materials, workmanship, feeling, and association per 36 CFR 60.6, USDI National

Register Bulletin 15. A justification for the recommendation must accompany the site description.

(2) Provide a scaled site plan map showing the full extent of the archaeological site (8½ by 11 inch minimum). The site plan map shall show all relevant cultural features in the site. The map should also show any natural, topographic, vegetative, or non-site cultural features in and adjacent

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to the site to provide a context of the site setting. Site locations shall be obtained by GPS (NAD

83). Site perimeter shall be recorded as a GIS shapefile.

(3) Provide completed and typed site forms for each cultural resource using the forms appropriate for the jurisdiction where the cultural resource is located. Site numbers must be obtained from the appropriate jurisdictional agency (i.e. New Mexico Historic Preservation Department, Laboratory of Anthropology, Colorado Office of Archaeology and Historic Preservation). All other jurisdictionally appropriate cultural resource forms should be used, such as Isolated Object or

Isolated Find forms, New Mexico Cultural Resource Information System (NMCRIS) Investigation

Abstract Form, Colorado Cultural Resource Survey Data Management Form, etc. Previously documented cultural resources may require a new updated form to be completed for the site. A legible site plan map (8½ by 11 inch minimum) must accompany these site forms and a site location map (see Item 2 above) based on a USGS 7.5-minute quadrangle, 1:24,000 scale maps.

The site location may be depicted as a single point (if small) or as a shape (if large).

(4) Surface artifacts, or a sample thereof, shall be documented in the field during the survey. No artifacts shall be collected. If the surface artifact assemblage exceeds approximately 100 items, then one or more samples, characterizing the total assemblage, may be recorded. The field documentation of the artifact assemblage shall be used to provide an estimated temporal range of the site’s occupation, the function(s) occurred there, and a determination of the culture occupying the site.

(5) Sites extending outside the study area should be followed out to their perimeters and be fully recorded where possible. In some cases this may require additional permits or consents from other governmental landowners or land management agencies. Private landowner’s rights should be respected.

(6) The Bureau requires at least one field photograph of each site be taken, more if there are significant features (survey crew discretion). The printed photograph(s) should be included with the archaeological site form and may be included in the report. Photographs (and/or drawings) of temporally or stylistically diagnostic artifacts should be included. Film or digital formats may be used to capture the images. If digital format is used, it should be of sufficient density (minimally

300 dpi) to provide a clear unpixelated image in printing. A field log should be provided with a

Draft Report and if digital photographs are taken, electronic copies in JPEG format should be provided on a compact disc, USB flash drive, or other agreed upon media.

(7) Site identification criteria shall conform to the qualification parameters established by the jurisdictional historic preservation agency, such as, a certain number of artifacts within a defined area or a combination of differing artifact types within a certain area, or the presence of archaeological features. These include New Mexico Historic Preservation Department, Colorado

Office of Archaeology and Historic Preservation, and Jicarilla Apache Cultural Preservation

Office. Tribal historic preservation offices having other particular criteria.

(f) Reporting Requirements

The contractor shall provide a conventional state-of-the-art survey report and shall contain the following items:

(1) Provide a (contractor’s) report number.

(2) Description of the project (undertaking), the environment of the survey area, previous research and cultural history of the area, survey and field methods, project area/survey area maps, site definition, site descriptions, maps, and photos (if relevant), evaluations of National Register eligibility, and management recommendations.

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(3) The report shall comply with Appendix 1, the “Secretary of the Interior’s Standards and

Guidelines for Archeology and Historic Preservation” and any requirements set for by the Tribe for which the work will be done. This is available at: (https://www.nps.gov/history/local-law/arch_stnds_0.htm).

(4) The report shall incorporate sufficient site documentation, including the site number and site maps. The report should be a stand-alone document not requiring reference to site forms to evaluate site’s NRHP eligibility and project impacts. The report will be used for national Historic

Preservation Act, Section 106 consultation, and as such, shall provide sufficient information with which to conduct these procedures.

(5) Site forms used for site documentation shall conform to State or Tribal Historic Preservation

Officer (SHPO/THPO) requirements for the project location. Site forms shall be presented in the report as an appendix.

(6) A report of the survey shall be prepared to allow completion of NHPA § 106 compliance with consultation of the respective SHPO/THPO.

(7) An unbound draft copy of the report and site forms shall be submitted to the COR and BIA

SWR Archaeologist for review. The contractor is expected to provide a report which is clear, concise, with proper grammar and organized format, of professional quality, and containing all the required data. Upon completion of the report review, the Regional Archaeologist shall provide the contractor with any changes and corrections deemed necessary. The contractor shall make these changes or corrections before the final report will be accepted. Any additional costs to bring the report to acceptable quality will be at the contractor’s own expense.

(8) The specific tribe shall also have the opportunity to review the report prior to the submittal of a final report.

B.15. 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) All items hauled to the project locations must be hauled out.

(c) Contractor vehicles must be leak free in accordance with EPA and Health and Safety regulations.

(d) All permits must be obtained before entering any lands.

B.16. Documentation Requirements

(a) Key Personnel Listing per Section B.3.(b)(10)

(b) Work Schedule per Section B.3.((10)

(c) A written description of the backup system and a schedule for the periodic backups per

B.12.(b)

(d) The projects may require interim or progress reports at intervals during the course of the project. This will be determined at the kick off meeting.

(e) The final deliverable for the contract shall be three (3) hard copies of the report and three (3) sets of completed site forms. The reports and site forms shall be delivered to:

Regional Archeologist

Bureau of Indian Affairs, Southwest Regional Office, LANDSCAPE CULTURAL RESOURCES SURVEY SERVICES PG 14 OF 48

Division of Environmental, Safety, and Cultural Resource Management

1001 Indian School Road, NW

Albuquerque, New Mexico, 87104

The BIA SWR will be responsible for distribution of the reports to the tribe and SHPO/THPO.

(f) Provide electronic copies in PDF format of the report, archaeological site forms, and project photos to the appropriate BIA Staff Archaeologist. In addition, provide GIS data of the survey area and site boundaries in shapefile (shp), geodatabase (gdb), or keyhole markup language (kml) format. Electronic information can be submitted on a CD, USB flash drive, or other mutually agreed upon media. If secure, data may be submitted via email by means of a compressed file.

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/browse/index/far

FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES

CLAUSE CLAUSE TITLE CLAUSE DATE

52.201-1 Definitions Nov 2013

52.203-3 Gratuities Apr 1984

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

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013

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

52.245-9 Use and Charges Apr 2012

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)).

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(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).

(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].

X_ (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).

X_ (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]

X_ (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.

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

(3)).

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__ (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.

X_ (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.)

LANDSCAPE CULTURAL RESOURCES SURVEY SERVICES PG 17 OF 48

__ (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).

__ (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)).

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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)).

__ (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…