1_Botanical_Services_BPA_Amend_1_0001.pdf

Botanical Services

Blanket Purchase Agreement in support of:

Bureau of Land Management Plant

Conservation and Restoration Program

Conducted under FAR 13.303

Issued by:

Bureau of Land Management

National Operations Center

SECTION 1 – CONTRACT VEHICLE

Contract Vehicle Type

This is a multiple award Blanket Purchase Agreement (BPA). BPA call orders will be competed among all BPA holders. BPA holders shall perform call order requirements on a Firm-Fixed-

Price (FFP) basis.

On Ramp Procedures

The Government will review call order competition, contractor performance and requirements on a regular basis and determine the necessity of on ramping. The Government reserves the right to announce and issue a new solicitation for the purposes of adding additional BPA holders to maintain healthy competition. The Government may implement on ramp procedures at any time by reopening the competition and utilizing the same basis of award established in the initial solicitation. Any resulting BPA awarded will include the same terms and conditions as the current BPA. Implementing this procedure will not affect the overall BPA period of performance end date. Existing BPA holders will be given the opportunity to submit updated pricing to be evaluated by the Government during on ramping sessions.

BPA Pricing

Pricing for services will be based on the fully burdened hourly rates of the personnel required to accomplish work.

Fully burdened rates include all direct and indirect costs to perform these services including but not limited to direct labor costs, overhead, general & administrative (G&A) costs, delivery charges, material, insurance, mobilization/demobilization, jurisdictional filing fees for permits, expenses associated with compliance with Federal, State, or local laws or regulatory requirements and profit.

Price Schedule

Fully-Burdened Hourly Rate

TECHNICAL EXPERTISE YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5

Senior Botanist

Botanist

Data/GIS Analyst

Field Technician

Ordering

Call order solicitations will include a complete description of the work to be performed, where the work shall be performed, the standards, or guidelines to be followed by the contractor in the performance of the work. The contractor shall provide all qualified personnel, and equipment necessary to perform the required services.

The contractor shall provide management of its own personnel to accomplish the work at the price and schedule negotiated for the call order.

Call orders will be competed on a FFP basis. Travel costs will be reimbursed based on actual costs in accordance with Federal Travel Regulation and GSA per diem rates.

Non-Personal Services

This BPA is for “non-personal services” as defined in FAR 37.101. The contractor and/or the contractor’s employees or subcontractors:

Shall perform the services specified herein as independent contractors, not as employees of the Government.

Shall manage and administer the work required and bear sole responsibility for complying with any and all technical, schedule, or constraints in the performance of all requirements.

Shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified.

Shall, pursuant to the government’s right and obligation to inspect, accept, or reject the work, comply with such general direction of the Contracting Officer, or the duly authorized representative of the Contracting Officer as is necessary to ensure accomplishment of call orders.

Inherently Governmental Functions

In accordance with FAR Part 7.5, Inherently Governmental Functions, this BPA and all subsequent call orders shall not be used for the performance of inherently governmental functions.

No contractor employee shall hold themselves out to be a Government employee, agent, or representative.

No contractor employee shall state orally or in writing at any time that they are acting on behalf of the Government.

In all communications with third parties in connection with any call orders under the BPA, contractor employees shall identify themselves as contractor employees and specify the name of the company for which they work.

In all communications with other Government contractors in connection with any call order under this BPA, the Contractor employee shall state that they have no authority to in any way change the call order and if the other contractor believes this communication to be a direction to change their call order, they should notify the CO for that contract and not carry out the direction until a clarification has been issued by the CO.

The contractor shall ensure that all of its employees working on this BPA are informed of the substance of this section. Nothing in this section shall limit the Government's rights in any way under the other provisions of the BPA, including those related to the Government's right to inspect and accept the services to be performed under this BPA. The substance of this section shall be included in all subcontracts at any tier.

SECTION 2 – STATEMENT OF WORK

Background

The BLM Plant Conservation & Restoration Program (PCRP) supports implementation of seed collection activities, provides technical support to other programs on native plant community management and implementation of vegetation management (and restoration) projects that support BLM mission, departmental and administration goals such as shared conservation stewardship, improving wildlife and game species habitat thus improving opportunities for hunting, fishing and outdoor recreation.

The purpose of this Blanket Purchase Agreement (BPA) is to support PCRP activities that contribute to BLM sustainable use and sustainable yield.

BPA Scope

The contractor shall provide all labor, equipment, supervision, and management to perform the required services. The contractor is responsible for all training for its employees except for SOS

Protocol Training which will be provided by BLM and specified at the call order level.

Conduct Native Seed Collections. Perform seed collection activities, including:

• Planning Seed Collections: Analyzing natural resource geospatial datasets, and seed transfer zone maps to identify and produce maps of potential seed collection sites or target species. Communicate this information to field crews and leads. Prepare reports upon completion of tasks.

• Scouting potential seed collection sites: Identify and monitor site phenology of potential target plant species populations. Track and report information on scouting including: miles of roads scouted, sites assessed, and sites monitored.

The U.S. Drought Monitor will be used to assess conditions. If sufficient suitable populations of the species and/or seed zones are not available to meet the collection goals, the contractor may develop a list of potential alternate scouting and collection species for submission and approval by the COR and CO. If drought conditions make collections infeasible additional scouting may be substituted at BLM’s discretion. The

BLM may also allow combined smaller collections to satisfy collection requirements.

• Collecting seeds: Using the BLM Seeds of Success (SOS) protocol (www.blm.gov/sos) make standard SOS collections, operational SOS collections, and SOS recollections

(SOS protocol p. 9). Prepare, package and ship seed and herbarium specimens per SOS protocol. Ensure seed collections meet minimum number of pure live seed. Complete

SOS and other data forms free of errors. Call orders will describe the number and type http://www.blm.gov/sos of collections, number of collections allowed for species/seed transfer zone combinations, and how seeds above the required collection size will be accounted for.

• Utilize GeoPlatform to capture collection data.

• Ensure field crews work in a safe and environmentally sensitive manner.

• Seed and data collection often occurs in remote locations, where cellular connection is unavailable or inconsistent. The BLM expects that field crews be prepared to camp in primitive conditions and to collect seed and data in multi-day trips to minimize travel time and maximize efficiency. The contractor is responsible for safety and for advanced coordination with the local field office(s) regarding access across private lands.

contractor personnel will be informed of local issues, safety measures and resource concerns by local BLM contacts.

Botanical Surveys and Monitoring. Completing general and rare plant surveys, habitat assessments, and plant population monitoring.

Botanical Surveys

Depending on the size of the project area and the heterogeneity of the habitats within the project area, surveys will involve one or a combination of the following survey methods:

1. Complete Survey

A complete survey is a 100 percent visual examination of the project area (Figure 1) using transects. The length of the transect and distance between transects might change as the topography changes throughout the project area. Transects shall be spaced so that the entire area between transects is visible and so that the smallest, rare plant expected to occur is visible. The surveyor (1) compiles a species list while traversing the project area and keeps track of the plant community or habitat type where each taxon occurs; (2) maps the locations of all rare taxa encountered using a GPS unit, and (3) fills out the appropriate occurrence record (as appropriate for the state you are in) for each location of each rare taxon encountered.

Figure 1. Complete survey.

2. Intuitive Controlled Survey

An intuitive controlled survey is a complete survey of habitats with the highest potential for supporting rare plant populations and a less intense survey of all other habitats present

(Figure 2). This type of survey can only be accomplished by botanists familiar with the habitats of all the plant species that may reasonably be expected to occur in the project area. The botanist traverses through the project area enough to see a representative cross section of all the major plant habitats and topographic features. During the survey, the botanist compiles a species list of all plant taxa seen in route and keeps track of the plant community or habitat type where each taxon occurs. The surveyor maps the locations of all rare taxa encountered using a GPS unit and fills out the appropriate occurrence record

(as appropriate for the state you are in) for each location of each rare taxon encountered.

When the surveyor arrives at an area of “high potential” habitat, s/he surveys that area completely as described above and shown in Figure 1. High potential habitat areas include areas defined in a pre-field review of potential rare plants and habitat and other habitats where a rare species appears during initial field work traversing the project area.

Areas within the project area that are not the focus of a complete survey must be surveyed sufficiently so that is the botanist and BLM reasonably believe that few if any additional species would be added to the complete species list for the project area. The report shall justify why the botanist did not consider these areas to have a high potential for supporting rare plant species and thus did not subject the area to a complete survey.

Figure 2. Intuitive Controlled Survey.

Documenting the Results of Inventory

The results of special status plant inventories shall be well documented. This documentation must include as a minimum, the completion and submission of Field Survey Forms and geospatial data of all special status plants found.

Occurrences are defined following NatureServe’s Habitat-Based Plant Element Occurrence

Delimitation Guidance (NatureServe, 2020 < https://www.natureserve.org/sites/default/files/eo_specs-habitat-based_plant_delimitation_guidance_may2020.pdf >). These forms are submitted to the identified point of contact.

Personnel conducting the inventory must meet the qualifications outlined in this solicitation and any state specific requirements. For BLM to adequately determine the quality of third-party inventories, the following information must appear in a detailed report to BLM:

a. Project description

− Detailed map of the project location and study area

− Direct and indirect actions that may impact the special status plant communities

− Acreage of proposed disturbance and buffer area acreage of anticipated indirect impacts

b. Plant communities

− A written description of the biological setting, including descriptions of the plant communities found in the project area and a vegetation map. Plant communities shall be described and mapped to at least the alliance level using the U.S. National

Vegetation Classification.

c. Pre-project review

− Describe the intensity of the review process

− Identify which known populations were visited, which flora(s) were used to identify the species, what experts were consulted, and which herbaria were visited

− If soil surveys were used to determine suitable habitat, include those references

− Identify which reference populations were visited, the timing of those visits, if rainfall patterns and temperature were identified for the area from the nearest available weather station, and if any other climatic conditions were taken into account.

− Identify which resources were used to identify target special status plants in the project area

d. Inventory methodology

− A detailed description of the inventory methodology, including techniques and intensity of the inventory

− Distance(s) between transects throughout the study area, and how those distances were justified

− Methodology of special status plant identification (in the field or in a lab, if the https://www.natureserve.org/sites/default/files/eo_specs-habitat-based_plant_delimitation_guidance_may2020.pdf https://www.natureserve.org/sites/default/files/eo_specs-habitat-based_plant_delimitation_guidance_may2020.pdf plant was sent to a specialist to be identified, which characteristics distinguished the plant from look-alikes in the area)

− Maps showing areas actually searched

− This will also include areas searched but no special status plants found (negative survey data)

− Identify type of GPS unit used

e. Inventory timing

− How inventory timing was determined

− Exact dates of all surveys, and which special status plants were identified on those dates

− Timing of visits to reference populations

f. Inventory results

− Type and number of special status plants identified

− Phenological stage(s) the special status plant was in when it was identified

− Habitat, soil type, vegetation type, and associated species of the special status plant

− Population boundaries

− Condition of the population (disease, predation, etc.)

− Current threats to the population (off-road vehicles, erosion, non-native species, etc.)

− A complete list of all plant species (not just special status species) identified within the project area

g. Discussion

− Assessments of the health, population size, and protective status of any special status plants found

− A discussion of any range extensions discovered as a result of the inventory

− A discussion of the significance of any special status plant occurrences found, with consideration for other nearby occurrences, and the distribution of the species as a whole

h. Impact analysis

− An assessment of potential impacts (from temporary and permanent impacts)

− Recommended mitigation measures to reduce impacts

− Recommended management actions to conserve any special status plants

i. Contractor qualifications

− The name(s) and qualifications of the persons conducting the inventory

− Include a copy of the email or letter from the BLM botanist approving each person.

j. References

− List of references cited

− Persons contacted

− Herbaria or reference sites visited

k. Data

− Copies of field data forms

− Photos

− Maps (special status plant locations, survey areas, vegetation maps)

− Shapefiles (special status plants, negative survey areas, total area surveyed)

− Plant vouchers

− Any site-specific additional information required by the BLM, as defined in the

Call Order.

Voucher specimens of special status plants shall be collected, if necessary, to conclusively document the occurrence of the species and if the collection will not adversely affect the health of the population at the site. Collection of Federally listed plants on Federal lands requires a permit from the Fish and Wildlife Service. If voucher specimens are collected, they shall be deposited in major recognized herbaria for future reference.

Photographs shall be taken of the areas inventoried, of all special status plants found (including of identifying characteristics of special status plants, or look-alikes), and of the habitat associated with each special status plant occurrence.

Data Collection – Data Submission

Geospatial data Collection and data submission standards will be described within individual call orders. Information may include but is not limited to data collection/submission location (e.g., existing BLM or Heritage Program ArcGIS Online (AGOL) feature services), coordinate system, minimum GPS accuracy, or feature types.

A copy of the Data shall be submitted directly to the designated BLM contact.

Botanical Monitoring

Botanical monitoring is performed for a variety of management objectives and with varying levels of prior implementation.

Existing monitoring plan

Existing monitoring plans will be identified in individual call orders and the objectives and methodologies provided. Changes to methodologies will only be done with written approval by the Contracting Officer in coordination with the COR and technical specialists.

Development and implementation of new monitoring plan or revised monitoring plan

New or revised monitoring plans will be identified in individual call orders. The BLM will identify required management and monitoring objectives and provide any previously implemented monitoring plans and results.

The contractor will develop a scientifically robust plan that meets the provided management and monitoring objectives.

The BLM will approve the developed plan prior to implementation by the contractor.

Personnel Conducting Inventories or Monitoring

All personnel conducting special status plant inventories shall have the following:

• strong backgrounds in plant taxonomy and plant ecology

• strong background in field sampling design and methods

• knowledge of the floras of the inventory area including the special status plant species

• familiarity with natural communities of the area

• familiarity with state and federal laws and agency policies that pertain to rare plant protection

These qualifications help ensure that all special status plants in the inventory area will be located, including taxa that BLM or project proponents did not predict at the start of the inventory. All survey efforts shall be coordinated with the BLM botanist. Approvals for changes to protocols or other survey methodology must be approved in writing by the BLM Contracting Officer.

Technical Expertise Qualifications

Senior Botanist

Education: Master’s Degree in Biological Sciences with course work in plant ecology and botany including plant taxonomy/identification

Experience: Five years of work in the field of botany or ecology or

Education: Bachelor’s Degree in Biological Sciences with course work in plant ecology and botany including plant taxonomy/identification

Experience: ten years of experience in the biological sciences field with demonstrated successful experience in program management and/or project planning and implementation.

Botanist

Education: Bachelor’s Degree in Biological Sciences with course work in plant

Experience: Two years of work in the field of botany or ecology or

Education: Master’s Degree in Biological Sciences with course work in plant

Data/GIS Analyst

Education: Bachelor’s Degree in applicable field

Experience: Two years of experience compiling and analyzing natural resource geospatial data to develop data products

Field Technician

Experience: One year of experience in plant ecology or botany or

Education: Successful course work in plant ecology and botany including plant taxonomy/identification

BPA Place of Performance

Throughout the region. Specific place of performance will be specified at the call order level.

Network Connectivity

The contractor will face environments where there is little to no network or cellular connectivity.

Government-Furnished Property (GFP)

The government does not intend to furnish any property.

Government-Furnished Information (GFI)

Any GFI will be specified at the call order level. Information may include historical inventories, maps and other information.

SECTION 3 - INSPECTION AND ACCEPTANCE

Place of Inspection and Acceptance

Seed Collection

As seed is collected in amounts that equal a collection, the contractor shall deliver seed to the designated local BLM field office for inspection and acceptance.

Data created shall be delivered to the BLM electronically at periodic intervals as specific in the call order and at least monthly.

Botanical Surveys and Monitoring

Data created shall be delivered to the BLM electronically at periodic intervals as specific in the call order and at least monthly.

Scope of Inspection

Inspection and acceptance of all work performance, reports and other deliverables under a call order shall be performed by the COR or designated Project Inspector.

Seed Collection

Method for determining estimated PLS-

The contractor shall use the viability equation (located in the SOS Protocol) to estimate the collected pure live seed (PLS) and provide the information to the BLM. The BLM reserves the right to perform its own cut tests to validate the contractor reported PLS.

Method for inspecting seed-

The BLM will visually inspect packaged seed and shipping documentation for quality and accuracy.

Method of inspecting data-

Review of submitted SOS forms, reports, and other data sets for completeness and accuracy by the COR.

Seed should be reasonably free of inert matter

Botanical Surveys and Monitoring

Review of submitted reports and data for completeness and accuracy.

Basis of Acceptance

The basis for acceptance shall be compliance with call order requirements. Deliverable items rejected shall be corrected in accordance with the applicable clauses.

The Government will accept seed in accordance with industry standards.

Reports, documents and other narrative-type deliverables will be accepted when all discrepancies, errors, or other deficiencies identified in writing by the Government have been corrected.

All the Government's comments on deliverables shall either be incorporated in the subsequent version of the deliverable, or the contractor shall demonstrate to the Government's satisfaction about why such comments should not be incorporated.

If the Government finds that a draft or final deliverable contains spelling errors, grammatical errors, or improper format, or otherwise does not conform to the requirements stated within this call order, the document may be immediately rejected without further review and returned to the contractor for correction and resubmission.

Written Acceptance/Rejection by the Government

The CO/COR will provide written notification of acceptance or rejection of all final deliverables within 15 work days (unless specified otherwise in Section 5 - Deliverables or Performance). All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection.

Non-Conforming Products and Services

Non-conforming products or services will be rejected. Deficiencies shall be corrected, by the contractor within ten workdays of the rejection notice. If the deficiencies cannot be corrected within ten workdays the contractor shall immediately notify the CO and COR of the reason for the delay and provide a proposed corrective action plan within ten workdays.

If the contractor does not provide products or services that conform to the requirements of this call order, the Government is not obligated to pay the fixed price associated with the non-conforming products or services.

SECTION 4 – BPA ADMINISTRATION DATA

Contracting Officer’s Representative (COR)

The CO will appoint a COR in writing for each call order through a COR Appointment Letter that will be provided to the contractor upon award. The COR will receive, for the Government, all work called for by the call order and will represent the CO in the technical phases of the work. The COR will provide no supervisory or instructional assistance to contractor personnel.

The COR is not authorized to change any of the terms and conditions, scope, schedule, and price of the BPA or the call order. Changes in the scope of work will be made only by the CO by properly executed modifications to the BPA or the call order.

Purchase Ceiling

Total purchases under all BPAs awarded is estimated to be $4,000,000.

Extent of Obligation

The Government is obligated only to the extent of authorized purchases actually made under the

BPA.

Purchase Limitation

Individual purchases shall not exceed the simplified acquisition threshold unless agency regulations establish a higher threshold.

Individuals Authorized to Purchase Under the BPA

BLM Contracting Officers are authorized to purchase under the BPA.

Invoice Submission and Requirements

Payment requests must be submitted electronically through the U. S. Department of the

Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the

IPP invoice: Standard Commercial Invoice

The contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The contractor Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-

3131.

If the contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the contractor must submit a waiver request in writing to the CO with its proposal or quotation.

The contractor may invoice for work performed and accepted. The invoice shall include the period of performance or deliverable/progress payment period covered by the invoice and the

CLIN number and title. All costs shall be reported by CLIN and shall be provided for the current invoice and in total from project inception to date. The listing shall include separate columns and totals for the current invoice period and the project to date.

SECTION 5 - SPECIAL BPA REQUIREMENTS

Key Personnel

The Government does not intend to dictate the composition of the ideal team to perform call orders. The Government may designate specific positions as Key Personnel at the call order level.

Key Personnel Substitution

Substitute personnel qualifications shall be equal to, or greater than, those of the personnel being substituted. If the Government CO and the COR determine that a proposed substitute personnel is unacceptable, or that the reduction of effort would be so substantial as to impair the successful performance of the work under the call order, the contractor may be subject to default action as prescribed by FAR 52.249-8, Default (Fixed-Price Supply and Service).

Organizational Conflict of Interest

If the contractor has or is currently providing support or anticipates providing support to the

Department of the Interior that creates or represents an actual or potential organizational conflict of interest (OCI), the contractor shall immediately disclose this actual or potential OCI in accordance with FAR Subpart 9.5. The contractor is also required to complete and sign an

Organizational Conflict of Interest Statement in which the contractor (and any subcontractors, consultants or teaming partners) agrees to disclose information concerning the actual or potential conflict with any quote for any solicitation relating to any work in the call order. All actual or potential OCI situations shall be handled in accordance with FAR Subpart 9.5.

Non-Disclosure Requirements

All Seeds of Success and rare plant data collected under this BPA and subsequent call orders are designated sensitive. As such, contractors performing services shall sign a Non-Disclosure

Agreement (NDA) form prior to performing any work. In addition, it is the contractor’s responsibility to make sure their employees understand that no sensitive information may be disclosed. Data may be disclosed only with BLM Plant Conservation & Restoration National

Program Lead (WO) approval, on a case-by-case basis.

If the contractor acts on behalf of, or provides advice with respect to any phase of an agency procurement, as defined in FAR 3.104-4, then the contractor shall execute and submit a

Corporate (NDA) Form and ensure that all its personnel (to include subcontractors, teaming partners, and consultants) who will be personally and substantially involved in the performance of a call order:

a. Are listed on a signed Addendum to Corporate (NDA) Form prior to the commencement of any work on the call order,

b. Are instructed in the FAR 3.104 requirements for disclosure, protection, and marking of contractor bid or quote information, or source selection information, and

c. Are instructed in Far Part 9 for third party disclosures when acting in an advisory capacity.

All proposed replacement contractor personnel also must be listed on a signed Addendum to

Corporate NDA and be instructed in the requirements of FAR 3.104. Any information provided by contractors in the performance of the call order or obtained by the Government is only to be used in the performance of the call order. The contractor shall put in place appropriate procedures for the protection of such information and shall be liable to the Government for any misuse or unauthorized disclosure of such information by its personnel, as defined above.

Section 508 Compliance Requirements

Unless the Government invokes an exemption, all Electronic and Information Technology (EIT) products and services provided shall fully comply with Section 508 of the Rehabilitation Act of

1973, per the 1998 Amendments, 29 United States Code (U.S.C.) 794d, and the Architectural and Transportation Barriers Compliance Board’s Electronic and Information Technology

Accessibility Standards at 36 Code of Federal Regulations (CFR) 1194. The contractor shall identify all EIT products and services provided, identify the technical standards applicable to all products and services proposed, and state the degree of compliance with the applicable standards. Additionally, the contractor must clearly indicate where the information pertaining to

Section 508 compliance can be found (e.g., Vendor’s or other exact web page location). The contractor must ensure that the list is easily accessible by typical users beginning at time of award.

Travel

Contractor costs for travel will be reimbursed at the limits set in the following regulations (see

FAR 31.205-46):

a. Federal Travel Regulations (FTR) - prescribed by the GSA.

The contractor may invoice monthly for costs incurred for cost of travel comparable with the

FTR. The invoice shall include the period of performance covered by the invoice, the CLIN number and title.

Local Travel

5 CFR 330.604(e) states “Local commuting area means the geographic area that usually constitutes one area for employment purposes as determined by the agency. It includes any population center (or two or more neighboring ones) and the surrounding localities in which people live and can reasonably be expected to travel back and forth daily to their usual employment.”

Preservation of Historical and Archeological Data

The Historic and Archeological Data Preservation Act of 1974, provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or programs.

If, in connection with operations under this call order, the contractor, subcontractors, or the employees discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Contracting Officer in writing, giving the location and nature of the findings. No objects of cultural resource value shall be removed.

Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.

The contractor shall be responsible for protecting the cultural resources within the affected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The contractor shall immediately notify the Contracting Officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed. Actions taken under this paragraph shall be subject to the FAR

52.242-15 Stop-Work Order.

Interruption of Work

ENVIRONMENTAL - The Contracting Officer, by issuance of a stop work order, may direct the contractor to shut down any work that may be subject to damage due to weather conditions or fire danger. The contractor shall be given a resume work order, which shall document the date the stop work order ended. An allowance has been included in the contract time for short-term environmental delays up to one day at a time. The count of contract time shall therefore continue during stop work of one day or less, but the count of contract time shall stop during stop work orders in excess of one day at a time. All periods of stop work by the Government shall be documented. Actions taken under this paragraph shall be subject to FAR 52.242-15- Stop-Work

Order.

ENDANGERED SPECIES - The Government may direct the contractor to stop work and all operations or may redirect the work to another location in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species, identified under BLM Manual 6840 (Attachment 4), are discovered to be present in or adjacent to the project area. Actions taken under this paragraph shall be subject to FAR 52.242-15 Stop-Work

Order.

FIRE DANGER SEASON - If the COR allows the contractor to continue work during periods of declared fire danger or season, the contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.

Identification of Contractor Employees

All contractor personnel are required to identify themselves as contractors. Whether attending meetings,or working in other situations where their contractor status is not obvious to third parties, they must make their status known to avoid creating an impression that they are

Government employees.

SECTION 6 - CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This BPA incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request the CO will make their full text available. Also, the full text of a provision may be accessed electronically at:

FAR website: https://www.acquisition.gov/far/

Clause No Clause Title Date

52.203-12 Limitation on Payments to Influence Certain Federal

Transactions (Jun 2020)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-18 Commercial and Government Entity Code

Maintenance

(Aug 2020)

52.204-19 Incorporation by Reference of Representations and

Certifications

(Dec 2014)

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

(Nov 2021)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services

(Nov 2023)

52.227-14 Rights in Data – General (May 2014)

52.242-15 Stop Work Order (Aug 1989)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERICAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 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 products and commercial services:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 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.)

_x_ (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) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117-328).

_x_ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim

_x_ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (11) [Reserved].

__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022)

( 15 U.S.C. 657a).

__ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer)

( 15 U.S.C. 657a).

__ (14) [Reserved]

_x_ (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (17) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 15 U.S.C. 637(d)(2) and

(3)).

__ (18) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 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 (SEP 2023) of 52.219-9.

__ (19) (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_ (20) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT

2022) ( 15 U.S.C. 657f).

https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

_x_ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP

2023)( 15 U.S.C. 632(a)(2)).

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

__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

__ (25) 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 (OCT 2022)

( 15 U.S.C. 637(m)).

__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) ( 15 U.S.C. 644(r)).

__ (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

_x_ (28) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_x_ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC

2022) (E.O.13126).

_x_ (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_x_ (31) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

_x_ (32) (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_ (33) (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_ (34) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

_x_ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (DEC 2010) (E.O. 13496).

_x_ (36) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 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).

https://www.acquisition.gov/far/part-52#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50

_x_ (37) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (38) (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.)

__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

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

__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (JUN 2016) (E.O. 13693).

__ (41) (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.

__ (42) (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.

__ (43) 52.223-15, Energy Efficiency in Energy-

Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

__ (44) (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_ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (JUN 2020) (E.O. 13513).

__ (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (48) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

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

https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_9…