140L3724Q0019_-_NFO_FY_24_Cultural_Resource_InventorySurvey.pdf

NFO FY 24 Cultural Resource Inventory/Survey, High Plains District Office, Wyoming

The Bureau of Land Management, Wyoming, has a requirement for a Class III Cultural Inventory for NFO FY 24 Cultural Resource Inventory/Survey, 6,812 total acres. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement and attachments constitute the only solicitation; quotes are being requested and a written solicitation will not be issued. Consider this solicitation (140L3724Q0019) as a Request for Quotes (RFQ). This solicitation documents incorporate provisions and clauses in effect through Federal acquisition Circular 2019-03. This solicitation is set-aside for small business. NAICS 541620 – Environmental Consulting Services, which has a small business size standard of $19M. Product Service Code B503 – Special Studies/Analysis- Archeological/Paleontological.

The resulting purchase order will be a firm-fixed price type contract. (SEE ATTACHMENTS FOR COMPLETE

STATEMENT OF WORK, MAPS, WAGE DETERMINATIONS, AND CLAUSES / PROVISIONS.)

6,812 acres X $______________/acre = $_________________

In accordance with the procedures in FAR Part 12 and 13, RFQ 140L3724Q0019 is available for viewing through electronic commerce via Land Management's website at https://beta.sam.gov.

The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer is conforming to the solicitation and is the lowest price technically acceptable. See provision 52.212-2 `Evaluation' for details of what must be included with your quote.

Technical questions regarding this RFQ shall be submitted in writing via email to the Contract Specialist Linda Neely at lneely@blm.gov by no later than Monday, July 8, 2024. Any questions received will be answered via an amendment to the solicitation on or about Wednesday, July 10, 2024. All Quotes are due Friday, July 8, 2024, 3:00pm MDT.

Note: Offerors must be actively registered in the System for Award Management (sam.gov) as of the closing date and time of this solicitation. Contractors must register at www.sam.gov. Please include your SAM UEI (Unique Entity ID) number with your quote so that we can verify your registration.

Contractor's must submit their Unique Entity ID (UEI) and CAGE code with their quote.

UEI ______________________

CAGE ____________________

For further information about this requirement, offerors should contact Linda Neely at lneely@blm.gov.

The provisions and clauses attached apply to this solicitation.

http://www.sam.gov/

U.S. BUREAU OF LAND MANAGEMENT

HIGH PLAINS DISTRICT

NEWCASTLE FIELD OFFICE, WYOMING

FY 2024 Fuels, Forestry and Wildlife projects- Class III Cultural Resources Inventory Project

STATEMENT OF WORK

I. Introduction and Background The contractor shall conduct a Class III cultural resource inventory of 6,812 acres in Crook and Weston County, as depicted on the attached shapefiles and Maps. 5,856 acres of contract project area falls entirely on lands administered by the BLM in both Crook and Weston counties, 956 acres is on private land in Weston County. This area is being considered for vegetation management activities such as heavy machinery (mechanical), manual thinning and piling, pile and broadcast prescribed fire. All cultural resources located within the inventory area will be recorded to current standards using Wyoming Cultural Property Forms and will be evaluated (including appropriate site testing) to make recommendations of eligibility for the National Register of Historic Places. This includes cultural resources whose boundaries are partly located within the inventory area, where the remainder of the boundary is located within BLM lands.

II. Project Location and Scope The project is in three main areas within Crook and Weston County in Northeastern Wyoming.

Area 1 Cabin Creek Project area is in Crook County north of Pine Haven by approximately 10 miles and west of Devils Tower by approximately 6.5 miles in T53N R67W Sections 3, 10, 11, 13, 14, 23-26 and 35:

T52N R67W Section 2.

Area 2 is comprised of differing project areas around Newcastle, WY in Weston County, WY.

• Salt creek project area is located northeast of Newcastle, WY by approximately 4 miles; T45N

R61W Sections 13, 24; T45N R60W Sections 18, 19.

• Sherwood Project area is on Private land approximately 5 miles NE of Newcastle, WY T45N 60W sections 04, 05, 08, 09, 17.

• Elk Mountain Project area is T43 R60W 5, 8, 9, 17, 20, 21, 28, 29, 32-34.

• Skull Creek project area is approximately 14.25 miles NW of Newcastle, WY in T46N R63W 02 and T47N 63W sec 26 and 35.

• Mallo Project area is approximately 16 miles N/NE of Newcastle, WY in T47N R60W Sec. 09, 10.

Area 3 is comprised of two polygons in Crook County southwest of Beulah, WY by approximately 4 miles and northeast of Sundance, WY by approximately 11.5 miles in T52N R61W Sections 13, 24, and 26

The inventory area is irregular in shape and is not marked on the ground; shapefiles will be provided to the contractor by the BLM as part of this solicitation package and/or upon contract award. All vehicular traffic shall be confined to existing roads and two-tracks.

III. Contractor Requirements

1. The Contractor shall hold a valid Cultural Resource Use Permit issued by the BLM Wyoming State Office and shall be in good standing.

2. The Contractor shall comply with all the standard stipulations attached to the Cultural Resource Use Permits and Fieldwork Authorization.

3. The Contractor shall obtain a valid Fieldwork Authorization issued by the Newcastle BLM Field

Office through the automated WyoTrack program prior to initiation of the fieldwork.

4. The Contractor shall follow the general requirements of Class III cultural resource inventories defined by the Wyoming SHPO Format, Guidelines and Standards for Class II and Class III Reports, as well as the Photographic, Archival and Digital Submission Standards for Reports and Cultural Property Forms, both are located in Appendix J of the Wyoming BLM/SHPO State Protocol. Additionally, the contractor shall adhere to the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation.

5. The Contractor shall complete Wyoming Cultural Property Forms (WYCPF) and/or Isolated

Resource Forms (WYIRF) generated through WyoTrack for all cultural resources identified during inventory. As applicable, WYCPFs and WYIRFs for any previously recorded sites and resources found within the project area shall be monitored and updated as needed.

6. All cultural resources, including those previously left Unevaluated, found within the direct area of potential effects (APE) must be evaluated for NRHP eligibility under all four criteria and discussed with respect to the seven aspects of integrity. This must include a reasonable rationale and justification under NRHP criteria (36CFR60.4).

7. For historic properties where setting is identified as a contributing aspect of integrity, the visual effects of the undertaking on the historic property shall be assessed utilizing the processes outlined in Appendix C of the Wyoming BLM/SHPO State Protocol.

8. The contractor shall provide recommended treatment measures for avoiding or minimizing potential adverse effects to eligible properties that may result from implementation of the undertaking. The contractor shall describe any methods of treatment which could mitigate direct and/or indirect adverse effects on NRHP eligible properties.

IV. Government Supplied Property

The BLM, Newcastle Field Office shall supply successful applicant with maps and/or GIS .shp files (NAD

83) indicating the locations of project areas. The maps shall delineate land status.

V. Funding/Schedule

Work schedule and partial payment shall be divided into three phases.

Phase I Literature search/Field Work on or before

October 31, 2024 30% Partial Payment

Phase II Draft Report Submission on or before

January 24, 2025 30% Partial Payment

Phase III Final Report Submission on or before

February 28, 2025 40% Partial Payment

Performance Period: Award July 2024-February 2025

VI. Technical Requirements/Deliverables

1. Class III Inventory: The Contractor shall complete a professional Class III cultural resource inventory that meets the Wyoming State Historic Preservation Office Format, Guidelines, and Standards for Class II and III Reports for the project area.

a. The Contractor shall follow all the general requirements listed above.

b. The Contractor shall conduct a file search through the automated WyoTrack program administered by the Cultural Records Office of the Wyoming State Historic Preservation Office in Laramie, Wyoming, prior to conducting the field inventory for any given parcel.

The files search will list all previous Class III inventories and cultural resource sites and isolates within the complete section(s) in which the project areas are located. The results of the files search shall be documented in the inventory report. The records search shall also include GLO maps, homestead records, and other historical documents and information pertinent to the survey parcels.

c. The Contractor shall record all historic and prehistoric cultural resources using the definitions laid out in the Wyoming State Historic Preservation Offices Wyoming Resource Definitions and Recording Guidelines.

d. All sites shall be recorded using the Wyoming Cultural Properties Form and isolated resources shall be documented using the Wyoming Isolated Resource Form utilizing the WyoTrack system. Previously recorded sites not recorded on a Wyoming Cultural Properties Form will be recorded on a new Wyoming Cultural Properties form utilizing the WyoTrack system.

e. If cultural resources are identified during the inventory that extend outside the defined inventory area it will be necessary to investigate the full extent of the site on lands administered by the BLM for the purpose of site evaluation. Any exception (e.g., unusually lengthy linear sites such as railroad grades) shall be discussed with and approved by the COR. If the boundaries of cultural sites extend onto non-federal lands, the contractor shall, without physically entering the non-federal lands, make a good-faith effort to estimate the extant of the site boundary. The contractor shall make it clear on the site records and site map that, under those circumstances, site boundaries have not been fully verified. Exceptions may be made where the proposed project may extend to non-federal lands and where permission has been obtained in advance from the non-federal landowners to identify and record cultural properties on the non-federal lands.

f. All sites shall be evaluated as to eligibility for listing on the National Register of Historic Places. Subsurface probing or minor testing will be necessary to identify subsurface remains on any cultural resource site encountered during the survey and as needed to determine the National Register eligibility of any cultural resource site and to assess the effects of the proposed activities. All locations of probing and testing shall be mapped with GPS.

g. Auger probes and/or shovel testing shall be completed to determine the presence or absence of subsurface cultural components, and if present, the component’s vertical and horizontal extent. Where subsurface cultural materials are identified, auger/shovel tests shall be spaced no more than 10 meters apart with additional test probes placed at five-meter intervals in each of the cardinal directions surrounding any isolated positive tests. The contractor shall not perform any subsurface testing or excavation inside of stone features (e.g., stone circles, effigies, cairns, eagle traps, medicine wheels, etc.)

without first consulting with the COR and High Plains District fire/fuels archaeologist.

There will be no subsurface testing of suspected or confirmed burial sites.

h. Collection of archaeological resources is discouraged. The collection of archaeological resources on BLM Wyoming lands shall not be collected without consulting with the COR and High Plains District fire/fuels archaeologist. Collection of archaeological resources on private property shall not occur. Cultural resource use permittees working on BLM Wyoming lands are no longer required to collect any artifacts from BLM surface or from subsurface tests as part of their standard permit conditions. Artifacts located during shovel testing should be re-buried in the backfill of the shovel test(s) unless otherwise instructed by the COR and High Plains District fire/fuels archaeologist. If there is “an imminent threat of loss or destruction” the contractor must contact the COR and High Plains District fire/fuels archaeologist prior to collecting any archaeological resources (either surface or subsurface). (Per IM-WY-2023-015).

i. All collected artifacts shall be mapped with GPS. All collected artifacts shall be curated with the University of Wyoming Archaeological Repository (UWAR). Large-sized historical artifacts that provide chronological dating, such as vehicles or cast-iron stoves, shall not be collected. Small-sized historical artifacts that provide chronological dating information shall not be collected unless they are a rare artifact or there is a high probability of unauthorized collection. Photographs and/or drawings shall be made that show the chronological information on all historic artifacts that are not collected, such as bottle bases, Makers’ marks, patent numbers, and other information. No artifacts shall be collected from private lands. No other artifact types shall be collected unless authorized by the COR and High Plains District fire/fuels archaeologist.

j. All diagnostic artifacts and all features located on each site and/or isolated resource shall be individually mapped by GPS. Sketch maps generated from GIS maps shall be prepared for all sites and for all isolated resources that have multiple artifacts.

2. Deliverables: All correspondence and reports shall be delivered to the Contracting Officer’s

Representative and Technical Specialist Contact for Cultural Resources for review and acceptance. The contractor shall notify the COR and Technical Specialist Contact before commencing fieldwork and provide a summary of findings when fieldwork is completed. The summary of findings shall include GIS data that indicates the spatial locations/boundaries for newly recorded, updated, or evaluated sites and isolated finds. In addition, the contractor will supply the COR and Technical Specialist a spreadsheet or table indicating the preliminary recommended eligibilities for the newly recorded, updated or evaluated sites. This information will be considered preliminary in nature and will only be used for preliminary planning purposes.

It is understood that the final GIS spatial data and site eligibility recommendations may change once the draft report is submitted.

a. Draft Report: One digital (electronic) copy in Microsoft Word or PDF files of the draft report and associated WYCPF and WYIRF forms shall be submitted to the BLM COR. The BLM shall be allowed 15 working days for review. The contractor shall make revisions and prepare the final report in accordance with BLM recommendations.

b. Final Report: One printed copy of the final report and associated WYCPFs and WYIRFs with color maps and photographs shall be submitted to the BLM-Buffalo Field Office. In addition, the Contractor shall provide an electronic copy of the final report and a complete set of all photograph digital files, a photograph catalog, and GPS and GIS data on a media device to the BLM-Buffalo Field Office. Copies of all artifact catalog sheets sent to the UWAR shall also be provided to the BLM-Buffalo Field Office or included as an appendix in the report. The final report, WYCPFs and WYIRFs, associated GIS information, and associated photographs and maps shall also be submitted in electronic format via WyoTrack as supporting documents to the investigation. Wyotrack files must follow the formats outlined in the WyoTrack User Manual and the WyoTrack GIS Data User Manual available under the WyoTrack-Getting Started tab. The COR will have seven working days from receipt to review the final report, associated documents and data submitted by the contractor. At the end of the seven working day review period, the COR will accept or reject with comments if it is found there are missing items in the final documents. The contractor will have one week to remedy any missing items.

VII. Other Requirements

Notifications:

The contractor shall notify the BLM at least two weeks (14 calendar days) before commencing fieldwork by email and/or phone call to the Contracting Officer’s Representative (COR) and the Technical Specialist Contact for Cultural Resources. Additionally, at least 10 calendar days prior to beginning any fieldwork, the contractor shall use the SHPO’s automated WyoTrack web-application to submit fieldwork authorization requests to BLM - Newcastle Field Office. The contractor may begin fieldwork immediately upon BLM approval of the fieldwork authorization request in WyoTrack.

The contractor shall also notify the COR when fieldwork is completed by email and/or phone call;

notification shall communicate a brief synthesis of preliminary findings. An email notification shall also be sent to the COR and Technical Specialist Contact for Cultural Resources when the final report is digitally submitted, and the hard-copy report is physically mailed to the BLM.

The contractor must notify the COR and the Technical Specialist Contact for Cultural Resources, by telephone and in writing, immediately upon the discovery of human remains, funerary objects, sacred objects, or objects of cultural patrimony (as defined in 43 CFR 10.2) and must immediately stop any activities connected with such discovery and make a reasonable effort to protect the discovered remains or objects.

VIII. Attachments

Maps of Project Area

53N 67W

52N 67W

53N 66W

52N 66W

¹ 0 1,000500 Meters

0 10.5 Miles

Legend

Previous Inventory

2024 Class III Survey Area

Surface Management

Bankhead Jones

Bureau of Indian Affairs

Bureau of Land Management

Bureau of Reclamation

Corps of Engineers

Department of Defense

Fish and Wildlife

Forest Service

National Grasslands

National Park Service

Other Federal

Private

State

State Parks

State Game and Fish

Water

Scale: 1:50,000

Area 1 Crook County

45N 60W45N 61W

44N 60W44N 61W

¹ 0 1,000500 Meters

0 10.5 Miles

Legend

Previous Inventory

2024 Class III Survey Area

Surface Management

Bankhead Jones

Bureau of Indian Affairs

Bureau of Land Management

Bureau of Reclamation

Corps of Engineers

Department of Defense

Fish and Wildlife

Forest Service

National Grasslands

National Park Service

Other Federal

Private

State

State Parks

State Game and Fish

Water

Scale: 1:50,000

Area 2 Weston County Salt Creek and Sherwood Project Areas

43N 60W43N 61W

42N 60W42N 61W

44N 60W44N 61W

¹ 0 1,000500 Meters

0 10.5 Miles

Legend

Previous Inventory

2024 Class III Survey Area

Surface Management

Bankhead Jones

Bureau of Indian Affairs

Bureau of Land Management

Bureau of Reclamation

Corps of Engineers

Department of Defense

Fish and Wildlife

Forest Service

National Grasslands

National Park Service

Other Federal

Private

State

State Parks

State Game and Fish

Water

Scale: 1:50,000

Area 2 Weston County Elk Mountain Project Areas

46N 63W

47N 63W

¹ 0 660330 Meters

0 0.50.25 Miles

Legend

Previous Inventory

2024 Class III Survey Area

Surface Management

Bankhead Jones

Bureau of Indian Affairs

Bureau of Land Management

Bureau of Reclamation

Corps of Engineers

Department of Defense

Fish and Wildlife

Forest Service

National Grasslands

National Park Service

Other Federal

Private

State

State Parks

State Game and Fish

Water

Scale: 1:24,000

Area 2 Weston County Skull Creek Project Area

47N 60W

¹ 0 660330 Meters

0 0.50.25 Miles

Legend

Previous Inventory

2024 Class III Survey Area

Surface Management

Bankhead Jones

Bureau of Indian Affairs

Bureau of Land Management

Bureau of Reclamation

Corps of Engineers

Department of Defense

Fish and Wildlife

Forest Service

National Grasslands

National Park Service

Other Federal

Private

State

State Parks

State Game and Fish

Water

Scale: 1:24,000

Area 2 Weston County Mallo Project Area

52N 61W 52N 60W

¹ 0 660330 Meters

0 0.50.25 Miles

Legend

Previous Inventory

2024 Class III Survey Area

Surface Management

Bankhead Jones

Bureau of Indian Affairs

Bureau of Land Management

Bureau of Reclamation

Corps of Engineers

Department of Defense

Fish and Wildlife

Forest Service

National Grasslands

National Park Service

Other Federal

Private

State

State Parks

State Game and Fish

Water

Scale: 1:24,000

Area 3 Crook County Project Area

Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

---Addendum to 52.212-4---

DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

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

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

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

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of Clause)

52.252-2 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):

Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

(End of clause)

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE

PROCESSING PLATFORM (IPP) (FEB 2021)

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:

Copy of contractor's original hard copy invoice. The contractract shall also submit an electronic copy of the IPP invoice to SEE EMAIL BOX BELOW once the invoice has been submitted to IPP. Failure to email the invoice may cause significant delays or possible rejection of your payment request.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) 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 IPPCustomerSupport@fiscal.treasury.gov 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 Contracting Officer with its proposal or quotation.

(End of Local Clause)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.201-1 ACQUISITION 360: VOLUNTARY SURVEY

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.242-15 STOP-WORK ORDER (AUG 1989)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

--- End of Addendum to 52.212-4---

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY

2024)

(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 Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(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.)

(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

[ ] (6) [Reserved].

[ ] (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

(10) 52.204–28, Fe[ ]deral Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.govinfo.gov/link/plaw/115/public/390

[ ] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(ii) Alternate[ ] I (Dec 2023) of 52.204–30.

[X] (12) 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).

[ ] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[ ] (14) [Reserved] [ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

[ ] (16) 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).

(17) [Reserve[ ]d]

[ ] (18) (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.

[ ] (19) (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.

[ ](20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

[ ] (21) (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

[ ] (22) (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.

[ ](23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637(a)(14))(Deviation OCT 2022).

[ ] (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C.

657f).

[X] (26) (i) 52.219-28, Post Award Small Business Program Representation (Feb 2024) (15 U.S.C.

632(a)(2)).

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

[ ] (27) 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)).

[ ] (28) 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)).

[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

[ ] (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

[X] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[ ] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024) (E.O.13126).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[X] (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

[ ] (35) (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] (36) (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.

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

[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

[X] (39) (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).

[ ] (40) 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 22.1803.)

[ ] (41) (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.)

[ ](42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

[ ](43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

[ ](44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

[ ](45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

[ ] (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) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

[ ] (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), 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 [Reserved].

[ ] (iii) Alternate II (Dec 2022) of 52.225-3.

[ ] (iv) Alternate III (NOV 2023) of 52.225-3.

[ ] (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[ ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (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. Subtitle A, Part V, Subpart G Note).

[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[X](55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

[ ] (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

[ ] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

[ ] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[ ] (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

[ ] (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ] (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

[ ] (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513

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

[ ] (iii) Alternate II (Nov 2021) 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 products and commercial services:

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

[X] (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).

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

[List as necessary]

[ ] (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) ( 29U.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).

[ ] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

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

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

(xxiii) 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. Subtitle A, Part V, Subpart G Note).

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

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

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247- 64.

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

(End of clause)

Contract Documents, Exhibits, or Attachments

Provisions

52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (SEP 2023)

---Addendum to 52.212-1---

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

(End of provision)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

DIAR 1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION -- DEPARTMENT OF

THE INTERIOR (APR 1984)

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:

(1) "Trade Secret" means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) "Confidential commercial or financial information" means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers "commercial and financial information obtained from a person and privileged or confidential," and exemption (9), which covers "geological and geophysical information, including maps, concerning wells."

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:

"The information specifically identified on pages ______ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract."

(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:

"This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal."

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.

(e) If a request under the Freedom of Information…