20200429_20Q0111FinalSouthPlateauCulResInvSol.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 994906 56

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

12034320Q0111

DATE

04/29/20

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION Jeanne Windle

Email: norma.windle@usda.gov calls) 406-624-3760 LOCAL TIME

INFORMATION CALL: 05/14/20 4:00 p.m.LT

9. ISSUED BY CODE 10. THIS ACQUISITON IS UNRESTRICTED OR SET ASIDE: 100% FOR

USDA – Forest Service

Northern Region Acquisition

Management

3710 Fallon Street, Suite C

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONE SMALL SMALL BUSINESS PROGRAM

BUSINESS

Bozeman, MT 59718

Email Quotes to: norma.windle@usda.gov

EDWOSB NAICS: 541620

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD: $16.5 mill

SMALL BUSINESS 8(A)

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

See Delivery Schedule

16. ADMINISTERED BY CODE

Same as Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR ADDRESS CODE

DUNS No: ____________________________________________

Tax Identification No.: ___________________________________

CAGE Code (see FAR Provision 52.204-16) __________________ Email Address: _________________________________________

18a. PAYMENT WILL BE MADE BY CODE

All invoices will be processed using the Department of

Treasury’s Invoice Processing Platform (IPP), visit http://www.ipp.gov to learn more. Contractors must follow the instructions on how to register and submit invoices via

IPP.

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

South Plateau Cultural Resource Inventory

Custer Gallatin National Forest

Hebgen Lake Ranger District

Gallatin County, MT

PLEASE PLACE YOUR QUOTE IN

SCHEDULE OF ITEMS, page 3

FURNISHING QUOTATION: Complete Standard

Form 1449, Schedule of Items, Experience Questionnaire, Resumes of Key Personnel, Quality Control Plan and

Solicitation Provisions as your quote. Please return to the address shown in Block 9 via Email. Place “Solicitation

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COPY VIA EMAIL TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 mailto:norma.windle@usda.gov mailto:norma.windle@usda.gov http://www.ipp.gov/

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ___________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

PARTIAL FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

42a. RECEIVED BY (Print)

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42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

SERVICES AND PRICES

Hebgen Lake Ranger District

Custer Gallatin National Forest

Gallatin County, Montanan

Item Description Quantity Unit Unit Price

Total Amount

0001 Cultural Resource

Inventory

5,300 Acres

TOTAL

PRICE

Contractor’s Signature Date

Company Name (Please Print)

DUNS Number

STATEMENT OF WORK

I. Project Description and Background

The Custer Gallatin National Forest (CGNF) is proposing a cultural resource management project consisting of a Class III 100% level inventory of 5,300 acres of restoration units on

National Forest lands on the Hebgen Lake District of the CGNF, Montana within the 17,000 acre South Plateau Vegetation Restoration project area (Map 1 (J-3). A 5000 archaeological inventory was conducted north of this inventory area in 2019 within the 17, 000 acre restoration project area. The South Plateau Vegetation Restoration project is the top flagship project for the CGNF to accomplish to meet critical Eastern POD and Regional priorities. The purpose of the inventory is to locate, map and record all cultural resources found within the boundaries of the treatment units for this project.

II. Project Location

The project area is located in southern Gallatin County, west of the Yellowstone National Park, east of the Idaho state line, and south of the town of West Yellowstone. It is within the Hebgen

Lake Ranger District boundary. Map 1 (J-4) displays the project area. GIS data will be made available at the time of award.

III. Scope of Work

A. The Contractor shall perform an intensive (100%) pedestrian survey of identified units, employing appropriate survey methodology, and identify and evaluate all cultural resources within the those units. In addition, all previously recorded cultural resources will be relocated, site record updated, and evaluation made. There are at least 5 previously recorded sites within the project area.

B. The Contractor will first conduct a site file and literature search at the Montana State

Historic Preservation Office (SHPO) in Helena, Montana, and shall contact Zone Archaeologist

Connie Constan at the CGNF Supervisor Office for additional resources. The purpose of this file search is to ensure that the Contractor has reviewed all previous work conducted in the general area of the project and is familiar with the cultural and natural features of the project areas. This information will be a necessary component of the inventory report.

C. The Contractor shall employ CGNF criteria for minimum site definition; i.e. an archaeological or historical site consists of any feature alone or in association with other features (cairns, stone rings) or five or more artifacts situated in a discrete location within 50 meters of each other and/or artifacts or features located more than 100 meters from each other but in obvious association. Sites may also include locations which contain no physical evidence but are important for their association with the traditions of a group, ethnic community, or Indian Tribe; e.g., National Register Bulletin 38.

D. Formal site testing or limited shovel testing will not be conducted. If historic period architectural structures or remains are located the Contractor is expected to conduct a land title examination as part of the site identification and evaluation effort.

IV. Specifications and Requirements

The Contractor shall:

A. Conduct a 100% pedestrian inventory of identified units employing appropriate survey methodology (Map 2 (J-4)). Transect intervals will be 20 meters or less. Steep landforms, such as rock faces, talus/scree slopes, and cliffs, should be inspected for the possibility of cultural remains including but not limited to human burials, rock shelters/caves, buffalo kill sites, and rock art. Transect intervals may be widened in some instances provided a valid rationale for intensity of coverage is presented to the Forest Archaeologist. In all cases, coverage must be thorough enough to locate all surface visible sites.

B. Document and record all cultural resources from all surface and exposed indications on

Montana State Site forms and include sketch maps and USGS map locations. Record all isolated finds on the CGNF Cultural Isolated Find Form.

C. Establish and emplace a permanent datum for each site, and map the boundaries of the site area from the datum. No datum should be placed within road corridors where it could cause damage or harm to road users.

D. Collect and map all diagnostic artifacts, e.g. projectile points, ceramics. Include those found on sites and those occurring in isolation.

E. Locate each cultural resource site and isolated find on USGS 7.5 minute quadrangle topographic maps, and collect GPS site location.

F. Take at least two photographs of each cultural property. Standing historic structures shall be photographed on all sides to illustrate architectural features. Label all photos with the site number, description, orientation, and date. A photo record shall be maintained and submitted with the final report.

G. Prepare scale maps of all sites to include cultural features, in relation to each other, basic site contents, topographic contour lines, site boundary, all collected artifacts, and locations of all described cultural material relative to the datum. Use of digital maps zoomed in to show the site is not acceptable when the details of the maps are pixelated and no longer identifiable.

Only relative density of other lithic artifacts need be shown. All sites shall be mapped by GPS, and taped or paced in meters. When utilizing GPS technology, note the type of equipment and level of accuracy employed.

H. Relocate and photograph all previously recorded sites that may be within the project area and update the site forms. Record site condition on CGNF monitoring forms. Prepare new site maps, establish and place datum if one has not been previously placed on the site.

I. The Contractor shall obtain Smithsonian site numbers from the Montana State Historic

Preservation Office, Archaeological Records for all cultural sites recorded in this inventory and which have not been previously been assigned trinomial numbers. The CGNF will review all site forms for adequacy prior to Contractor submission to the Montana SHPO for site numbers.

V. Collections

Artifact collections shall be labeled and catalogued using the Bureau of Land Management’s

Billings Curation Center (BCC) catalog cards, and shall be processed in accordance with BCC packaging standards. All collections belong to the US Government and will be delivered to the

CGNF prior to submitting the final inventory report. The Contractor is responsible for all curation fees for permanent storage at BCC.

VI. Methodologies

The Contractor shall determine the methods and techniques necessary for completion of this project using the guidelines identified herein, discuss those methods and techniques in their bids, and conduct the work according to the procedures so specified. Survey methodology or proposed avoidance of certain areas needs to be addressed in the proposal and inventory report.

VII. Analysis and Report Preparation

Upon completion of the Class III inventory field work, the Contractor will prepare a professional quality report addressing the general categories outlined below.

1. Title Sheet. Signed by the Principal Investigator

2. Abstract. Provide a 250-word or less abstract of the report that outlines the report contents and refers to specific highlights from the narrative.

3. Table of Contents

4. Introduction. Provide an overview of the project including its purpose. Identify units inventoried, by legal description in table form.

5. Literature Search. Provide a brief but complete discussion on the work that has been conducted in the project area, including site and inventory file search results.

6. Environmental and Cultural Setting. Provide a brief but complete overview of the environment in which the survey units are located. Discuss the cultural setting including the pre-contact, contact, historic and ethnographic periods, integrating current archaeological and ethnographic literature and the literature search conducted under 5.

7. Research Design and Methodology. State the site inventory strategy. Describe research questions addressed. Define the site typology. Describe field methodology utilized.

8. Inventory Results. Provide a summary of each cultural resource recorded. Indicate results from preliminary evaluation and any problems connected with site recordation.

Include photographs of cultural resources located during the inventory. Illustrate and analyze cultural materials found. Summarize any observations on conditions of previously recorded sites recorded on Custer Gallatin site monitor form and update the

Montana State site forms. Use tables and graphics as appropriate. Include any changes in original objectives or strategy and major gaps in inventory data. Include observations of site location and/or absence of sites within the South Plateau project area.

9. Summary and Recommendations. Discuss the results of the inventory in summary form. Include the following:

a. Identify the sites recorded and monitored, whether the sites are Precontact, historic and/or ethnographic ,and site type

b. Evaluate each cultural resource for its eligibility to the National Register of

Historic places (NRHP) The Contractor shall use an appropriate “Context” in which to evaluate cultural properties and shall employ the National Register

Criteria in those evaluations. The Contractor shall clearly describe the rationale used to determine site eligibility.

c. Recommendations for further research and how to address data gaps.

10. References Cited.

11. Maps and Graphics. Provide appropriate maps, charts, tabulations and graphics necessary to support the report narrative. Maps, graphics, and photos in all copies of the reports must show the same degree of detail as the electronic images.

12. Appendices. A separate appendix with a list of all site locations, copies of all the site forms, site updates, and monitor forms will be provided but not bound in the report.

VIII. Acceptance.

Final acceptance of all items/services to be delivered under this contract shall be the responsibility of the Contracting Officer. The government may withhold final payment pending completion of any necessary rework by the Contractor.

IX. Deliverables (to be submitted to the CO and the COR)

1. The Contractor shall submit one draft copy of typed site forms with original photographs to the CGNF for review prior to submission to the Montana SHPO for issuance of site numbers. Site form maps should have both the location of the cultural resource described and the delineated unit plotted and labeled in black. After review and changes, if any, the

Contractor will obtain site numbers.

2. One copy of the Draft cultural inventory report. The Draft should be considered as a draft final report with all requirements, editing, and contents completed.

3. One set of draft inventory and site map labeled with quad name, scale and description of map, Contractor name and contract number.

4. Three (3) bound copied of the final cultural resource inventory report. The report shall be typed and printed on 8 ½ “x 11” paper single spaced, and double sided. The Montana

State Historic Preservation Office CRAB form identifying the report will be submitted with the final report.

5. Two sets of final site forms with Smithsonian site numbers with original black and white or color photos, and site updates forms.

6. One hard copy set of USGS 7.5 minute topographic maps showing the location of all cultural sites and isolated finds identified with the project area, and labeled with quad name, scale and description of map, contract number, and Contractor name.

7. One hard copy set of USGS 7.5 minute maps delineating units surveyed and labeled with the quad name, scale and description of map, contract number and Contractor name.

8. One set of labeled digital photographs taken during the survey and one copy of the photographic record. All digital photographs taken during the project will be labeled a described under IV.F and submitted on CD’s or jump drives containing these photos.

9. One copy of the field notes.

10. Two electronic copies (CD or thumb drive) of the report, site forms, photos, photo log, GIS data and associated metadata. GIS data should contain, at a minimum, shapefiles of unit boundaries, area surveyed, and site boundaries in NAD83. Confer with the Montana

SHPO for their current requirements prior to submission.

X. Period of Performance

Site file and literature search shall begin no later than 10 calendar days after the Notice to

Proceed has been issued and completed within those10 calendar days. (Estimated timeframe for completion between 06/22/20 through 7/11 /20 with buffered number of days.)

Fieldwork will be conducted upon completion of the site and literature search and will be completed within 30 calendar days. Field work must be initiated no later than 07/01/20, see

XIII. (Estimated timeframe for completion 8/10/20.)

Contractor shall submit a preliminary letter report describing the survey and sites recorded within 10 calendar days after the completion of field work. (Estimated timeframe for completion 8/20/20.)

Contractor shall submit one copy of the draft report, site forms, and one set of maps within 40 days after completion of field work. (Estimated timeframe for completion 9/19/20.)

Within 20 days after the receipt of the draft, the Contracting Officer and COR will meet with the Contractor to discuss the draft and any required changes or revisions. (Estimated timeframe for completion 10/09/20.)

The Contractor will submit the final report within 15 calendar days after the draft review meeting. (Estimated timeframe for completion 10/24/20 to allow for contract completion of

11/09/20.)

XI. Quality Control Plan

The Contractor will prepare a written Quality Control Plan (QCP) pursuant to the requirements of the Statement of Work (SOW) and include with their quote. This is not the same as the Quality Assurance Surveillance Plan prepared by the Government. The QCP sets forth in a narrative format the procedures, guidelines, personnel and documentation that the

Contractor will use to assure that the work performed under the contract meets the requirements of the standards set forth for this contract. The QCP will include weekly or session progress reports submitted to the COR or the COR’s technical advisors identifying areas surveyed and cultural resources identified to date, and a hard copy will be submitted with the draft site forms and related material and included with the final report documenting how the QCP was used to ensure satisfactory work accomplishments and performance under the SOW.

XII. Inspection and Acceptance

Inspection

Inspection in the form of review of all required reports will be performed by the CGNF Forest and Zone Archaeologists. All reports, data and documentation required by the contract will be submitted to the CGNF Forest Archaeologist who will recommend approval or disapproval for acceptance purposes to the Contracting Officer.

Acceptance

Final acceptance of all items / services to be delivered under this contract shall be the responsibility of the Contracting Officer. Quality of work and compliance with all aspects of this request for quotations shall be subject to verification by the CGNF Forest Archaeologist with final payment to be withheld pending completion of any necessary rework by the

Contractor.

XIII. Special Contract Requirements

Pre-work Conference

Prior to the start of the contract, a prework conference will be held. Location may be at either the CGNF Supervisor’s Office or via teleconferencing. The Contracting Officer will contract the Contractor with the time and date of the meeting. Discussions relative to contract requirements and the specific responsibilities of each part will be conducted at this time.

Confidentiality of Information

Specific site location data, which would allow location of cultural resource sites inventoried under this contract, shall not be released by the Contractor to anyone except the USFS and the

Montana SHPO Archaeological Site Record Administrator without written consent of the

USFS. This restriction is required to minimize vulnerability of cultural resource sites to vandalism.

Supervision

All fieldwork shall be conducted under the direct supervision of a Principal Investigator who meets the formal standards for "archaeologist" established in the Secretary's Standards and

Guidelines for Historic Preservation. The Contractor must hold a valid special use antiquities permit with the CGNF.

Project Initiation

Field work will be initiated no later than July 1, 2020 and will be completed as specified above. Please note the site file and literature search should be completed prior to this date, see

Section X above.

Contracting Officer’s Representative

Liaison and oversight for all aspects of this contract shall be with the CGNF Forest

Archaeologist and Zone Archaeologist. Forest Service officers may visit the Contractor in the field at any time during the field investigations and may be accompanied by appropriate State

Officials (e.g. Montana SHPO).

XIV. INVOICING & PAYMENTS

The contracting officer will authorize payments as follows:

1. Completion of 2020 fieldwork and summary letter, completion and receipt of copies of draft site forms, sketch maps, topographic maps, and all GIS data related to sites and survey progress, QCP, and raw GPS data if requested. Upon acceptance of work by Contracting

Officer’s Representative (within 30 days of receiving deliverables): 50% of contract price will be paid on receipt of an approved invoice in Invoice Payment Platform (IPP).

2. Completion of final draft report (delivery of all forms, photographs, maps, etc.) and upon acceptance of the work by the Contracting Officer’s Representative (within 3 weeks of receiving deliverables): 25% of contract price will be paid on receipt of an approved invoice in IPP.

3. Completion of three unbound copies of the final report, all corrected site forms, photographs, maps and GIS data in electronic/digital format, and final QCP and acceptance by the Contracting Officer’s Representative (within 2 weeks of receiving deliverables): The remaining 25% of the contract price will be paid on receipt of an approved invoice in IPP.

4. Contractor will be responsible for preparation and submission of the invoice to the IPP. It will contain the Contract Number, Vendor Identification Number, company name and address, and the specific line items that are being billed.

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions—Commercial Items

(Deviation 2017-1) (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any

Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727).

However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

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(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice;

and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see

52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by

33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the

Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the

Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the

Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2033_2.html#wp1079912 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031290 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031326

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the

Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the

Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work

Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

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(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts (SEPT 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see

7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

FAR 52.236-7 Permits and Responsibilities (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence.

The Contractor shall also be responsible for all materials delivered and work performed until http://www.biopreferred.gov/ http://www.sam.gov/ completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

FAR 52.242-15 Stop-Work Order (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the

Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree.

The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for

Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the

Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

FAR 52.246-1 Contractor Inspection Requirements (APR 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers’ parts.

This clause takes precedence over any Government inspection and testing required in the contract’s specifications, except for specialized inspections or tests specified to be performed solely by the

Government.

AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract is from June 22, 2020 through November 9, 2020. It is anticipated that field work should be accessible close to July 1, 2020. Pending conditions, the work might be started sooner.

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Principal Investigator and Crew Chiefs.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting

Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure

Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors will be enrolled automatically. Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

http://www.ipp.gov/

FAR 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 Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations

– http://www.dm.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.203-16 Preventing Personal Conflicts of Interest (Deviation) (APR 2018)

Deviation:

(e) Subcontract flowdown. The Contractor shall include the substance of this clause, including this parapragh (e), in subcontracts—

(1) That exceed $150,000 [the simplified acquisition threshold]; and

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders – Commercial Items (MAR 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

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

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

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

http://www.acquisition.gov/far http://www.dm.usda.gov/procurement/policy/agar.html…