b.final_solicitation.doc

ADDENDA SHEET

Cultural Resources IDIQ

OF

LOCAL TIME 4:30 PM

INFORMATION CALL

10. THIS ACQUISITION IS

FORMCHECKBOX

UNRESTRICTED

SET-ASIDE. _100_% FOR

FORMCHECKBOX

SEE SCHEDULE

Contracting East Acquisition Management Area Wallowa Whitman National Forest

FORMCHECKBOX

SMALL BUSINESS,

FORMCHECKBOX

HUBZONE SMALL BUSINESS

FORMCHECKBOX

13a. THIS CONTRACT IS A RATED ORDER

1550 Dewey Avenue, Suite A Baker City, Oregon

FORMCHECKBOX

8(A)

UNDER DPAS (15 CFR 700)

SOLE SOURCE

13b. RATING

RFQ

FORMCHECKBOX

IFB

FORMCHECKBOX

RFP

USDA Forest Service Umatilla and/or Wallowa Whitman National Forests Same as Block 9

FACILITY CODE

DUNS #____________________________

FORMCHECKBOX

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

IS CHECKED: FORMCHECKBOX

SEE ADDENDA

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

FORMCHECKBOX

27a. solicitation incorporates by reference FAR 52.212-1, 52.212-4. FAR 52.212-3 and 52.212-5 and Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

FORMCHECKBOX

27b. contract/purchase order incorporates by reference FAR 52.212-4. FAR 52.212-5 AND Addenda FORMCHECKBOX are FORMCHECKBOX are not attached.

28.

FORMCHECKBOX

FORMCHECKBOX

AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION (BLOCK 5), DATED (BLOCK 30c) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

Andrea Stanbro

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (Rev. 4/2002)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ( FAR (48 CFR) 53.212

Work may be performed on the Umatilla and Wallowa Whitman National Forests in the States of Oregon and Washington. In the counties of WA Adams; WA Asotin; WA Columbia; WA Ferry; WA Garfield; OR Baker; OR Union; OR Wallowa; OR Gilliam; OR Grant; OR Morrow; OR Umatilla; WA Walla Walla.

MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18 ORDERING, the Government shall place orders totaling a minimum of $2500.00, but not in excess of $990,000.00.

32a. QUANTITY IN COLUMN 21 HAS BEEN

FORMCHECKBOX

RECEIVED

FORMCHECKBOX

INSPECTED

FORMCHECKBOX

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________

32.g E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

FORMCHECKBOX

COMPLETE FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

FORMCHECKBOX

PARTIAL FORMCHECKBOX

FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 4/2002) BACK

DESCRIPTION OF SUPPLIES/SERVICES IDENTIFIED IN BLOCK 20

The Contractor shall supply all labor and materials necessary (except those listed as "Government-Furnished Property") to complete:

1.) an intensive heritage resource survey of areas identified within the Umatilla National Forest;

2.) determination of eligibility for selected historic and/or prehistoric sites;

3.) complete archaeological site monitoring and/or assessments for selected prehistoric and/or historic sites;

4.) complete nominations for National Register of Historic Places (NRHP) for selected sites;

5.) conduct site testing and data recovery for the purposes of scientific information and/or mitigation measures.

This work is being performed under authority of the National Environmental Policy Act and Section 106 of the National Historic Preservation Act of 1966, as amended.

OBJECTIVES FOR

1.) Intensive heritage resource survey

a. The objectives of the survey are to locate, identify, and document all cultural resources that can be detected from an aboveground inspection including those resources that are known or suspected to occur in the project area.

b. Identify sources of effect on cultural resources.

c. Recommend management strategies to avoid or mitigate those effects for all identified cultural resources.

d. Make recommendations for NRHP eligibility.

2.) Determining eligibility for selected historic and/or prehistoric sites

a. To evaluate whether the site is eligible for listing in the NRHP, considering existing Programmatic Agreements.

3.) Completing archaeological site monitoring and/or assessments for selected prehistoric and/or historic sites.

a. To determine existing or potential impacts to sites by proposed projects.

4.) Completing nominations for National Register of Historic Places (NRHP) for selected sites.

a. To fulfill US Forest Service obligation to nominate significant sites to the NRHP.

5.) Conducting archaeological site testing and data recovery

a. The objectives for archaeological site testing and excavation (data recovery) are to collect information from sites when they are threatened by project impact that cannot be mitigated by avoidance.

6.) Conducting historic and/or ethnographic contexts

a. The objectives are to develop a context from which historic properties can be evaluated and to determine possible effects or impacts from proposed projects.

To fulfill the objectives for the above, the contractor shall:

1.) Intensive heritage resource survey

a. Complete a file search of all materials pertinent to the project area (manuscripts, site records, Forest Service files, SHPO records, GLO and other Historic maps, etc.).

b. Conduct a pedestrian survey of those areas defined by the Umatilla National Forest, meeting the Umatilla National Forest inventory strategy (see List of Attachments) except for transect spacing, which will be no greater than 15 meters instead of 20 meters. If survey is being conducted on a different forest, that Forest’s standards will be followed

c. Accurate, descriptive field data obtained during the survey must be consistent with acceptable professional and Oregon and/or Washington State Historic Preservation Offices standards as appropriate.

d. All data will be recorded using resource grade GPS equipment (such as Trimble products).

e. All site data will be recorded and documented using the Forest Service IMobile application.

f. Representative photographs of features, artifacts and/or geologic features shall be taken and included in the report.

2.) Determining eligibility for selected historic and/or prehistoric sites

a. Complete a file search of all materials pertinent to the project area (manuscripts, site records, Forest Service files, SHPO records, GLO and other Historic maps, etc.).

b. Complete a site evaluation to gather data necessary for determining eligibility according to the Secretary of the Interior guidelines. Some testing may be required, but will not occur until authorized by the Forest.

c. All data will be recorded using resource grade GPS equipment (such as Trimble products).

d. All site data will be recorded and documented using the Forest Service IMobile application.

3.) Complete archaeological site monitoring and/or assessments for selected prehistoric and/or historic sites.

a. Complete a file search of all materials pertinent to the project area (manuscripts, site records, Forest Service files, SHPO records, GLO and other Historic maps, etc.).

b. Assess potential or existing impacts to monitored sites.

c. All data will be recorded using resource grade GPS equipment (such as Trimble products).

d. All site data will be recorded and documented using the Forest Service IMobile application.

e. Site forms will be updated as needed

4.) Complete nominations for National Register of Historic Places (NRHP) for selected site

a. Complete a file search of all materials pertinent to the project area (manuscripts, site records, Forest Service files, SHPO records, GLO and other Historic maps, etc.).

b. Complete nomination forms according to Secretary of Interior guidelines for submittal to the Oregon or Washington State Historic Preservation Office as appropriate.

c. All data will be recorded using resource grade GPS equipment.

d. All site data will be recorded and documented using the Forest Service IMobile application.

5.) Conduct archaeological site testing and data recovery

a. Complete a file search of all materials pertinent to the project area (manuscripts, site records, Forest Service files, SHPO records, GLO and other Historic maps, etc.).

b. Submit a testing and data recovery plan responsive to the need to recover from the site a useable sample of data. The plan will be reviewed by both the Forest Archaeologist and the appropriate SHPO.

c. All data will be recorded using survey grade GPS equipment (such as Trimble products).

d. All site data will be recorded and documented using the Forest Service IMobile application.

e. A report will be prepared that summarizes the data recovered from a site and includes a comparative analysis and synthesis of the recovered data.

f. For projects located in Oregon, the Lithic Scatter Programmatic Agreement will be included in the recovery plan.

g. The contractor will be responsible for obtaining all appropriate permits prior to any work being undertaken 6.) Complete historic and/or ethnographic contexts

a. Complete a search of all pertinent materials (historic documents, oral interviews, photographs, maps, SHPO records, archival material, etc.) that pertains to the subject and area.

b. Submit a narrative overview analyzing and summarizing the research topic for review by the Forest.

c. Submit final product incorporating information gathered from the above research.

AREAS SELECTED FOR FIELD SURVEY

The contractor shall conduct on the ground 100% coverage of all designated survey areas (usually high probability areas) within the project area. Except in unusual circumstances, such as topographical obstacles, a transect distance of no greater than 15 meters shall be maintained between surveyors.

Those areas designated as low probability areas will be sample surveyed at 5% as stated in the Umatilla Survey Strategy. The 5% will be for the most part selected by the contractor, however in some cases portions or all areas may be selected by the Forest Service.

COLLECTIONS

Thorough documentation will be done in the field. Any collections must be pre-approved in writing, in advance by the COR and the Forest or Assistant Forest or Zone Archaeologist, and may only be made if the collection is absolutely necessary to adequately assess the resource, and/or the artifact(s) are especially rare or highly diagnostic.

The Forest Service will be responsible for all necessary consultation with the State Historic Preservation Office(s) and appropriate Native American Tribes.

All artifacts will be curated in an official federal curation facility meeting 36 CFR 79 and the forest will be provided documentation to verify this curation.

For collection occurring in Oregon, the Lithic Scatter Programmatic Agreement will be included in the planning for the collection.

SITE DEFINITION

A site is defined as a locus (10 or more artifacts or one or more features) of purposeful prehistoric or historic activity. An activity is considered to have been purposeful if it resulted in a deposit of cultural materials beyond the level of one or a few accidentally lost artifacts as per the Umatilla National Forest Survey Strategy, and in Oregon, the Lithic Scatter Programmatic Agreement.

SITE RECORDING

All sites will be recorded using the IMobile application. After the data has been gathered, the Forest shall provide a draft copy of the National site form (either electronic and/or hard copy) to the contractor for review and editing as needed.

All locational site data will be recorded using GPS technology with resource grade equipment. A scale map at 1:24000 is required for each site. The map shall include (at a minimum) a legend, scale, and north arrow. A site sketch map is also required and will include a legend, scale, and north arrow and clearly illustrate the distribution and extent of cultural materials on the landscape. The location of all site data including unique and/or diagnostic artifacts, all historic and/or prehistoric features, all discrete artifact concentrations, and any definable activity loci shall be included on the site map. All artifacts, features, concentrations, and activity loci shown on the site map shall be well described in the site form. Assigned descriptors on the map will be explained in the legend to facilitate cross-referencing between the illustration and the text.

Cultural materials shall be described in a formal, replicable manner (e.g. an explicit definition of attributes used to place an artifact into one taxon or another must be specified in the report). It is important that the cultural materials being described be drawn and/or photographed (with a meaningful scale) well enough that reviewers and researchers will be able to assess the material and form their own opinion as to the form and function. In order to preserve the integrity of each site, artifacts are to be disturbed as little as possible during field analysis. As a general rule, no artifacts are to be collected unless pre-approved in writing by the COR and/or the Forest or Assistant Forest or Zone Archaeologist.

At a minimum, the description of a site in the physical description section of the site form and in the IMobile application must include:

1. A description of the relationship between the site and the natural landscape;

2. A description of the site type;

3. A description of the site size (maximum length and width);

4. A complete description of all diagnostic or unique artifacts, artifact concentrations or activity loci, features, and noted disturbances:

5. A complete description of the Datum and Datum location or a reason for not creating a datum (i.e., no datum tree available either in the site or near the site).

For prehistoric sites, the physical description needs to address the extent and distribution of lithic materials across the landscape, maximum and minimum lithic densities, varieties of tool stone, numbers and types of formal and informal tools noted, and the stages of tool stone reduction represented by the debitage. All formal and informal tools should be assigned unique descriptors (e.g. PP1- projectile point 1), described accurately and completely in the text, drawn and/or photographed, and their locations shown and keyed on the site sketch. For historic sites, the physical description needs to address the extent and distribution of all associated elements. For multi-component sites, each component should be described according the appropriate prehistoric and historic specifications (e.g. corral, trash concentration, as well as material types, dimensions, methods of construction). All of the above information is to be entered into the IMobile application.

To facilitate relocation of sites, each site will be accurately recorded using resource grade GPS technology and plotted on the appropriate 7.5 minute USGS quadrangle map. For most sites, the datum will consist of a selected tree marked with 6-8” wide orange paint band roughly four feet above the ground. An aluminum tag inscribed with a Forest Service site number assignment will be placed at the base of the tree on the north side. If there are no trees to serve as a datum, the use of a geologic feature is acceptable (such as a rock pile). If this is not feasible, it is acceptable to not create a datum as long as it is clearly documented that a datum was not created and sufficient detail is included in the site location to relocate the site. Site boundaries will be flagged with flagging supplied by the Forest Service. Flagging must be readily visible to prevent any subsequent activities from impacting the site. In addition, all site boundaries will be recorded using resource grade Global Positioning equipment.

In the event a site buffer is established, this will clearly be described on the site form and included in the data entered into the Imoble Application and in the archaeology report.

ELECTRONIC DATA COLLECTION REQUIREMENTS

1. Site locations will be collected in the field utilizing resource grade GPS units. Isolated finds will be recorded as a point, whereas sites must be recorded as a polygon. Raw and corrected GPS data files will be submitted to the Forest, including metadata on the type of GPS unit, accuracy, and differential correction. These files shall be provided on CD or DVD media.

2. All sites will be recorded using IMobile application (training will be provided by the Forest Service).

3. All survey boundaries will be recorded using resource grade GPS units.

4. All transects will be recorded using either resource or recreational grade GPS units.

5. In all cases, both raw and corrected GPS data will be provided to the Forest.

6. The Forest shall provide training on the IMobile application and GPS data collection standards for Forest provided equipment.

7. All digital photos (including those that are not submitted in the report) will be provided on CD or DVD media and should be clear.

Each site will be photographed. Photos should illustrate the physiographic and environmental situation of the site. Individual features and diagnostic artifacts or clusters of artifacts should be photographed as appropriate. If digital photos are taken, a camera with a minimum of 3 megapixels resolution shall be utilized. All photographs must be clear, regardless of equipment used.

PREVIOUSLY RECORDED SITES

All previously recorded sites to be revisited will be updated using the IMobile application. A noted change in condition, and/or modifications to previous site documentation needs to be included as well as new photographs.

ISOLATED OCCURANCES

Loci of human activity not classifiable as sites should be considered as isolated occurrences (or finds). When an isolated occurrence is found it shall be recorded using resource grade GPS technology and recorded using the IMobile application, and documented as appropriate for Isolated Finds (artifact type and frequency, basic environmental data, etc.).

REPORT

When the field work is complete, the contractor shall provide a draft report which describes the survey and results to the COR for Forest Service review. It must be accompanied by all completed site and isolate forms. The report shall conform to the appropriate State Historic Preservation Office reporting standards. Upon acceptance by the Forest Heritage Specialist, the final report will be submitted to the CO and will be forwarded by the Forest to the SHPO.

The Forest Service shall have a maximum of 30 days to review draft report and site forms. Contractor shall have a maximum of 15 days to re-submit edited report and site forms for final review. The Forest Service shall have 15 days to review the final report and site forms. Timeframes may be negotiated as needed.

PERSONNEL QUALIFICATIONS

· Principle Investigator: The minimum professional qualifications for the Principal Investigator are:

1) A graduate degree in anthropology with an archaeology emphasis,

2) Demonstrated ability to carry out research to completion as evidenced by timely completion of previous contracts undertaken within the past three years and no current contracts which are past their completion dates,

3) one year of full-time professional experience in archeological administration, research or management relevant to Northwest archeology,

4) Supervisory field and analytical experience,

5) Meet any current requirements of the State Historic Preservation Officer for a person functioning as a Principal Investigator.

· Field Supervisors/Crew Chiefs: A minimum of a bachelor's degree in anthropology, archeology, history or a closely related field with a minimum of six months general archeological field experience and three months of previous field archeological supervisory experience conducting similar work.

· Field or Laboratory Crew: Completion of or satisfactory progress toward a bachelor’s, degree in anthropology, archaeology, history or a closely related field, or six months previous experience in archeological field or laboratory work. (For example, completion of an archeological field school is considered satisfactory qualification for an initial position (first archaeological job) if that individual will be constantly supervised by a higher qualified individual).

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (MAY 2015)

(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.

(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, contract 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 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 contract 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.

(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

(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; 41 U.S.C. 4712 and 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.

(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) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(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.

(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.

(End of clause)

AGAR 42.215-73 POST AWARD CONFERENCE (NOV 1996)

(a) A post award conference with the successful offeror is required. It will be scheduled within days after the date of contract award. The conference will be held at: Pendleton Supervisor’ Office, Oregon unless otherwise changed by mutual agreement.

(b) Contractor designated representative or foreman (whomever the Contractor will have on the site) shall be present at the prework conference.

FAR 52.211-10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the required delivery date stated on each Task Order issued by the Government. The time stated for completion shall include final cleanup of the premises.

FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through September 1, 2021.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $100,000.00;

(2) Any order for a combination of items in excess of $100,000.00; or

(3) A series of orders from the same ordering office within 3 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after September 30, 2021.

(End of clause)

TASK ORDER ISSUANCE

Task orders shall be issued by a warranted Contracting Officer within the Blue Mountain Acquisition Management Area.

Task orders may be issued verbally, by facsimile, or by electronic commerce methods. Verbal task orders will be backed up by a written order.

FAR 52.216-22 SINGLE OR MULTIPLE AWARDS (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of provision)

SAFETY

Because the surveys will take place in a recently burned area, it will be necessary to address the risks associated with this situation, including, but not limited to falling snags; potential for re-burn in unburned areas; isolated “hot spots”, etc. The contractor shall submit a site specific safety plan with each awarded task order addresses specific safety issues.

LANDSCAPE PRESERVATION

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements.

a. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

b. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumens, calcium chloride, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Contracting Officer.

AGAR 452.236-72 USE OF PREMISES (NOV 1996)

a. Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a camp site or trailer parking area of any employee working on the project for the Contractor.

b. Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.

AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)

A. Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

B. Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

C. Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

A. Contractor's Responsibility for Fire Fighting

1. The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

2. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

B. Contractor's Responsibility for Notification in Case of Fire

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

C. Contractor's Responsibility for Responding to Emergencies

When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site or emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes clause, FAR 52.234-5.

NOTE:* Fire Protection Requirements The Contractor shall comply with the Fire Protection and Suppression (Eastside) Requirements, Form R6-FS-6300-52 (May 1989), which are attached hereto.

KEY PERSONNEL (AGAR 452.237-74) (FEB 1988)

(a) The Contractor shall assign to this contract those persons whose resumes, personnel data forms or personnel qualification statements were submitted as a requirement of the contract.