AG-447U-S-12-0037_Arch.pdf

AG-447U-S-12-0037 5/22/2012

Gemaa Pelch gpelch02@fs.fed.us 6/21//2012

(601)965-1671 3:00 PM

447U x 100

USDA Forest Service x Region 8, Acquisition Zone West 100 W. Capitol Street, Suite 1141 541720 Jackson, MS 39269 $19.0 m.

x x 7K11 447U

Kisatchie National Forest USDA-FS 2500 Shreveport HWY, Pineville, LA 71360 100 W. Capitol ST, STE 1141, Jackson, MS 39269

CSC-FS

USDA-FS

P.O. Box 66527 St. Louis, MO 63166 fs.66527@stl.usda.gov

, EMAIL & FAX:

x

1 PBSC for Archaeological Survey and and Site Evaluation Services – Base Year 1 Acre $_______ $__________

Option Period 1 - 9/1/2013 through 8/31/2014 1 Acre $_______ $__________

Option Period 2 - 9/1/2014 through 8/31/2015 1 Acre $_______ $__________

Option Period 3 - 9/1/2015 through 8/31/2016 1 Acre $_______ $__________

Option Period 4 - 9/1/2016 through 8/31/2017 1 Acre $_______ $__________ x 2

Kisatchie National Forest AG-447U-S-12-0037 PBSC for Archaeological Survey and Site Evaluation Services PAGE 2 of 36

GENERAL INFORMATION

OFFERORS SHALL BE REGISTERED IN THE CENTRAL CONTRACTOR REGISTRATION (CCR) (www.ccr.gov) AND ONLINE REPRESENTATIONS AND CERTIFICATIONS (ORCA) (https://orca.bpn.gov/) DATABASES TO RECEIVE AN

AWARD.

OFFERS THAT DO NOT INCLUDE A TECHNICAL AND BUSINESS PROPOSAL WILL NOT BE CONSIDERED FOR AWARD. Refer to AGAR 452.215-71 INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL AND BUSINESS PROPOSALS (SEP 1999), Page 22.

SCOPE

The contractor shall provide all personnel, supervision, equipment, tools, supplies, materials, transportation, facilities, incidentals, and expertise necessary to performance the cultural resource surveys, inventories, and evaluations on the Kisatchie National Forest. Work consists of professional archaeological services for inventories of cultural resources in support of the management of Forest resources.

Tasks include, but are not limited to, archaeological survey, site mapping, site evaluation, artifact analysis, collections management, cultural resource recording, prehistoric and historic synthesis, cultural resource management plans, report preparation, documents written for the lay audience, global positioning system (GPS) data gathering, geographical information systems (GIS) mapping, digital image processing, scanning, digitizing, locating and marking archaeological sites located on national forest lands.

This is a request for proposals which will result in award of a firm-fixed-price, performance-based, indefinite-delivery, indefinite-quantity contract for a basic period of performance of September 1, 2012, through August 31, 2013, plus four one-year option periods.

Submission of an offer for the basic contract period constitutes an offer to perform in the option period(s), if exercised. The government anticipates making award to one offeror as a result of the solicitation. This project is set-aside 100% for small business.

Award will be made based on the best value to the government and can be made on initial offers.

CONTRACT CLAUSES

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items.

(APR 2012)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(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:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

PBSC for Archaeological Survey and Site Evaluation Services PAGE 3 of 36

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111- 117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved] _X_ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

_X_ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008)

(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103- 355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns

(Apr 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB

Program (Apr 2012) (15 U.S.C. 637(m)).

_X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

_X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

_X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (34) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008)

(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

PBSC for Archaeological Survey and Site Evaluation Services PAGE 4 of 36

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O.

13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Mar 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108- 286, 108-302, 109-53, 109-169, 109-283, 110-138, and Pub. L. 112-41).

__ (ii) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Mar 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (MAR 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and

10 U.S.C. 2631).

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]

_X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C.

251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

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

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements

(Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and

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

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

PBSC for Archaeological Survey and Site Evaluation Services PAGE 6 of 36

AGAR 452.209 – 71 Assurance Regarding Felony Conviction or Tax Delinquent Status For Corporate Applicants, Alternate 1 (Feb 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies.

Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 88)

This contract is a fixed price, indefinite-delivery, indefinite-quantity contract for a basic period of performance from September 1, 2012, through August 31, 2013, plus four, one-year option periods. Submission of an offer for the basic contract period constitutes an offer to perform in the Option Period(s), if exercised.

Period of Performance

Base Period - September 1, 2012, through August 31, 2013 Option Period 1 - September 1, 2013, through August 31, 2014 Option Period 2 - September 1, 2014, through August 31, 2015 Option Period 3 - September 1, 2015, through August 31, 2016 Option Period 4 - September 1, 2016, through August 31, 2017

52.216-18 ORDERING (OCT 95)

(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 August 31, 2013, for the base period and through the end date for any exercised option periods.

(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.

AUTHORIZED ORDERING OFFICIALS

All warranted Contracting Officers of the USDA Forest Service are authorized to place orders under this contract. The amount of any order shall not exceed the maximum order limitation shown elsewhere in this contract.

52.216-19 ORDER LIMITATIONS (OCT 95)

(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-

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(1) Any order for a single item in excess of $300,000.00 or;

(2) Any order for a combination of items in excess of $300,000.00 or;

(3) A series of orders from the same ordering office within 60 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 ten (10) 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.

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 December 31, 2015.

AGAR 452.216-73 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 $2,500.00, but not in excess of $1,000,000.00, over the life of the contract.

FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule.

FAR 52.217-9 Option To Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 Days; provided that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years.

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AGAR 452.228-71 Insurance Coverage. (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

FAR 52.232-18 Availability of Funds. (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

AGAR 452.237-74 - Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

Principal Investigator Project Archaeologist Field Director Lab Director

(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.

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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:

https://www.acquisition.gov/far/index.html http://www.usda.gov/procurement/policy/agar.html http://fsweb.wo.fs.fed.us/aqm/newweb/fsar/index.shtml

FAR 52.204-7 Central Contractor Registration. (Apr 2008) FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (DEC 2007) FAR 52.227-17 Rights in Data—Special Works. (Dec 2007) FAR 52.236-7 Permits and Responsibilities. (NOV 1991) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1994) AGAR 452.236-73 Archaeological or Historic Sites (FEB 1988) AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) AGAR 452.236-76 Samples and Certificates (FEB 1988) AGAR 452.236-77 Emergency Response. (NOV 1996) FAR 52.245-1 Government Property, ALT 1 (JUN 2007) FAR 52.245-9 Use and Charges (JUN 2007)

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

Performance Based Service Contract for Archaeological Survey and Site Evaluation Services

Kisatchie National Forest

SECTION I: GENERAL REQUIREMENTS

A. INTRODUCTION

Background. The mission of the USDA Forest Service is to sustain the health, diversity, and productivity of the Nation’s forests and grasslands to meet the needs of present and future generations. Under the President’s Healthy Forest Initiative and Healthy Forest Restoration Act, the Forest Service is directed to prevent disease, improve wildlife habitat, reduce hazardous fuels and prevent catastrophic wildfires by thinning, burning or removing some wood products to improve a forest’s health.

Cultural resources surveys or inventories are needed on a recurring basis to determine the presence of archaeological and other cultural resources within the administrative boundaries of the Kisatchie National Forest and with recommendations made concerning their eligibility for listing in National Register of Historic Places.

Scope. The contractor shall provide all personnel, supervision, equipment, tools, supplies, materials, transportation, facilities, incidentals, and expertise necessary to performance the cultural resource surveys, inventories, and evaluations on the Kisatchie National Forest. Work consists of professional archaeological services for inventories of cultural resources in support of the management of Forest resources. Tasks include, but are not limited to, archaeological survey, site mapping, site evaluation, artifact analysis, collections management, cultural resource recording, prehistoric and historic synthesis, cultural resource management plans, report preparation, documents written for the lay audience, global positioning system (GPS) data gathering, geographical information systems (GIS) mapping, digital image processing, scanning, digitizing, locating and marking archaeological sites located on national forest lands.

Authority. The investigations to be conducted under this scope are initiated and influenced by a number of Federal requirements. These requirements include, but are not limited to the National Historic Preservation Act; the National Environmental Policy Act; the Archeological Resources Protection Act; the Native American Graves Protection and Repatriation Act; the USDA Forest Service Programmatic Agreement between the Kisatchie National Forest, the Advisory Council on Historic Preservation, the Louisiana State Historic Preservation Office, and Tribes.

PBSC for Archaeological Survey and Site Evaluation Services PAGE 10 of 36

Location. Work will occur within the boundaries of the Kisatchie National Forest in Louisiana. Specific work locations and maps will be supplied with each task order.

Task Order Performance Time. All task orders issued will include contract delivery or performance schedule in terms of specific calendar dates or contract time for completion. To facilitate timely inspections, the contractor shall inform the Government of the proposed operation schedule. The contractor shall notify the Government of schedule changes.

Performance periods for task orders may run concurrently.

Documentation. The contractor is required to maintain a Work Plan and Schedule, Quality Control Plan, and Safety Plan acceptable to the Government throughout the life of this contract.

Identification of Contract Personnel And Vehicles. Contractor personnel shall wear protective clothing while working on national forest lands including a bright orange safety vest or similar clothing during hunting season. While on national forest lands contractor vehicles shall be clearly marked with distinctive signs or plaques identifying the name of the company. During fieldwork contractor personnel shall check in with the district office and the COR each week and give their intended work location and number of personnel and shall provide the Forest Service with emergency telephone numbers.

Inspection and Testing. The contractor shall make available to the Government any records, materials, and other evidence regarding inspection, testing, and quality control for any work performed under this contract for examination, audit, or reproduction. This requirement also applies to any subcontracts under this contract. The Contractor shall notify subcontractors appropriately and insert this requirement in all subcontracts under this contract.

SECTION II: DEFINITIONS

A. Standard Definitions.

Acceptable Quality Level (AQL): The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a contractor to knowingly offer defective service but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

Defective Service: A unit of service which contains one or more defects or nonconformance with specified requirements.

Performance Standards: Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

Quality Assurance. Those actions taken by the Government to assure services meet the requirements of the Performance work Statement (PWS).

Contracting Officer: The Contracting Officer (CO) has overall responsibility for the administration of the contract and for overseeing the overall performance of the contractor.

Contracting Officer’s Representative (COR): A Government employee appointed by the CO to help the CO with contract administration. This person may also be responsible for surveillance of contractor performance.

Government Inspector: A Government employee responsible for surveillance of contractor performance.

Quality Assurance Surveillance Plan (QASP): An organized written document used for quality assurance surveillance. The document contains specific methods to perform surveillance of the contractor.

Quality Control Plan: Those actions that will be taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

Random Sampling. A sampling method in which each service output in a lot has an equal chance of being selected.

PBSC for Archaeological Survey and Site Evaluation Services PAGE 11 of 36

Sample. A sample consists of one or more service outputs drawn from a lot. The number of outputs in the sample is the sample size.

Sampling Guide. The part of the surveillance plan which contains all the information needed to perform a random sample.

Business Day: A business day is defined as a day which falls between Monday through Friday excluding Federal Holidays.

B. Technical Definitions Peculiar to this Performance Work Statement

Archaeological Inventory/Survey. For the purposes of this contract an archaeological pedestrian survey is defined as the systematic, intensive inspection of the land surface and subsurface inspection techniques.

Application of Site Predictive Model. Previous archaeological surveys on the Kisatchie National Forest have indicated that a patterned relationship exists between archaeological site location, relative topography, soil drainage characteristics, and available water sources. The project areas will be divided into two site probability zones: High Site Probability and Low Site Probability. Recent evaluations of archaeological site probability zones in the Kisatchie National Forest indicate that efficient and effective intensive survey can be conducted using the following site potential definitions to structure survey coverage intensity.

Site Definition. A site is defined as a locus of purposeful prehistoric or historic human activity. An activity is considered to have been purposeful if it resulted in a deposit of cultural material beyond the level of one or a few accidentally lost artifacts. Loci of human activity not classifiable as sites by this definition should be considered and recorded as isolated occurrences. Historic landscape features, including agricultural terraces, rock piles, and old road beds, are generally not considered sites.

Deviations in Site Definition. These criteria may be modified, where appropriate, based on a professional archaeologist's judgment, and with the prior approval of the COR. Any deviation from the standard definition should be discussed in the resulting cultural resource report. As a general rule, site designations are reserved in the case of historic remains for those at least 50 years old.

SECTION III: GOVERNMENT-FURNISHED PROPERTY/SERVICES/DATA

The Government will make the following property, services or data available to the contractor. The contractor shall be liable for any loss of or damage to such Government-furnished property until completion and final acceptance of work for each task order required under this contract. The contractor shall maintain confidentiality and security of site-specific information.

Copies of agency administrative maps as needed.

Use of copies of aerial photos of project areas, if available.

Aerial photo overlays displaying the survey unit boundaries, if available.

Access to cultural resource data files and pre-field research materials (in the Agency office).

Existing documentation on sites in project area to be monitored by the contractor. This documentation shall be kept secure and confidential.

PBSC for Archaeological Survey and Site Evaluation Services PAGE 12 of 36

SECTION IV: CONTRACTOR FURNISHED CRITICAL ITEMS/SERVICES

A. Personnel.

The contractor shall assign to this contract key personnel who meet the minimum criteria established in the Louisiana Standards and Guidelines for Archaeological Investigations found at http://doa.louisiana.gov/osr/lac/books.htm. Key Personnel include Principal Investigator, Project Archaeologist, Field Director, and Lab Director. See AGAR 452.237-74 - Key Personnel (FEB 1988).

Principle Investigator/Contract Manager. The contractor shall provide a contract manager or “Principle Investigator” who shall be responsible for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the manager is absent shall be designated in writing to the Contracting Officer (CO). The contract manager or alternate shall have full authority to act for the contractor on all contractual matters relating to daily operations.

Contractor manager or alternate shall be available to meet on the National Forest with Government personnel designated by the CO when required.

Substitutions. During the performance of the contract, the Contractor shall make no substitutions of key personnel without prior approval of the COR. Proposed substitutions shall include curriculum vitae in support of their academic qualifications and experience. Substitutes should have comparable qualifications to those of the persons being replaced.

The Contracting Officer’s Representative will notify the contractor within 15 calendar days after receipt of all required information of the decision on substitutions.

B. Report Production. Reports shall follow the format and content specified in the Louisiana Standards and Guidelines for Archaeological Investigations (http://www.crt.state.la.us/archaeology/review/IntroReport.aspx). For matters of style the Contractor shall consult the Society for American Archaeology Journal Style Guide (http://www.saa.org/AbouttheSociety/Publications/StyleGuide/tabid/984/Default.aspx).

C. Draft reports requiring extensive proofreading or lacking the minimum content required by the state standards and guidelines and this PWS will be returned to the contractor as unacceptable. Payment for the draft report shall not be processed until an acceptable document is received. The contractor shall address all comments and concerns provided in writing by the Forest Service in the final report. Revised draft reports may be required if substantial revisions are required as a result of the review of the draft report.

1. Site Descriptions.

List the number of shovel test units Note how many were positive Note if artifacts from shovel tests (STs) are stratified, e.g., is there vertical segregation within the unit If there is stratification? How much or how deep?

If identified, list components identified within the site.

Use type names for artifacts, particularly ceramics.

When possible, include phase identification for prehistoric sites.

If unfamiliar with types from a particular area, find sources or people to help identify types.

Can site function be determined? Is it part of a larger complex?

Is the site redundant, e.g., are there many sites of this particular type already protected.

Does the site have good integrity – A site can be disturbed in the upper level but still have integrity in the lower levels.

When making National Register eligibility recommendations, be specific about the research value of a particular site.

Example: The site contains extensive pre-ceramic Archaic and Coles Creek material in undisturbed C-Horizon contexts that can provide significant information on the adaptive strategies, settlement and mobility patterns, subsistence practices, and social organization of this long span of prehistory.

2. Historic Maps and Plats. To aid in the illustration of historic sites, roads, and other cultural features the contractor should make use of overlays of historic and modern maps. Overlays may include historic plats, soil survey

PBSC for Archaeological Survey and Site Evaluation Services PAGE 13 of 36 maps, historic topographic maps or other historic maps.

3. Photographs. High quality color photographs or reproductions, or measured drawings, as appropriate, shall be provided which show details of features, profiles, artifacts, or other evidence of human occupation to aid in the understanding of the site and to assist in assessing National Register eligibility. The report shall include color photographs of a representative sample of diagnostic artifacts or other interesting artifacts.

4. Exhibits. The Contractor shall deliver to the Contracting Officer's Representative:

Project base maps with all sites and isolated finds on GIS generated maps at a scale not more than

1:24,000.

Maps with transects indicated for each stand inventoried.

An original and one copy of the Louisiana Site Record Form

(http://www.crt.state.la.us/archaeology/siteforms.aspx) with site sketch maps showing transects and shovel test. Site forms shall not be sent to the state site file manager.

CD or DVD with GPS point or polygon data for all sites.

Draft reports and Final reports.

CD or DVD with Final Report in PDF format.

5. Required Number of Report Copies. The draft report shall be submitted as nine unbound copies. The number of copies of any revised draft reports, when and if required, shall be determined by the COR. The contractor shall submit nine bound copies of the final report and the unbound, camera-ready original. An electronic copy of the final report in Portable Document File (PDF) file format shall be delivered to the Forest Service.

6. Binding. The report shall be bound in a durable cover; minimum 80 pound cover stock, with an identifying label on the face thereof. The paper shall be a high quality, acid free, minimum 24 lbs (90 g/m²) laser printer paper. Pages shall be printed on both the front and back faces. Project maps and photographic plates shall be produced in color.

7. Report Quality. The report will be returned to the contractor if there are editorial or typographic errors, reproduction or production flaws, format/content discrepancies or any other problems, which cause it to be of less than professional quality. Any additional costs to bring the report to acceptable quality shall be at the contractor’s own expense.

8. Copyright. The contractor agrees to indemnify the U.S. Government against any claim of copyright infringement which may result by reason of publications, by the U.S. Government, of material in any report pertaining to the contract work submitted by the contractor wherein any such previously printed material is not identified in the reports as copyrighted. The contractor agrees that no rights at common law or inequity shall be asserted, and no claims to copyright by statute shall be established by the contractor in any materials produced in the performance of this contract, and that all materials and deliverables become the property of the U.S. Government.

9. Confidential Nature of the Information. The contractor shall not divulge, and shall take all reasonable steps to ensure that no member of his staff or organization divulges, information on specific sites or their locations to any person other than a duly authorized representative of the Forest Service unless otherwise authorized in writing by the Forest Supervisor. All services, reports, documents and material required by this contract shall become the property of the Forest Service. The results of this research may be used for theses, dissertations, research projects, and publications subject to prior, written approval of the Forest Service. Only the Government can issue statements to the public regarding work under this contract.

D. Collections Management.

1. Disposition of Collections and other Investigation Documentation. All ancillary documents expressly associated with the conduct of this project, such as, but not limited to, field notes, maps, drawings, and photographs with negatives, shall become the property of the Forest Service along with the artifact collections. In accordance with 36 CFR 79.4, the contractor shall provide temporary storage and maintenance for all records and artifacts collected during the course of the field research.

PBSC for Archaeological Survey and Site Evaluation Services PAGE 14 of 36

2. Collections Treatment. All artifacts recovered from work performed under this contract shall be treated in accordance with the Louisiana Standards and Guidelines for Archaeological Investigations. The contractor shall provide for and bear all costs associated with the preparation of artifacts and records for permanent curation of all materials. The contractor is responsible for delivering the artifacts to the curation facility for permanent storage.

Curated materials shall be delivered to the Kisatchie National Forest.

3. Collections Information. Along with the final project invoice the contractor shall include a statement that all artifacts and notes have been delivered to and accepted by the Kisatchie National Forest Heritage Program Manager. The statement shall include the number of cubic feet of artifacts delivered and the number of linear feet of records delivered.

4. Dissemination of Data. The contractor may use the archaeological data resulting from this survey for future research purposes. However, the contractor agrees to provide two copies of any manuscripts, reports, and publications pertaining to the survey to the Kisatchie National Forest Heritage Program Manager and to acknowledge that the Forest Service funded the work.

5. Quality Control Plan. The contractor shall prepare a Quality Control Plan pursuant to the requirements of the PWS. The Quality Control Plan sets forth the procedures and guidelines that the contractor shall use to assure that the work performed under the contract meets the requirements of the standards set forth for this contract. The Quality Control Plan shall include weekly progress reports identifying areas surveyed and heritage resources identified to date, and a final report relating how the Quality Control Plan was used to ensure satisfactory work accomplishments and performance under the PWS.

One copy of the contractor’s Quality control Plan shall be provided to the Contracting Officer’s Representative and updated copies provided as changes occur.

a. Content. The plan shall include the following:

1) Inspection System. An inspection system covering all the services specified in this scope of work. It must specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspections shall be accomplished, or the title of the individual(s) who shall perform the inspections.

2) Identification and Prevention. The methods for identifying and preventing defectives in the quality of service performed before performance becomes unacceptable.

3) Records.