AG-5C16-S-09-0005[1] Body of Solicitation.rtf

AG-5C16-S-09-0005

Section B--Supplies or Services/Prices

(Pricing will be used for solicitation evaluation purposes only)

Line Items

Description

Unit 2009 Unit Price 2010 Unit Price 2011 Unit Price 2012 Unit Price 2013 Unit Price

Archival Research

Project

Curation

CU FT

Report Preparation

No Find Phase I Survey Report

Phase I Survey Report with 1 to 3 sites

Phase I Survey Report with 4 to 6 sites

Phase I Survey Report with 7 to 12 sites

Laboratory Analysis

Laboratory Analysis for 1 to 3 sites

Laboratory Analysis for 4 to 6 sites

Laboratory Analysis for 7 to 12 sites

Field Pedestrian Survey

Field Pedestrian Survey for 1 to 25 acres

Field Pedestrian Survey for 26 to 75 acres

Field Pedestrian Survey for 76 to 100+ acres

Acre

Field Shovel Test Survey

Field Shovel Test for 1 to 25 acres

Field Shovel Test for 26 to 75 acres

Field Shovel Test for 76 to 100+ acres

Other Tasks that may be required

Heavy Equipment/Deep Testing

Trench

One Disking

Two Diskings

Strip Plowing

Projected Totals

Note: For evaluation purposes, regardless if the unit of measure is Project, CU FT or Trench, the quantity for each item listed is One (1). Those items that have a unit of measure as "Acre" should be priced at a per acre price. To be considered for award, provide pricing for all line items in all time periods.

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 estimate of 3 orders, but not in excess of 20 orders collectively for work performed by one or more contractors collectively in an order period.

Section C--Description/Specifications

452.211-72 Statement of Work/Specifications (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications included in Section C.

Performance Work Statement

Purpose

The Natural Resources Conservation Service (NRCS) in Kentucky is seeking to establish an Indefinite Delivery/Indefinite Quantity (IDIQ) contract for the performance of cultural resources investigations on conservation easements for the Wetland Reserve Program, Grassland Reserve Program, and other Farm Bill programs. The NRCS will use the results of activities under this contract to satisfy a portion of compliance requirements under: 1) the National Historic Preservation Act of 1996 as amended; 2) the national Environmental Policy Act of 1969; 3) NRCS General Manual Chapter 420, Part 401-Archaeological and Historic Properties (Cultural Resources); and 4) related historic preservation requirements and procedures.

NRCS is seeking to establish an IDIQ contract for one (1) base period and four (4) potential 12 month option periods. The base period of this contract will begin at time of contract award which is approximately March 15, 2009. Following are the intended performance periods:

Base = Date of contract award to December 31, 2009 Option 1 = January 1, 2010 to December 31, 2010 Option 2 = January 1, 2011 to December 31, 2011 Option 3 = January 1, 2012 to December 31, 2012 Option 4 = January 1, 2013 to December 31, 2013

Multiple IDIQ contract awards are anticipated from this solicitation. The total estimated price range is $100,000 to $250,000 over the potential five year life of the contract(s) collectively. Work under this contract is subject to successful negotiation of each individual task order. There is a guaranteed minimum of $30,000 collectively, for work performed by one or more Contractors, in the base period. There is a guaranteed minimum of $10,000 collectively, for work performed by one or more Contractors, in any one option period. No one Contractor will be guaranteed the total minimum unless only one award is made. If multiple contract awards are made, Contractors will receive the portion of the guaranteed minimum according to the number of task orders completed by that Contractor. The estimated number of task orders to be issued in any time period is between 3 and 20. Award of any task order will be subject to availability of funds for each fiscal year.

The Contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to perform the work as defined in this Performance Work Statement (PWS). The Contractor shall perform to the standards of this contract.

Qualifications and Personnel Standards

The Contractor must provide a principal investigator who is listed in the Kentucky Heritage Council’s list: Archaeological Consultants Available for Cultural Resources Assessments in Kentucky. The principal investigator will be responsible for the performance of the work and the validity of the material presented in all investigation reports. In the event of a court challenge, the principal investigator may be called upon to testify on behalf of the government in support of his/her findings at Government expense, at established Government per diem rates for Kentucky as specified in the Federal Travel Regulations. The current per diem rates can be found at http://www.gsa.gov/travel.

The principal investigator will meet the minimum professional qualifications for the technical specialty, prehistoric archaeologist, as defined in paragraph 44738-44739 of the Secretary of Interior’s Standards and Guidelines published in the Code of Federal Regulations, 36 CFR Part 61. These qualifications can be found at the Kentucky Heritage Councils website (http://heritage.ky.gov/.htm" http://heritage.ky.gov/.htm). See tab Environmental Review, question “How is the Section 106 process initiated?” See the associated link under this question.

The principal investigator or alternate shall have the full authority to act for the contractor on all contract matters relating to daily operation of the contract.

The principal investigator or alternate shall be available by phone during normal duty hours to discuss any issues relating to the work required by the contract with the contracting officer.

All supervisory personnel and crew chiefs must meet the minimum professional qualifications standards established by the Secretary of Interior as published in the Code of Federal Regulations, 36 CFR Part 61.

All Contractor personnel shall carry identification indicating the company name and the employee’s relationship with the company.

The Contractor must provide or demonstrate access to the following capabilities:

Adequate field, laboratory, and data processing equipment necessary to conduct operations defined in the contract.

Adequate facilities for proper analysis, treatment, and storage of specimens and records likely to be obtained from a given project. This does not necessarily include such specialized facilities as pollen, geo-chemical, radiological laboratories, but does include facilities sufficient to properly preserve or stabilize specimens for subsequent analysis.

The Contractor shall be required to document their internal facilities or formal arrangements with other entities that allow for permanent curation of specimens when landowners permission is granted. Specific identification of facilities for permanent curation is required. Curation procedures described in the Kentucky SHPO’s Standards will be followed.

Location

Projects included under this contract(s) are located in Kentucky in a range of environmental settings. Sites will vary from level to hilly areas. The attached map shows the state divided into three (3) areas. This map is for illustration purposes only. The majority of the work under this contract(s) is anticipated to occur in Area One, with some work in Area 2 and minimal work in Area 3. This contract(s) is for services through out all areas in the Commonwealth of Kentucky and is not limited to any single Area of the state.

Objective and Products Required

The primary objective of this solicitation is to procure professional services for cultural resource compliance on projects located in Kentucky. The NRCS anticipates that this contract will provide the technical expertise required under Section 106 of the National Historic Preservation Act to make a recommendation of effect or no effect of federal undertakings on historic properties and/or pre-historic sites.

The product required of this solicitation is reports to the NRCS and the State Historic Preservation Office (SHPO) regarding recommendations for finding of effect or no effect for NRCS undertakings on specific projects in Kentucky.

Project Descriptions

Projects will be identified for the performance of cultural resources investigation on a defined tract of land where NRCS has purchased an easement for wetlands restoration, grassland restoration or other conservation programs to satisfy compliance requirements. The number of projects included under this contract is estimated to be between three (3) and twenty (20) for any given time period of the contract. The projects may be conducted in one county or multiple counties in the designated work areas in Kentucky. Each project will be identified as a task order against the contract.

Descriptions of conservation practices can be found at the web-site: http://www.nrcs.usda.gov/technical/efotg, in Section IIB. Only practices that are ground disturbing or potentially ground disturbing must be evaluated for effect under the contract. Some of the more commonly used practices that are ground disturbing include: diversions, grassed waterways, filter strips, dikes, water control structures, spring development and wetland restoration. See the online publication of the Field Office Technical Guide (eFOTG), Section IIB, “Kentucky Conservation Practice Matrix”, for a complete listing.

Although the project area encompasses entire fields or farms, the significantly disturbed areas of potential effect may be substantially less since ground disturbing practices are generally planned for no more than 20 percent of the total easement area. The remaining acreage is to be established to trees, cropped food plots or native grass except that areas in native wood vegetation will not be disturbed.

Wetland easements are generally hydric soils that have been classified as prior converted cropland or farmed wetland due to prior clearing of trees, installation of ditches, and alteration of natural hydrology to allow for the production of food crops. Other project areas are in grasses, crop fields or idle farm lands.

The wetland easement project sites may require disking prior to the commencement of field investigations or Phase I Surveys to provide at least 50 percent ground surface visibility. Project sites for other land uses may or may not require disking prior to investigation and evaluation.

Work to be Performed

The contractor will use archival and field methods to determine the number and kinds of cultural resources that may be affected by planned activities: NOTE: All work will be conducted in accordance with Specifications for Conducting Fieldwork and Preparing Cultural Resource Assessment Reports (issued by the Kentucky State Historical Preservation Office), Edition 2.5, updated August 2006.

Archival Review

The NRCS will submit project maps of the Area of Potential Effect (APE) for the contractor to review using the “Practice Description Form for Cultural Resources Review” (see Appendix B). The contactor will conduct an archival and environmental review of the project area to determine whether the APE is likely to contain cultural resources. This determination will be based on review of site files at the Office of State Archaeology combined with an assessment of the environmental resources in the APE. This review process will be conducted on selected NRCS projects in Kentucky.

Field Investigations (site visits)

In selected cases where archival and environmental research is inconclusive, the contractor will make a field visit to examine the APE. The visit may entail shovel testing to validate soil conditions, avoid previously recorded sites, or to determine the necessity of an intensive systematic Phase I survey. The pedestrian field survey will not be conducted until the project area(s) ground surface has been disked and is at least 50 percent free of vegetation or other ground cover; and the area has experienced rainfall. The Contactor will be responsible for securing the disking services to prepare the ground surface.

The Contractor will prepare for NRCS a brief report summarizing findings and providing a recommendation of determination of effect, if possible. The report will describe environmental conditions present, cultural materials found, and field procedures used to make the determination. A discussion of how environmental conditions and site file information contributed to field methods used in the determination of effect, will be included. Maps showing project location, shovel test locations, areas too wet for shovel testing. One or more color photos keyed to a project map will be included that assist in portraying the environmental setting of the APE. The recommendation can be one of the following:

Project will have no effect on cultural resources based on field visit findings combined with a review of known sites and environmental data.

Potentially significant cultural resources within a project area will be identified and a recommendation made. The contractor will transmit copies of the report to the NRCS Cultural Resources Specialist and to the Cultural Resource Coordinator for Kentucky.

The Contractor shall supply NRCS with sufficient documentation to enable the agency to make an informed determination of effect so that any reviewing parties can understand its basis. The documentation shall be in report format and shall include at a minimum the information described in 36 CFR 800.11(d) or (e), depending on the finding.

The Contractor shall submit an original and two (2) copies of the report for each project to NRCS. As part of the report the Contractor will provide NRCS with ArcView shape tiles of all sites identified as potentially eligible for listing to the National Register of Historic Places. The Contractor will provide NRCS with latitude and longitude coordinates sufficient to locate the site in the field.

All reports will be submitted to:

Phase I Surveys

Phase I surveys shall be performed in accordance with specifications for conducting fieldwork established by the Kentucky State Historic Preservation Office. The Contractor shall supply all needed personnel, materials, equipment, and machinery for trenching, if needed, to perform field investigations. The Contractor will provide a scientifically acceptable report that conforms to guidelines for preparing cultural resource assessment reports established by the Kentucky State Historic Preservation Office. The report will include documentation of any curation of artifacts discovered as a result of the Phase I survey.

The Contractor shall submit the original and two (2) copies of the final report to the NRCS for review. The Contractor shall be responsible for submitting to the Kentucky SHPO three (3) copies of the report for their review.

The report shall include at a minimum the information described in “Specifications for Conducting Fieldwork and Preparing Cultural Resource Assessment Reports” issued by the Kentucky State Historic Preservation Office. As part of the report, the Contractor will provide to NRCS ArcView shape tiles of all sites identified as potentially eligible for listing to the National Register of Historic Places. The Contractor will provide to NRCS longitude and latitude coordinates sufficient to locate the site in the field.

Unless otherwise directed, shovel test pits or exactions are to be backfilled and graded to match the surrounding land profile upon completion of the field investigation.

Bid Schedule Item Definitions

Archival Review. This refers to the archival and environmental review of the project area.

Field Pedestrian Survey. This refers to survey of areas with a ground surface that is at least 50 percent free of vegetation or other cover. The survey will not be undertaken before the project area(s) has been disked and has been rained upon.

Field Shovel Test Survey. This refers to survey of vegetated areas using screened shovel tests as specified in Kentucky State Historic Preservation Office Standards Version 2.4.

Laboratory Analysis. This includes all artifact preparation (washing, marking), analysis, and storage preparation.

Reports. Report preparation includes data collation, writing, drafting maps and illustrations, artifact photography, editing, copying, assembling, and corrections to the draft report. Reports will summarize findings and provide a recommendation of determination of effect, if possible. The report will describe the environmental conditions present, cultural materials found, and field procedures used to make the determination.

Curation. Curation fees will be based upon a federally approved museum facility fees and include transportation costs.

Disking. This cost includes disk harrow and operator rates per acre needed to prepare the ground surface in order to provide 50 percent ground surface visibility. The bid will be for a single pass.

Strip plowing. This cost includes equipment and operator rates per acre to plow 5 to 6 inch deep alternate strips not exceeding 20 m between strips in previously cultivated ground.

Mobilization and/or travel costs for the Contractor to perform work under the contract should be factored into the price submitted for each line item as applicable.

Quality Control

The contractor shall establish and maintain internal quality control measures, identify and prevent defects sufficient to ensure the requirements of the contract are delivered as specified.

The NRCS reserves the right to require the contractor to correct quality control deficiencies identified by the Government or its representatives.

NRCS Obligations

NRCS shall provide to the Contractor the scope of work for each project including a project description, documentation of any preliminary investigation of cultural resources already completed, site maps showing the location of the project and the anticipated area of potential effect, and the name of the local project coordinator.

NRCS shall specify the level of ground visibility anticipated at the time of the survey in each task order.

NRCS will issue a notice to proceed when field conditions are adequate for the Contractor to perform.

NRCS shall obtain Rights-of-Entry from the landowner and make arrangements for the site visits with the landowner. This shall be the responsibility of the Cultural Resource Specialist and the designated NRCS conservationist.

The NRCS will pay expenses, at established Government rates. The established Government rates for per diem in Kentucky will be the current rate identified by the Federal Travel Regulations at the time of the need for these services.

Contractor Obligations

Rights of Entry. Rights-of-Entry shall be obtained by the Government, and the Contractor will be advised as to arrangements previously made with the landowner(s). The contractor will assume all responsibility for and take all precautions to prevent damage to property entered. An ownership map will be provided to the contractor.

Human Skeletal Remains. If human skeletal remains are found during the course of the investigation, the contractor shall follow guidelines consistent with applicable Kentucky statutes and regulations, including KRS 72.020 and 901KAR 5:090.

Principal Investigator’s Responsibilities. The principal investigator will be responsible for the validity of the material presented in all investigation reports. In the event of controversy or court challenge, the principal investigator may be called upon to testify on behalf of the Government in support of his/her findings at Government expenses at established Government rates.

Safety. The contractor is required to perform work in accordance with all applicable U.S. Department of Labor Occupation Safety and Health Administration Standards, including taking necessary precautions to protect people and livestock from injury caused by falling into open pits.

Contacting the NRCS Service Center. The contractor shall contact the designated NRCS personnel prior to initiating fieldwork in order to inform him or her of the contractor’s proposed work schedule and operations. The NRCS personnel may meet the contractor on-site prior to commencing fieldwork for each project to identify ingress/egress routes and ensure that work areas are properly identified.

The Contractor will provide all labor, equipment (shovels, backhoe, etc.), facilities and supplies necessary to perform all work.

Schedule

The performance schedule for work under this contract will be identified in the scope of work issued with each task order. The contractor shall begin work no later than fourteen (14) days after the notice to proceed is issued. The effective date of the notice to proceed is the date the notice was postmarked.

The task order issued to a Contractor will contain the scope of work to be performed including the site location and documents provided by NRCS. A performance schedule will be attached to the task order specifying the due dates for the investigations, evaluations and reports to be completed and submitted.

Any additional project information will be sent to the Contractor as an attachment to the task order.

The Contractor will comply with the due dates prescribed in the performance schedule. In the event that adverse weather prevents the completion or initiation of fieldwork on any project, an extension may be granted by the NRCS Contracting Officer at the request of the Contractor. The extension will be in effect until field conditions improve sufficiently to allow for fieldwork.

The Contractor may request an extension from NRCS if they determine that there will be a delay in meeting the performance work schedule due dates. The Contractor shall apply for the extension in writing to the NRCS Contracting Officer. NRCS reserves the right to deny the extension and consider the missed deadline as default.

If the NRCS is unable to meet with the contractor concerning a project field visit within the allotted time frame, the NRCS will grant an extension that accounts for availability of the NRCS staff.

Data, Materials, and Publication

Title to all data recovered or generated under this work is vested in the Government. Access to data and associated records resulting from recovery and analysis activities will be restricted following the Department of Interior’s Guidelines for Restricting Information about Historic and Prehistoric Resources (National Register Bulletin 29). Cultural resources information gained will be used for official purposes and professional study.

Except for grave associated artifacts, all artifacts are the property of the landowner or the agency or group having jurisdiction over those lands. Recovered materials will be returned to the landowner after all necessary analysis has been completed. Should the landowner wish to donate the artifacts for curation, this must be in writing. The contractor shall notify NRCS prior to lab analysis of the extent and importance of the collection so that NRCS can notify the landowner and discuss the possible donation of the artifact collection to a qualified institution for curation.

To prove curation abilities, the contractor will be required to document their internal facilities or formal arrangements with other entities that allow for permanent curation of specimens. Specific identification of facilities for permanent curation is required. Procedures described in the SHPO’s standards will be followed.

Procedures for the issuance of individual task orders

If multiple IDIQ contracts are awarded, EACH Contractor will be given the opportunity to submit a bid for each individual investigation to be conducted. Award of each task order will be based on the Contractor offering the most favorable price and period of performance to NRCS. Each task order will be considered a competitive procurement.

If only one (1) IDIQ contract is awarded, the Contractor will submit a bid for each individual investigation and negotiations will be conducted prior to the issuance of a task order.

Payments

Payments will be made for each project upon acceptance of the final report by the SHPO and the NRCS. All payments will be made by electronic deposit to the contractor’s banking institution.

A partial payment, not to exceed 50 percent of the total payment, can be requested by the contractor at the completion of the field work. The partial payment request must include a summary report of the work completed.

Final Payment will be made when the SHPO accepts the report from the Contractor.

The Contractor will submit an itemized invoice to:

The invoice will include the following:

Name, title, phone number, and mailing address of responsible company official

All payments will be made by electronic fund transfer to the Contractor’s designated banking institution.

Section D--Packaging and Marking

There are no clauses in this section.

Section E--Inspection and Acceptance

52.246-4 Inspection of Services - Fixed-Price (AUG 1996)

452.246-70 Inspection and Acceptance (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the services to be provided under this contract.

(b) Inspection and acceptance of reports will be performed at: USDA-NRCS State Office Lexington, Kentucky

Section F--Deliveries or Performance

452.211-75 Effective Period of the Contract (FEB 1988)

The effective period of this contract is from date of contract award, estimated to be March 15, 2009 through December 31, 2009. There will be four (4) twelve (12) month option periods that may be exercised at the discretion of the NRCS. If all option periods are exercised the period of performance will extend to December 31, 2013.

Section G--Contract Administration Data

Payments

Payments will be made for each project upon acceptance of the final report by the SHPO and the NRCS. All payments will be made by electronic deposit to the contractor’s designated banking institution.

A partial payment, not to exceed 50 percent of the total payment, can be requested by the contractor at the completion of the field work. The partial payment request must include a summary report of the work completed.

Final Payment will be made when the SHPO accepts the report from the Contractor.

The Contractor will submit an itemized invoice to:

The invoice will include the following:

Name, title, phone number, and mailing address of responsible company official

All payments will be made by electronic fund transfer to the Contractor’s designated banking institution.

Section H--Special Contract Requirements

Only those contractors that are registered with the Central Contractors Register (CCR) will be considered for award. See Section K, clause 52.204-7 for instructions on how to register with CCR.

452.224-70 Confidentiality of Information (FEB 1988)

(a) Confidential information, as used in this clause, means -

(1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

452.237-74 Key Personnel (FEB 1988)

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

(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.

452.237-75 Restrictions Against Disclosure (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

Section I--Contract Clauses

52.202-1 Definitions (JUL 2004)

52.203-5 Covenant Against Contingent Fees (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-7 Anti-Kickback Procedures (JUL 1995)

52.203-13 Contractor Code of Business Ethics and Conduct (DEC 2008)

52.204-2 Security Requirements (AUG 1996)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEP 2006)

52.215-8 Order of Precedence-Uniform Contract Format (OCT 1997)

52.217-2 Cancellation Under Multi-year Contracts (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (JUN 2003)

52.219-8 Utilization of Small Business Concerns (MAY 2004)

52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation (JUL 2005)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-41 Service Contract Act of 1965 (NOV 2007)

52.223-6 Drug-Free Workplace (MAY 2001)

52.223-14 Toxic Chemical Release Reporting (AUG 2003)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.232-18 Availability of Funds (APR 1984)

52.233-1 Disputes (JUL 2002)

52.233-3 Protest after Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.243-1 Changes - Fixed-Price (AUG 1987)

52.249-4 Termination for Convenience of the Government (Services)(Short Form) (APR 1984)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

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 contract award, on or about March 15, 2009 through December 31, 2013.

(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 will be issued in hard copy form only.

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires services covered by this contract in an amount of less than $3,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those services under the contract.

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

(1) Any order in excess of $50,000.00;

(2) A series of orders from the same ordering office within 10 calendar days that together call for quantities exceeding the limitation in paragraph (b)(1).

(c) Notwithstanding paragraph (b) 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 10 days after issuance, with written notice stating the Contractor’s intent not to perform the services called for and the reasons. Upon receiving this notice, the Government may acquire the services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the services specified and effective for the period stated, in the Schedule. The 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 services specified in the Schedule.

(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.

(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 June 30, 2014.

Single or Multiple Awards (Oct 1995)

The Government may elect to award a single or multiple IDIQ contract(s) for the same services to two or more sources under this solicitation.

52.244-6 Subcontracts for Commercial Items (DEC 2008)

(a) Definitions. As used in this clause--

"Commercial item" has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

"Subcontract" includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non-developmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(iv) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212(a)).

(v) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

(vi) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). Flow down as required in accordance with paragraph (g) of FAR clause 52.222-39).

(vii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241 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 flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage Fringe Benefits

Administrative Support $15.57 $3.89

Anthropologist & Archeologists $28.36 $7.07

Technical Writer I $21.55 $5.39

Photographer I $13.29 $3.32

Cartographic Tech $21.55 $5.39

Archeological Tech I $14.97 $3.74

Archeological Tech II $16.76 $4.19

Archeological Tech III $21.55 $5.39

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 30 days; provided that the Government gives 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 5 years.

Section J--List of Documents, Exhibits and Other Attachments

Kentucky state area map Experience Questionnaire

Section K--Representations, Certifications, and Other Statements of Bidders 52.207-8 Annual Representations and Certifications (Jan 2006) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541620.

(2) The small business size standard is $6.5 Million average annual receipts for the offerors preceding 3 fiscal years.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) The clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies. (See Section L of the solicitation for this clause)

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (c) applies [ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation. .

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541620.

(2) The small business size standard is $6.5 million average annual receipts for an offerors preceding 3 fiscal years.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations.

(1) The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a women-owned small business concern.

(4) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.

(5) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(c) Definitions. As used in this provision— “Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that--

(a) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) It [ ] has, [ ] has not filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(Applicable if…