solicitation.doc

(B) CONTINUATION OF BLOCKS 19-24 FROM SF 1449

FY-09

Unit Price

FY-10

Unit Price

FY-11

Unit Price

FY-12

Unit Price

FY-13

Unit Price

FY-14

XX01

XX02

XX03

Archaeologist, Manager Archaeologist Technician, M.A. in Anthropology

Archaeologist Technician, B.A. in Anthropology

HR

HR

HR

See Attachment 1, Geographical Map

Attachment 1 represents a baseline of boundaries. Flexibility exists regarding definition of the areas.

I want to receive task order requests for:

___ All Areas Contractors shall respond to the task order request with a price proposal or the Contractor can indicate that no response will be provided.

___ Area 1, Northern

___ Area 2, Eastern

___ Area 3, Western

Notes:

Definition of Requirement

United States Department of Agriculture (USDA), Natural Resources Conservation Service, Wisconsin, requires performance of Cultural Resources Archaeological Site Assessments for Construction of Conservation Practices in Wisconsin.

This is a five year multiple award, indefinite delivery, indefinite quantity (IDIQ) contract, total small business set-aside.

Task orders shall be issued with funding and provide specific site locations and maps.

Contact information for the NRCS Cultural Resources Coordinator, field office Project Manager and Contracting Officer will be provided for each issued task order.

The typical period of performance for a task order is 30 days, inclusive of submittal of the final Archeological Survey Report.

Task orders will be issued as fixed price orders and shall be signed by a Contracting Officer.

Numbering of Item Numbers

The first two digits of the Item Number are the fiscal year. For example, during FY-09, Item Number XX01 is reflected as 0901. During FY-10, Item Number XX01 is reflected as 1001 and so on.

Periods of Performance

The period of performance for FY-09 is date of award through 9/30/09.

The period of performance for FY-10 is 10/1/09 award through 9/30/10.

The period of performance for FY-11 is 10/1/10 award through 9/30/11.

The period of performance for FY-12 is 10/1/11 award through 9/30/12.

The period of performance for FY-13 is 10/1/12 award through 9/30/13.

The period of performance for FY-14 is twelve months minus the amount of time under FY-09.

All task orders issued under this IDIQ shall be complete as of 9/30/2014.

No ceiling exists on this IDIQ contract.

(C) CONTRACT CLAUSES

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: www.arnet.gov/far

FEDERAL ACQUISITOIN REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER

TITLE

DATE

52.212-4 Contract Terms and Conditions – Commercial Items

MAR 2009

52.216-18 Ordering

Fill in: during the current exercised period

OCT 1995

52.216-22 Indefinite Quantity

Fill in: 9/30/2014

OCT 1995

52.217-8 Option to Extend Services

Fill in: 30 days prior to the end of the current exercised period

NOV 1999

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (MAR 2009)

(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).

__ (2) 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)).

__ (3) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (4) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (5) [Reserved]

_X_ (6)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (7)(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.

_X_ (8) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (9)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (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.

_X_ (10) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (11) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (12)(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.

__ (13) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (15) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_X_ (16) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

_X_ (17) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (18) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

_X_ (19) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (20) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (21) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (22) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

_X_ (23) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (24) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

_X_ (25) 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.)

__ (26)(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.)

__ (27) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (28)(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.

__ (29) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (30)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Feb 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (31) 52.225-5, Trade Agreements (Mar 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (32) 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).

__ (33) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (34) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (35) 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)).

__ (36) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (37) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (38) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

_X_ (39) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (40) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (41)(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:

_X_ (1) 52.222-41, Service Contract Act of 1965, as Amended (July 2005) (41 U.S.C. 351, et seq.).

_X_ (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.).

Employee Class Monetary Wage Archaeologist

$27.03 plus fringe benefits

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (May 1989) (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 (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(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.

(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 paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.219-8, 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 $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212).

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

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965, as Amended (July 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).

(vii) 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.

AGAR 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.

AGAR 452.236-73 ARCHAEOLOGICAL OR HISTORIC SITES (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

AGAR 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.

ORDERING

(a) Work sites are grouped geographically based upon three areas of Wisconsin, see Attachment 1, Geographical Map. Task order requests will be provided to all Contractors in accordance with the geographic areas marked or indicated on page 2, Section B.

If clarifications are needed for any task order requests, a meeting will be arranged by the Contracting Officer to allow Contractors to receive clarification responses.

Contractors shall respond to each task order request with a price proposal or the Contractor can indicate that no response will be provided. Upon Government acceptance of a Contractor’s response to a task order request, a task order will be issued.

(b) For all new task order requests, the Cultural Resources Coordinator (CRC) shall submit to procurement:

1. maps, specific site locations, other needed documentation for the project

2. period of performance of the task order

3. independent Government cost estimate

The CRC shall provide a written evaluation of the Contractor’s response, stating if the price proposal is appropriate for the requirements contained in the task order request before a task order is issued.

NO WORK SHALL BEGIN until a task order is issued for the project. The task order shall contain the appropriate accounting code(s) and Contracting Officer signature.

INDEFINITE QUANTITY, INDEFINITE DELIVERY

(a) This is an indefinite-delivery, indefinite quantity contract for the services specified and effective for the periods of performance stated in Section (B), Period of Performance.

(b) Performance shall be made only as authorized by task orders issued in accordance with the Ordering clause.

(c) There is no limit on the number of task orders that may be issued under the IDIQ contract.

MINIMUM GUARANTEE

A minimum of $5,000 of work each period is guaranteed to each Contractor awarded a contract.

INVOICES

Contractor shall submit invoices within 10 business days of NRCS acceptance of the final Archeological Survey Report.

Invoices must be readable and include:

· date of the invoice

· invoice number

· contract number

· task order number

· description of services, quantity and price

· payment amount

· name, phone number and e-mail address of Contractor point of contact for invoice questions

PAYMENTS

Payment will be made for each issued task order upon acceptance of the final Archeological Survey Report by the SHPO and the NRCS. Payments will be made by electronic deposit to the Contractor’s banking institution or by credit card.

All performance issues with a issued task order shall be resolved prior to payment.

(D) CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

1. Background

Cultural resources are evidence of past human activity. These may include pioneer homes, buildings or old roads, structures with unique architecture, prehistoric village sites, historic or prehistoric artifacts or objects, rock inscription, human burial sites, earthworks, such as battlefield entrenchments, prehistoric canals, or mounds. These nonrenewable resources often yield unique information about past societies and environments, and provide answers for modern day social and conservation problems. Although many have been discovered and protected, there are numerous forgotten, undiscovered, or unprotected cultural resources in rural America.

In accordance with the National Historic Preservation Act, and related statutes and regulations, the Natural Resources Conservation Service is responsible for the identification and evaluation of cultural resources and the protection of historic properties affected by NRCS undertakings.

2. Description of Work

The majority of the work is Phase I Archeological Field Evaluations, identification and evaluation, related to in-field archaeological investigations during the planning and design of conservation practices. Phase II Archeological Field Evaluations will occur as appropriate.

NRCS will use the results of all evaluations to satisfy compliance requirements.

Contractors shall:

1. conduct any necessary background research, inclusive of archival analysis and literature review, associated with each project before the on-site survey, including preliminary site reviews. If upon investigation and preliminary site review, the potential for cultural resources to be present on a particular site is determined to be highly unlikely, the Contractor will contact the Cultural Resources Coordinator to determine if a survey is necessary. Written documentation supporting this finding will be submitted to NRCS for State Historic Preservation Officer (SHPO) approval.

2. assume all responsibility for and take all precautions to prevent damage to property entered. Rights-of-entry shall be obtained by NRCS. Contractors will be advised as to arrangements previously made with the landowner(s).

3. contact the designated NRCS field office Project Manager prior to initiating fieldwork in order to develop an identification and evaluation strategy for each site and inform him/her of the Contractor’s proposed work schedule and operations. NRCS’ field office Project Manager 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.

4. backfill and grade shovel test pits or excavations to match the surrounding land profile upon completion of field investigation.

5. contact the Cultural Resources Coordinator for projects where archaeological sites are determined to be present. Contractor shall document the nature and extent of the cultural resources and propose recommendation for avoidance where “adverse effects” would occur.

6. consult with the SHPO on behalf of NRCS, in instances where the SHPO requests additional information on a particular project. Contractor shall respond within 2 days to requests from the SHPO for additional information.

7. make appropriate arrangements for travel to and from sites and for overnight accommodations and meals as necessary

8. have access to adequate facilities for analysis, treatment and storage of specimens and records likely to be obtained

3. Objectives

Evaluate each site to determine the presence or absence of cultural resources.

Perform all operations necessary to complete the responsibilities associated with conducting field evaluations.

Provide all labor, equipment, materials, transportation, space and related support facilities to complete the work.

Identify prehistoric and/or historic properties of archeological importance within or adjoining to sites where NRCS provides technical assistance for installation of conservation practices.

Conduct in-field investigations in accordance to professional archeological protocols for Phase I evaluations per the Agreement between NRCS, WI and the WI State Historic Preservation Office (SHPO), see Attachment 2.

4. Deliverables Contractor shall provide NRCS with sufficient documentation to enable NRCS to make informed determinations of effect so that any reviewing parties can understand the basis. Documentation shall be in a report format and will include at a minimum the information described in 36 CFR 800.11(d) or (e), http://www.achp.gov/regs-rev04.pdf, depending on the finding.

Archeological Survey Report

The final Archeological Survey Report, that documents findings from in-field investigations, shall be submitted to the Cultural Resources Coordinator within the defined period of performance of the specific issued task order, which is typically 30 days.

Multiple projects within a county may be combined in one report. The report shall detail:

· description of the location of the field investigation

· boundaries of the field investigation

· research design, how and why the methods were chosen

· methods used, which methods were chosen and how were they carried out

· discussion of the results of the background research, field investigation and any laboratory data analysis

· interpretation of the results

· recommended actions to complete the Section 106 compliance process

Other report formats may be considered, based upon written approval of the Cultural Resources Coordinator.

In the event that adverse weather prevents the completion or initiation of fieldwork on any project, an extension may be granted by the Cultural Resources Coordinator at the request of the Contractor. The extension will be in effect until field conditions improve sufficiently to allow for appropriate field methods to be performed.

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

If the site is subject to tribal jurisdiction, the report shall meet requirements agreed to with the Tribal Historic Preservation Officer (THPO) in existing agreements with NRCS.

Submit 3 copies of each final Archeological Survey Report to the Cultural Resources Coordinator.

Contractors shall warrant that the archaeological services comply with all applicable Federal, State, Tribal and local laws and requirements and Department of Interior standards

5. Key Personnel Project Manager

Contractor shall designate a Project Manager who serves as the contact person, is responsible for the work and ensures timelines are met.

Registered Professional Archeologist Contractor shall designate a Registered Professional Archeologist who ensures that all archeological investigations and Archeological Survey Reports are completed according to professional standards and protocols and signs all archeological survey reports.

The Registered Professional Archeologist will be responsible for the validity of the material presented in all investigation reports. In the event of controversy or court challenge, the Registered Professional Archeologist may be called upon to testify on behalf of NRCS in support of his/her findings, at NRCS expense, at established federal travel rates.

During the first ninety (90) days of contract award, the Contractor shall make no substitutions of key personnel assigned to the contract 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 the below paragraph. After the initial 90-day period, the Contractor shall submit the information required by the below paragraph to the Contracting Officer at least 15 days prior to making any permanent key personnel substitutions.

The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed key personnel 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.

6. Performance

· Strategy is developed with input from interested parties

· Strategy is prepared within two weeks of issued task order Draft strategies will be reviewed by the Cultural Resources Coordinator

Work is completed within the period of performance, which is typically 30 days, inclusive of final Archeological Survey Report Cultural Resources Coordinator will review results presented by the Contractor and will periodically observe work during field investigations

Final Archeological Survey Report is submitted within the period of performance, which is typically 30 days Cultural Resources Coordinator will review reports and monitor delivery dates.

Any performance issues with either the resources provided, or any of the work performed, shall be resolved prior to the next task order being issued to the same Contractor, and to the satisfaction of NRCS.

7. Compliance Requirement Resources NRCS General Manual 420, Part 401, http://www.nrcs.usda.gov/technical/cultural.html

1. Choose NRCS General Manual Chapter: Cultural Resources (Archaeological and Historic Properties) (GM 420, Part 401) NRCS National Cultural Resources Procedures Handbook, http://www.nrcs.usda.gov/technical/cultural.html

1. Choose NRCS National Cultural Resources Procedures Handbook

Section 106 of the National Historic Preservation Act of 1966, http://www.achp.gov/regs.html Programmatic Agreement between NRCS, WI and the Wisconsin State Historic Preservation Office, see Attachment 2 Programmatic Agreement Among the USDA, NRCS, the Advisory Council on Historic Preservation and the National Conference of State Historic Preservation Officers, http://www.nrcs.usda.gov/technical/ECS/culture/PA_31.pdf Memorandum of Understanding Between the Sokaogon Chippewa Community and USDA, NRCS, see Attachment 3 Secretary of the Interior’s Professional Qualification Standards and Guidelines for Archaeology and Historic Preservation, http://www.nps.gov/history/local-law/arch_stnds_9.htm

***SECTION E WILL NOT BE A PART OF THE CONTRACT DOCUMENT***

(E) SOLICITATION PROVISIONS

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at: www.arnet.gov/far

FEDERAL ACQUISITOIN REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER

TITLE

DATE

52.212-1 Instructions to Offerors – Commercial Items

JUN 2008

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)

(a) The Government intends to award multiple contracts resulting from this solicitation to responsible offerors whose offer conforms to the solicitation and will be advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Evaluation Factor #1: Specialized Experience and Technical Competence Address the expertise to conduct archeological:

A. pedestrian surveys in WI B. shovel surveys in WI C. excavation surveys in WI D. field surveys in WI

Address the expertise to:

A. comply with section 106 of the Historic Preservation Act

B. document findings in an archeological survey report according to WI SHPO and WI Archeological Survey criteria

Evaluation Factor #2: Professional Qualifications

Provide resumes of the Project Manager(s) and Registered Professional Archeologist (s) who may perform work under this contract. Clearly state if these resources are based in WI.

Evaluation Factor #3: Capacity

A. Describe the size of the offeror’s organization and number of employees regularly on payroll.

B. Address the number of archeologists and archeologist technicians employed by the Contractor.

C. Provide an organizational chart

Evaluation Factor #4: Past performance

Include a summary of the offerors’ most recent three similar projects.

For any past work stated, provide:

· applicable customer name

· labor categories involved

· contract dollar values

· description of work performed, and

· period of performance

· name, phone number and e-mail address of the person who can verify your past experience/performance.

Technical and past performance, when combined, are significantly more important than cost or price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

OTHER: The Government intends to make award(s) without discussions.

FAR 52.212-3 Offeror Representations and Certifications—Commercial Items (Feb 2009)

ALL OFFERORS MUST COMPLETE THE ANNUAL REPRESENTATIONS AND CERTIFICATIONS AT HTTP://ORCA.BPN.GOV.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in 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).

FAR 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

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

AGAR 452.204-70 INQUIRIES (FEB 1988)

Inquiries and all correspondence concerning this solicitation shall be submitted in writing to Tami Lanier, Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

AGAR 452.237-71 PRE-BID/PRE-PROPOSAL TELECONFERENCE (FEB 1988)

(a) NRCS is planning a pre-bid/pre-proposal teleconference, during which offerors have the opportunity to ask clarifications.

(b) Offerors are encouraged to submit all questions in writing at least two (2) days prior to the teleconference. Questions will be considered at any time prior to or during the teleconference; however, offerors will be asked to confirm verbal questions in writing. Subsequent to the conference, an amendment to the solicitation containing an abstract of the questions and answers will be disseminated.

(c) In order to facilitate teleconference preparations, it is requested that the

Contracting Officer of this solicitation be contacted and advised of the number of persons who will call into the teleconference.

(d) The Government assumes no responsibility for any expense incurred by an offeror prior to contract award.

(e) Offerors are cautioned that, notwithstanding any remarks or clarifications given at the teleconference, all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation.

If the answers to teleconference questions, or any solicitation amendment, create ambiguities, it is the responsibility of the offeror to seek clarification prior to submitting an offer.

(f) The teleconference will be held on Thursday, 4/30/09, at 1:00 pm Central Time. The teleconference number will be provided to those parties who contact the Contracting Officer. All parties need to call in, no personal attendance is requested.

Approximate Total Amount of Task Orders Issued in FY-09 for:

Area 1, Northern: $20,000 Area 2, Eastern: $13,000

Area 3, Western: $61,000 Solicitation #AG-5F48-S-09-0003 2 Cultural Resources