B08_Solicitation_(2).pdf
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- ETHNOGRAPHIC ASSESSMENT - CSNM RMP, Comprehensive Federal contract opportunity
- Solicitation number
- 140L4323Q0165
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This is a solicitation for a firm fixed price commercial services contract to conduct a Comprehensive Cultural Context survey and develop a Cultural Resources Management Plan for the Cascade-Siskiyou National Monument located in Medford, Oregon. The Bureau of Land Management seeks a contractor to complete an ethnographic assessment of the area through exhaustive research, Tribal consultation including interviews and workshops, and traditional ecological knowledge mapping. The contractor must subcontract preferred Professional Ethnographers and Tribal Liaisons for each of the principal Tribes associated with the planning area. The performance period is from August 2023 through August 2025. Quotes are due by July 21, 2023. This requirement is set aside for small businesses with a NAICS code of 541620 and size standard of $16.5 million. Award will be made to the responsible offeror providing the best value to the government based on the evaluation factors of price and technical approach.
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Comprehensive Cultural Context Surveys Cascade-Siskiyou National Monument SOLICITATION NO. 140L4323Q0165
BLM MEDFORD, OREGON Page 1 of 68
Combined Synopsis/Solicitation
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in
FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
Solicitation no. 140L42323Q0165 has been issued as a Request For Quotation for a firm fixed price commercial services contract for Comprehensive Cultural Context Surveys Cascade-Siskiyou National
Monument located at Medford, Oregon at one lump sum price. The scope of work includes
Comprehensive Cultural Context and the Cultural Resources Management Plan. The performance period is from 08/12/2023 through 08/12/2025. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02 dated March 16, 2023. The provision at 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition. The provision at
52.212-2, Evaluation – Commercial Items, applies to this acquisition. Quotations will be evaluated in accordance with Sections L and M of this solicitation. Offerors are advised to submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications – Commercial Items, with its offer.
The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition.
The clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes Or Executive
Orders – Commercial Items, applies to this acquisition. This requirement is set-aside for SMALL
BUSINESS. The NAICS code is 541620 and the small business size standard is $16.5 million. The basis of award is the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award will be made to the responsible respondent pursuant to FAR subpart 9.1. Offers are due by 07/21/2023, 4:00pm, Pacific Time. For information regarding this solicitation, contact Benjamin Becker or Andrea Hart at babecker@blm.gov and amhart@blm.gov.
mailto:babecker@blm.gov mailto:amhart@blm.gov
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SECTION B – SERVICES AND PRICES
This requirement is for one(1) Firm Fixed Price Commercial Services Contract for Comprehensive Cultural Context
Cascade-Siskiyou National Monument in Medford, Oregon.
BASE
Item
No.
Item Description Quanity
Unit of
Issue Total
Labor Costs (i.e., Principal Ethnographer/Report Author/Editor, Research
Assistant, GIS Specialist) 1 Task $_______
0020 Sub-Contractor for Tribe Preferred Ethnographic Consultant 1 Task $_______
0030 Sub-Contractor for 5 Local Tribal Liaisons 1 Task $_______
0040 Tribal Interviewee Participation Stipends 1 Task $_______
0050 Travel & Per Diem 1 Task $_______
0060 Material and Equipment 1 Task $_______
Grand Total:
PERIOD OF PERFORMANCE: See Section F.
(End of Section B)
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SECTION C – STATEMENT OF WORK
Purpose:
The purpose of this project is to conduct a landscape-level, Comprehensive Cultural Context (CCC) and related studies of the Cascade-Siskiyou National Monument (CSNM) Resource Management Plan (RMP) planning area that will help inform a broad range of land use and resource management activities, in addition to identifying co-stewardship opportunities among Bureau of Land Management (BLM) and CSNM’s affiliated Tribes. Traditional
Cultural Property (TCP) studies may be undertaken at the discretion of the Tribes.
Background:
The CSNM has long been recognized as a special place, with an incredible biological diversity that hosts a rich collection of natural, archaeological and historic resources. It lies at the interface of the Cascade, Klamath, and
Siskiyou ecoregions, in an area of unique geology, biology, climate, and topography. The CSNM has a wide variety of rare and beautiful species of plants and animals. Plant communities present a rich mosaic of grass and shrublands, Garry and California black oak woodlands, juniper scablands, mixed conifer and white fir forests, and wet meadows.
Stream bottoms support broad-leaf deciduous riparian trees and shrubs. Special plant communities include rosaceous chaparral and oak-juniper woodlands. The monument also contains many rare and endemic plants, such as Greene's
Mariposa lily, Gentner's fritillary, and Bellinger's meadowfoam. The CSNM supports an exceptional range of fauna, including important populations of small mammals, reptile and amphibian species, and ungulates, and provides critical winter habitat for deer. It also contains old growth habitat crucial to the threatened Northern spotted owl and numerous other bird species such as the western bluebird, the western meadowlark, the pileated woodpecker, the flammulated owl, and the pygmy nuthatch.
The majority of the monument is within the Cascade Mountain Range. The western edge of the monument lies within the older Klamath Mountain geologic province. The dynamic plate tectonics of the area, and the mixing of igneous, metamorphic, and sedimentary geological formations, have resulted in diverse lithologies and soils. Along with periods of geological isolation and a range of environmental conditions, the complex geologic history of the area has been instrumental in producing the diverse vegetative and biological richness seen today. One of the most notable features within the CSNM is Pilot Rock, located near the southern boundary of the monument. Pilot Rock is a volcanic plug, a remnant of a feeder vent left after a volcano eroded away, leaving an outstanding example of the inside of a volcano. Pilot Rock has sheer, vertical basalt faces up to 400 feet above the talus slope at its base, with classic columnar jointing created by the cooling of its andesite composition.
The CSNM continues to be an important natural and cultural landscape for Native American groups since time immemorial, who are drawn not only to the richness of the resources within the monument but to certain areas such as Pilot Rock that are considered sacred. In modern times, the CSNM has also become home to the Maka Oyate
Sundance, which is held in a special ceremonial ground that is of particular importance to the Tribal members that participate in the ceremony.
The Siskiyou Pass in the southwest corner of the monument contains portions of the Oregon/California Trail, the region's main north/south travel route first established by Native Americans in prehistoric times and used by Peter
Skene Ogden in his 1827 exploration for the Hudson's Bay Company. Although less than 15% of the monument has been surveyed for historic and archaeological resources, 286 archaeological sites have been recorded. It is expected that there are many additional archaeological sites scattered across the CSNM., It is also anticipated that various sacred sites or sites of traditional cultural importance to Native Americans are present that have yet to be documented. In addition, there have been no in-depth archaeological or ethnographical studies completed to determine what other cultural resources may be found within its confines.
General Description of Work:
The Contractor will complete a Comprehensive Cultural Context (CCC), Cultural Resources Management Plan
(CCMP), and related studies of the CSNM Resource Management Plan (RMP) planning area to include:
subcontracting or consulting with Tribe-preferred Professional Ethnographer(s) and Tribal Liaisons; conducting exhaustive archival, historic, and ethnographic research, conducting Tribal workshops and interviews, completing
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Cultural Resources Management Plan to include copies of all data (field data, analyses, and GIS) generated for the project. Where applicable, work shall involve preparation of Tradition Cultural Property (TCP) studies, including draft NRHP nomination forms at the discretion of the Tribes involved.
Several modern Tribes claim the planning area as ancestral territory, while others have interest in the headwaters of the Klamath River which provides traditional fisheries all the way to the California coast. The federally recognized
Tribes with ancestral claim the planning area are: The Confederated Tribes of the Siletz Indians (Siletz), The Cow
Creek Band of Umpqua Tribe of Indians (Cow Creek), The Confederated Tribes of the Grand Ronde Community
(Grand Ronde), The Klamath Tribes, and The Quartz Valley Indian Reservation (Quartz Valley). Other Tribes share a common interest in the waters of the monument are the Hoopa Valley Tribe and the Yurok Tribe. The contractor will focus the breadth of their project efforts on the Klamath, Quartz Valley, Siletz, Cow Creek, and Grand Ronde
Tribes, but may include information as relevant to the planning area for the other interested Tribes.
It is therefore paramount to project success and for identifying potential co-stewardship opportunities that all actions sponsored by the federal government. The Contractor will subcontract or consult with “trusted” Professional
Ethnographer(s) to ensure that local Tribal concerns and sensitivities are being addressed according to customs and cultural tradition. Additionally, the contractor shall subcontract the services of a Tribal Liaison for duration of the project with each of the four principal Tribes associated with the planning area. The Contractor shall engage meaningfully with the principal Tribes to ascertain a list of “trusted” Professional Ethnographer(s) and Tribal
Liaisons and at the onset of contract award, and prior to engaging in workshops or interviews with members of each
Tribe.
Completion of the project will involve:
1. Introductory meeting between BLM and awarded contractor (“Contractor”) to discuss and clarify project expectations and deliverables.
2. Contractor shall hire Professional Ethnographer(s) and local Tribal Liaisons to support and enrich project objectives based on each of the principal Tribe’s preferences.
a). Professional Ethnographer(s)—shall provide intermittent consultation and guidance to the Contractor for duration of the project, to include ensuring culturally sensitive information is properly handled in accordance with Tribal practice, concerns, and customs. The Contractor shall give strong consideration for selecting a Professional Ethnographer(s) with whom the primary Tribes associated with the planning area have had a meaningful, trustworthy, and positive experiences in past ethnographic studies and interactions.
b). Tribal Liaisons/Local Project Support—will serve as liaisons and local project support (intermittently) for each of the four affiliated principal Tribes associated with the planning area for the duration of the project. These consultants will directly support project objectives at a local level, to include duties such as:
interview and workshop coordination, logistical coordination; and general project support.
3. Finalizing a comprehensive literature review of known cultural sites and heritage areas within the
CSNM, which includes:
a). Compiling and synthesizing existing ethnographic and ethnohistorical data for the region.
b). Reviewing known late prehistoric, protohistoric, and historic aboriginal site records within the planning area. This will include any site information that Tribes may have that are not within the current BLM database.
c). Sharing results of the literature review with Tribal representatives to identify locations for field visits and discuss potential ethnographic significance and management considerations.
4. Organizing and conducting field visits with Tribal representatives to identify culturally important places and resources within the project area. Travel costs for the duration of the project including interviews and
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5. Conducting interviews with Tribal cultural resource staff as well as additional Tribal representatives about cultural and natural resources, physical environmental features, places, and landscapes by using both formal and informal ethnographic methods. Interviews will include identifying Tribal perspectives regarding potential co-stewardship opportunities with BLM to ensure important heritage resources, places, and practices are preserved for this and future generations. The Contractor shall provide a small honorarium/stipend to participating Tribe members between $50-200/person depending on level of participation.
a).This may involve conducting and facilitating local workshops with each of the principal Tribes for the purpose of facilitating community-wide discussion about sacred sites, traditional ecological knowledge and land uses which are culturally relevant to each of the principal Tribes in the planning area. The Contractor shall provide supplies for all workshops conducted.
6. Completing a final Comprehensive Cultural Context (confidential information), as well as a separate, non-sensitive Cultural Resource Management Plan (non-confidential information), along with related documentation and data.
a). Comprehensive Cultural Context (CCC)—will document archaeological and traditional ecological knowledge and land uses, cultural practices and emphasis area, and sacred site information which includes study results.
b). Cultural Resource Management Plan (CRMP)--will synthesize work in an executive summary format based on analysis and recommendations presented in the CCC and include sections on current heritage management issues and needs of the Tribes and BLM and provide recommendations for future heritage resource management and co-stewardship opportunities. This document shall not contain confidential information and will be used for external use and general decision-making by the BLM.
7. Prepare Traditional Cultural Property (TCP) and National Register of Historic Places (NRHP) nominations at the discretion of the Tribes involved. Work includes:
a). Consultation with members of traditional communities such as Indian Tribes and Alaska Native Tribes and Alaska Native Corporations to understand perspective on properties that play important roles in their historically rooted beliefs, customs, and practices. Preparation of documentation for TCP nomination.
b). Development of context statements for draft NRHP nomination of TCP. This may require coordination with Tribal Relations staff and work with local Native American and Alaska Native Tribes and Alaska
Native Corporations as requested and coordinated by the Forest Service/BLM/NPS. Interaction with tribal entities shall occur only with the approval and in coordination with the Forest Service/BLM/NPS Tribal
Relations Specialist or Advisor
8. Data Entry into BLM Heritage Program Databases. Work includes:
(a) Ability to read and interpret correctly data associated with location, survey (type and coverage), and
SHPO documentation of archaeological and built resources site forms and records. Transfer of information from archaeological survey and site forms, and other historic property documentation into the BLM
Heritage program database of record and other databases maintained by BLM Heritage program staff. The work includes working knowledge of GIS, creating polygons, points, and lines, importing project shapefiles, etc. Individual Forest units have specific numerical identification numbers for sites and surveys that will need to be coordinated on. Completion of this project would be done in a phased approach as detailed in Task 1 through 8.
Location (see Map)
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Contractor Furnished Material:
The Contractor will furnish qualified personnel (See 43 CFR 7.8 and BLM Manual 8150.2); hire and provide funding for Tribal-preferred Professional Ethnographer(s) and Tribal Liaisons; transportation, and all field equipment and supplies needed for the project. The Contractor will also be responsible for coordinating with Tribes during the literature review and during field visits.
BLM Furnished Material:
BLM Medford District Ashland Field Office (AFO) will provide access to existing cultural files for site record review. The AFO staff archaeologist and Medford District Archaeologist will also be available to help answer questions and provide data and a copier for completing the records review.
Duration of the Project:
The project will continue until the final Comprehensive Cultural Context report and related TCP documentation (eg., NRHP nomination) and data resulting from the study are completed and entered into BLM Heritage Program
Databases, but no longer than two years, two months (26 months) from award of contract. Additional time to finalize report may be allotted if it is favorable to the government. However, all added time must be approved by the BLM and the Contracting Officer.
Work Schedule:
The estimated contract schedule for Task 1 through Task 9 is described in the table below:
Task Task Description Target Date (for completion of task)
Estimated Days
Task 1 Kick off meeting and discussion of expectations
June 12th, 2023 1
Task 2 Hire Professional Ethnographer(s) and
Tribal Liaisons as consultants to support project objectives based on principal Tribe’ preferences.
1 Professional Ethnographer
4 Tribal Liaisons/Local Project Support
August 11th, 2023 60
Task 3
Review of existing databases, ethnographic information, literature review and compiling data.
September 11th, 2023 90
Task 4 Plan and Coordinate Field Visits with
Tribes –done concomitant to the performance of Task 2 and Task 3
October 6th, 2023
Task 5 Tribal Interviews and workshops September 30th, 2024 360
Task 6 Draft Comprehensive Cultural Context
Report, Cultural Resource Management
Plan, and related TCP documentation (eg., draft NRHP nomination)
December 31st, 2024 90
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Task 7 Tribal Review Meeting, and Draft CCC and CRMP Report and TCP documentation
(eg., NRHP nomination) Revisions
February 14th, 2025 45
Task 8 BLM Review Meeting, and Draft CCC and
CRMP Report and TCP documentation
(eg., NRHP nomination) Revisions
April 4th, 2025 45
Task 9 Deliver Final CCC and CRMP Reports, TCP documentation (eg., NRHP nomination form), all data associated with project entered into BLM Heritage
Program Databases
June 6th, 2025 60
I. Qualifications a). Contractor will meet the qualifications as specified under Appendix II Professional Qualifications:
Ethnography in the National Park Service (NPS) National Register Bulletin #38: Guidelines for Evaluating and Documenting Traditional Cultural Properties: Appendix II Qualifications. Contractor will also meet the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation.
b). Past Experience
1. Previous experience conducting and completing Ethnographic studies.
2. Previous experience conducting interviews and site visits with Native American Tribal members.
3. Previous field and analytical experience in the archaeology of the western United States, in particular the
Pacific Northwest, Inter-Mountain or Great Basin regions, with at least one full year of supervisory experience and a demonstrated ability to carry research to completion.
II. Performance
Sensitive and Non-Public Agency Data:
Maps and associated data provided to the Contractor may contain sensitive information. Therefore, no data/materials provided to the Contractor may be made available to parties/individuals outside of the BLM and/or Contractor’s employees without clear written approval by the BLM.
Sensitive and Non-Public Tribal Data:
Information, data or materials given by tribal members or tribal staff during the course of this research effort will be considered sensitive and therefore, no information, data or materials provided to the Contractor by the Tribes may be made available to parties/individuals outside of the BLM or any Contractor’s employees that are not retained to work on this project. Once the project is completed, Contractor will be required to return any Tribal provided information, data or materials to the Tribe that provided such information.
Performance Standards:
The Contractor shall follow all established BLM, DOI, laws, regulations, guidelines, processes and procedures.
Government Furnished Property:
All equipment, documents, etc. furnished by the government will be required to be returned to the government upon completion of the contract. The BLM at its discretion may provide keys for locked gates, and items of a similar nature to ensure safe access to public lands. All other equipment or property will be provided by Contractor.
Payment:
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The Contractor will be paid upon completion of the Base Task and each Option Task upon receipt of deliverables for each task. Meeting(s) will be held as needed between the Contractor and the COR(s) to facilitate communications, progress of contract, and the need of any work corrections, extensions, holdovers, or modifications.
Deliverables:
At the end of each Task performance period, a progress report will be submitted to the BLM for review and subsequent payment. Upon completion of Task 6 a final Ethnographic Report and a Cultural Resource Management
Plan will be submitted to the BLM.
All data and products created and produced by Contractor will be delivered to the BLM. However, confidential data may be exempt from this requirement at the request of the Contractor or Tribal representatives. The request shall be provided in writing and will explain in general terms the nature of the information and why such data or information is exempted.
Authority:
Notwithstanding any of the other provisions of this contract, the BLM CO shall be the only individual authorized to:
1. Accept nonconforming work,
2. Waive any requirement of this contract, or
3. Modify any term or condition of this contract.
Each contractor employee shall be provided, and shall wear in plain sight, an identification badge which clearly identifies the employee as a member of the Contractor’s staff.
Fire Danger:
The Contractor will comply with all applicable State and Federal laws relating to fire prevention and with all special conditions of work as directed by the COR. “It is prohibited to operate or use any internal or external combustion engine on any timber, brush, or grass covered land, including trails traversing such land, without a spark arrester maintained in effective working order and meeting guidelines set forth in National Wildfire Coordinating Group
Publication NFES 1363 and 2363.”
Safety Equipment:
The Contractor must provide a safety protocol and procedures.
Security and Safety:
The Contractor will ensure compliance with all applicable security regulations, and all Program security operations requirements, for facility access, and handling of materials. The Contractor must comply with local security requirements for entry and exit control for personnel and property at the Government facility.
The work performed under this task order shall be unclassified.
Key Personnel:
(a) The Contractor shall assign to this contract the following key personnel who will have the full authority to act on behalf of the Contractor during performance of efforts hereunder:
To be determined during negotiations (Individual names shall be included in the resultant contract as an attachment. Revisions in accordance with the provisions of this clause will be made by superseding letters to be included as a bilateral contract modification.)
Supervision shall be the responsibility of the Contractor. Any Contract employee problems in performance, attendance, or other personal problems shall be referred to the On-Site Supervisor to be referred on to the
Contractor.
b). The Contractor shall make no substitutions of those personnel unless the substitution is necessitated by illness, death, termination of employment, or otherwise approved by the CO. The Contractor shall notify
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c). Substitution of key personnel shall require the written approval of the CO. The Contractor shall provide an explanation of the circumstances necessitating the proposed substitution, complete resumes for the proposed substitutes, and any additional information requested by the CO. Proposed substitutions should have comparable qualifications to those of the persons being replaced. The CO will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The key listing of personnel shall be modified by superseding letters as a bilateral contract modification as stated in
(a) above.
d). The Government reserves the right to refuse any contractor employees recommended or referred by the
Contractor.
Professional Standards and Ethics:
All personnel furnished by the Contractor shall be fully qualified for the services they are assigned. If any services performed by an individual do not conform to the contract requirements, or jeopardize successful performance of the contract, the CO may require the Contractor to immediately remove the individual from the contract at no additional cost to the Government. The Contractor shall conduct only business covered by this contract during period paid for by the Government and shall not conduct any other business on Government premises. Contractor employees assigned to this contract shall not solicit business that may be within the scope of this contract.
Pay and Benefits:
a). Regular hourly rates shall include fringe benefits, G&A, and overhead.
b). Holiday pay and vacation time shall be in accordance with the Wage Determination, and all revisions made to those Wage Determinations as they become effective.
c). Contractor personnel are not entitled to administrative leave for such functions as picnics, blood drives, luncheons, dedications, etc.
d). Contractor employees are not eligible to receive monetary awards from the Government.
Certified Employee Time Records:
The Contractor shall maintain certified employee time records for the life of the contract. The records shall consist of a daily time log for each employee. The log shall be signed or initialed and certified as correct by the employee and the On-Site Supervisor. The time records for the period covered by an invoice shall be submitted with the invoice.
Hold Harmless and Indemnification Agreement:
The Contractor shall hold harmless and indemnify the Government against any and all liability, claims, and costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with, in any way incident to, or arising out of the occupancy, use, service, operation or performance of work under the terms of the contract, resulting in whole or in part from the negligence acts or omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor.
Contraction Officer’s Representative (COR):
The COR(s) will be appointed by the CO upon award of the contract and/or Task Orders issued hereunder. The
COR(s) will serve as the primary technical contact between the BLM and the contractor. In this role the COR(s) will provide any specialized instructions to the Contractor regarding the Statement(s) of Work, arrange pre-work conferences as necessary, and coordinate the review and acceptance of all tasks/services under individual task orders. The COR(s) do not have the authority to modify, or in any way amend the prices, terms, or conditions of this contract or any task orders issued hereunder without the prior written consent of the CO.
Technical Direction:
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BLM MEDFORD, OREGON Page 10 of 68 a). Technical direction must be within the scope of work stated in the contract. The COR does not have the authority to, and may not, issue any technical direction which:
(1) Constitutes an assignment of additional work outside the Statement of Work;
(2) Constitutes a change as defined in the contract clause(s) entitled "Changes", located in Section H of the contract;
(3) Causes an increase or decrease in the total price or the time required for contract performance;
(4) Changes any of the expressed terms, conditions or specifications of the contract; or
(5) Interferes with the Contractor's right to perform the terms and conditions of the contract.
b). The term "technical direction" is defined to include:
(1) Directions to the Contractor which redirect the contract effort, shifts work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the contractual Statement of Work.
(2) Providing written information to the Contractor which assists in the coordination of budget, projects, or guidance related to Healthy Landscapes, or technical portions of the work description.
(3) Review, and where required by the contract, approval of technical reports, and technical information to be delivered by the Contractor to the Government under the contract.
a). Technical directions can be issued in writing or verbally by the COR.
b). The Contractor shall proceed promptly with the performance of technical directions duly issued by the
COR in the manner prescribed by this article and within his authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (a)(1) through (5) of this clause, the Contractor shall not proceed but shall notify the CO in writing within five c). Working days after receipt of any such instruction or direction and shall request the CO to modify the contract accordingly. Upon receiving the notification from the Contractor, the CO shall:
(1) Advise the Contractor in writing within thirty (30) days after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under the
"Changes" clause, located in Section C, of the contract;
(2) Advise the Contractor within a reasonable time that the Government shall issue a written change order;
(3) Rescind the technical direction.
A failure of the Contractor and Contracting Officer to agree that the technical direction is within the scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto shall be subject to the provisions of the clause entitled "Disputes", incorporated by reference in FAR 52.212-4 Contract
Terms and Conditions -- Commercial Items in Section .
(End of Section C)
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SECTION E – INSPECTION AND ACCEPTANCE
Inspection/Acceptance of all service performed in accordance with this contract for purpose of initiating Contractor payment shall be by the COR. The BLM COR or PI designated by the CO shall make periodic inspections of the project as a basis for payment and recommendations for adjustments in work quality while work is in progress.
All deliverables will be reviewed by the BLM PI, subject matter experts (SME), and COR. Items will either be reviewed upon completion, monthly, or upon request of payment by the Contractor.
(End of Section E)
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SECTION F – DELIVERIES OR PERFORMANCE
F.1.0 PERIOD OF PERFORMANCE
The contract shall commence from date of award for a period up to two (2) years.
F.2.0 PROGRESS PLAN
At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details its proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule must reflect a work progress rate equal to the available amount of contract performance time.
The following clause is incorporated by reference:
Clause Title Date
52.242-15 STOP WORK ORDER AUG 1989
(End of Section F)
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SECTION G – CONTRACT ADMINISTRATION DATA
The following local clauses are provided in full text:
CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)
(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The
Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System
(CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR42.15.
(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.
(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.
(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/. The CPARS
User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.
(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/. Contractor
Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating ''No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.
(f) The following guidelines apply concerning your use of the past performance evaluation:
(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.
(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
https://www.cpars.gov/ https://www.cpars.gov/ https://www.cpars.gov/ https://www.cpars.gov/
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(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.
(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the
Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30- day review period.
(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for
Government use supporting source selection actions after it has been finalized.
(End of clause)
ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)
(APR 2013)
Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice
Processing Platform System (IPP).
“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable
Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions –
Commercial Products or Commercial Services included in commercial products or commercial services contracts.
The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
1. Invoice billed according to contract line items and rates.
2. If partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.
3. If final payment is billed, the last invoice shall state “FINAL”.
4. Contractor’s Release of Claims shall be submitted with the final invoice.
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The
Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP
Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the
Contractor must submit a waiver request in writing to the Contracting Officer with its quotation.
(End of Local Clause)
(End of Section G) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org
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SECTION H – SPECIAL CONTRACT REQUIREMENTS
H.1.0 ACCESS
In the event of a site/facility closure, the Contractor shall not perform or make deliveries to the site/facility until it is reopened by the Government, unless otherwise instructed by the Contracting Officer or their designated representative.
H.2.0 WORK HOURS
Unless otherwise specified in Section C, Specifications, work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or Federal holidays unless authorized by the COR.
H.3.0 ENVIRONMENTAL INTERRUPTION OF WORK
H.3.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for all environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.
H.3.2 Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species
Act of 1973, as amended, or Federal candidate (Category 1 and 2), sensitive or state listed species, identified under BLM Manual 6840, are discovered to be present in or adjacent to the project area.
H.4.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA
H.4.1 Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.
H.4.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the
Contracting Officer immediately in writing giving the location and nature of the findings.
H.4.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract
Clauses Section of this contract.
H.4.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.
H.5.0 ENVIRONMENTAL IMPACT
All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13
October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control
Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ);
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Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16
U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the
Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the
United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the
Government for all such liability.
H.6.0 HAZARDOUS MATERIALS
Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.
Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR
1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.
H.7.0 GREEN PROCUREMENT REQUIREMENTS
In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:
• U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm.
• USDA Biobased product listings published at www.biopreferred.gov.
• Energy Star® product listings published at www.energystar.gov/products.
• FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-product-categories
Contractor shall comply with all reporting requirements stated in the applicable clause(s):
• 52.223-1 Biobased Product Certification
• 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts
• 52.223-4 Recovered Material Certification
• 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items
• 52.223-15 Energy Efficiency in Energy Consuming Products
• 52.223-17 Affirmative Procurement of EPA Designated Items in Service and Construction Contracts
H.8.0 RESTORATION OF RESOURCES
H.8.1 Cleanup - The Contractor is responsible for cleaning up all camp and worksites before leaving the area.
Final payment or other alternative deemed feasible may be withheld until the Contractor has complied with this requirement.
H.8.2 Site and Access Roads – Site and public or private access roads negligently damaged by the Contractor shall be restored to the same condition they were in at the commencement of work, at the expense of the
Contractor.
http://www.epa.gov/cpg/products.htm http://www.bioprefferd.gov/ http://www.energystar.gov/products http://energy.gov/eere/femp/covered-product-categories http://energy.gov/eere/femp/covered-product-categories
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H.9.0 UNAUTHORIZED PERSONNEL
The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.
H.10.0 OREGON FARM/FOREST LABOR CONTRACTOR'S LICENSE
If the State of Oregon requires an Oregon Farm/Forest Labor Contractor's License, then the contractor awarded this contract and all first-tier subcontractors shall be required to obtain and maintain, during the term of this contract, such a license. Contractors not having a current license will be required to furnish evidence of having obtained such license within ten (10) days after receipt of written notification of contract award. Failure to obtain, keep and maintain a current license during the term of this contract or the extension thereof shall be a basis for termination for default.
Information on obtaining this license may be obtained from:
Bureau of Labor and Industries Contact: Licensing Unit
Wage and Hour Division Telephone: (503) 373-1463
3865 Wolverine St. NE; E-1 Fax: (503) 373-7636
Salem, OR 97305-1268
H.13.0 FIRE DANGER SEASON
If the COR allows the Contractor to continue work during periods of declared fire danger or season, the
Contractor shall comply with all applicable state…
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