FINAL_RFQ_Cultural_Inventoy.pdf

U.S. Department of the Interior Bureau of Reclamation Missouri Basin and Arkansas-Rio Grande-Texas Gulf Regions Billings, Montana August 2022

Request for Quote Solicitation No. 140R6022Q0080

CULTURAL RESOURCE

INVENTORY

Canyon Ferry Recreation Areas Lewis and Clark AND Broadwater Counties, Montana

FOR OFFICIAL USE ONLY

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

R60

PO Box 36900 Regional Office Great Plains Region Bureau of Reclamation

0009910061 CODE 16. ADMINISTERED BYCODE

X

X

X

541720

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR60

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/02/2022 1300 MD

08/22/2022

Crystal Tisdale (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R6022Q0080

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 2 0040580353OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Billings MT 59107

TELEPHONE NO.

17a. CONTRACTOR/

Helena MT 59602 7700 Canyon Ferry Road Canyon Ferry Bureau of Reclamation-GP-MTAO

15. DELIVER TO

Billings MT 59107 PO Box 36900 Regional Office Great Plains Region

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$22.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Bureau of Reclamation

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00010

Cultural Resource Inventory CF Locations Period of Performance: 10/01/2022 to 12/31/2023

Cultural Resource Inventory CF Product/Service Code: B503 Product/Service Description: SPECIAL

STUDIES/ANALYSIS- ARCHEOLOGICAL/PALEONTOLOGICAL

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Gerri Voto-Braun

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

1 AU $ ____________________________

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

Cultural Resource Inventory Canyon Ferry, Montana Solicitation No. 140R6022Q0080

PERFORMANCE WORK STATEMENT – CULTURAL

RESOURCE INVENTORY

CANYON FERRY, MONTANA

1. BACKGROUND AND PURPOSE OF PROJECT: The Bureau of Reclamation is seeking a contract for a file and literature search (file search) and a Class III cultural resource inventory focusing on recreation areas of the Canyon Ferry Reservoir in Montana. These areas receive heavy public use.

The state capitol, Helena, is approximately 15 miles from the reservoir. The Bureau of Reclamation (Reclamation) had a cultural resource inventory done of these areas and surrounding reservoir areas in 1982. An inventory of approximately 950 acres was completed in 2019 in some of these areas. With the new inventory, the Montana Area Office (MTAO) of Reclamation will provide the support needed by the Canyon Ferry Field Office (CFFO) to plan recreational improvements in the newly inventoried recreation areas. MTAO has worked with the CFFO to develop their priority list of recreation areas to inventory. The locations of the inventory areas are in Lewis and Clark County and Broadwater County.

The inventory is approximately 250 acres in size.

The Contractor shall conduct a file search and a Class III cultural resource inventory of designated areas, as outlined in this Statement of Work (SOW). The file search and inventory will work towards fulfilling some of Reclamation’s obligations under Section 110 of the National Historic Preservation Act. In general, the file search, Class III cultural resource inventory, and report recommendations should be conducted using existing guidance from the Montana State Historic Preservation Office (SHPO), the National Register Criteria (36 CFR 60.4), and the National Park Service National Register Bulletins. This area is known to have been used by members of Montana’s tribes: documentation regarding that use should be part of this inventory and analysis.

The Contractor shall deliver a draft report and a final report. Final payment is contingent on Reclamation receiving acceptable deliverables. The Contractor will recommend eligibilities, avoidance procedures, and mitigations, if necessary. Electronic files with associated metadata showing survey areas and locations of newly recorded and revisited resources are required.

Three copies of the final report in hardcopy, as well as three electronic versions of the final report is required. The electronic portion of mapping data shall be based on and provided as shapefiles compatible with ArcGIS Desktop 10.8.1. Paleontological sites or localities, if discovered, should be noted and location coordinates recorded; however, complete documentation is not part of this contract.

The locations of the inventory are in four units:

Unit 1 Sandy Beach Day Use T10N, R1W: Portion of Section 9 Jo Bonner Day Use T10N, R1W: Portion of Section 11 Yacht Basin T10N, R1W: Portion of Section 10 Shannon Boat Launch T10N, R1W: Portion of Section 3 Eagle Bay Day Use T10N, R1W: Portion of Section 4 Overlook Day Use T10N, R1W: Portions of Sections 10 and 15 Fish Hawk Campground T10N, R1W: Portion of Section 10

Canyon Ferry, Montana Solicitation No. 140R6022Q0080

Court Sheriff Campground T10N, R1W: Portion of Section 3 Administrative Area T10N, R1W: Portion of Section 3 Cemetery Island Day Use T10N, R1W: Portion of Section 10 Riverside Campground T10N, R1W: Portion of Section 4 Kim’s and Cave Point T10N, R1W: Portion of Section 2

Unit 2 Lorelei Day Use T10N, R1W: Portion of Section 22 Mahagoney Cove T10N, R1W: Portion of Section 36 Orchard Day Use T10N, R1W: Portion of Section 23 Lewis and Clark Day Use T10N, R1W: Portions of Sections 22 and 23 Crittendon Day Use T10N, R1W: Portion of Section 26

Unit 3 Lavina Day Use T8N, R2E: Portions of Sections 8 and 17 Confederate Dispersed T8N, R2E: Portions of Sections 5 and 6; T9N, R2E: Portions of Sections 31 and 32

Unit 4 Cottonwood Campground T7N, R2E: Portion of Section 19

2 . Assembling Existing Data Regarding the File Search- The Contractor shall conduct a file search with the SHPO. The purpose of this search is to ensure the Contractor is familiar with all previous work conducted in the general area of the project. This information will be a necessary component of the inventory report. The final results are to be incorporated as an appendix to the final cultural resource inventory report. Please note that additional source material related to the history of the Canyon Ferry Reservoir area, if needed, may be supplied by the U.S. Government through Reclamation sources, such as, MTAO records and Missouri Basin Regional Office (MBRO) records.

The Contractor shall contact the Quality Assurance Evaluator (QAE) regarding scheduling research access to any such records, if necessary. The Contractor will be allowed to make copies of reports and other information relevant to the search and reasonable in quantity of copying. Contact the QAE for authorization prior to copying. Some information is also available on Reclamation’s website. This does not limit the Contractor from accessing any other relevant information sources they need to complete the file search.

3. Assembling Data Regarding the Class III Cultural Resource Inventory. Limited testing and/or collection, testing, or excavation is not authorized under this inventory; however, artificial exposure of the subsurface (metal detecting, auger probing or 3 shovel testing) is sometimes a necessary part of Class III inventories and should be included in identification efforts if ground/surface visibility is completely obscured by heavy vegetative cover. Do not collect any artifacts if discovered. Document them, including location, and return them to their original location. The Contractor will ensure they have obtained a current Permit for Archeological Investigations (DI Form 1991), authorized for Non-collection Cultural Resource Inventory and Recordation only, from MBRO prior to award. An application for this permit (DI Form 1926) can be applied for by contacting MBRO Archaeologist Dr. George Shannon at:

Canyon Ferry, Montana Solicitation No. 140R6022Q0080

United States Department of the Interior Bureau of Reclamation Missouri Basin Regional Office (Billings, Montana) George Ward Shannon, Jr., Ph.D.

Missouri Basin Regional Archaeologist

MB-4200

P.O. Box 36900 Billings, Montana 59107-6900 gshannon@usbr.gov Office Phone: (406) 247 - 7751 Fax: (406) 247 – 7680

The Contractor shall follow the standard permit conditions and special permit conditions under the Permit for Archeological Investigations (DI Form 1991) when conducting work under this contract as it relates to Inventory and Recordation only as explained in the issued permit, as well as specific direction regarding work and deliverables included in this SOW.

4. MEETING WITH CANYON FERRY STAFF.

The Contractor shall set up a time to meet with the QAE and CFFO staff to answer any questions relevant to the inventory areas at Canyon Ferry. The objectives of this site visit will be as follows:

• To let the Contractor, meet CFFO staff familiar with the area.

• To familiarize the Contractor with the inventory areas and access to them. This visit or subsequent visits shall be coordinated with the QAE and the Contractor at a time that is mutually agreeable. The QAE will coordinate with CFFO.

5. PERFORMING FILE SEARCH & CLASS III CULTURAL RESOURCE INVENTORY

OVERVIEW.

The Contractor shall complete the following:

• Gather information to provide a basis for completing the file search. The final results are to be incorporated as an appendix to the final cultural resource inventory report.

• Perform an on-the-ground search for all cultural resources located on the specified tracts indicated in this SOW.

• Limited testing and/or collection, testing, or excavation is not authorized under this inventory; however, artificial exposure of the subsurface (metal detecting, auger probing or shovel testing) is sometimes a necessary part of Class III inventories and should be included in identification efforts if ground/surface visibility is completely obscured by heavy vegetative cover. Do not collect any artifacts if discovered. Document them, including location and return them to their original location. The Contractor shall follow the standard permit conditions and special permit conditions under the Permit for Archeological Investigations (DI Form 1991) when conducting work under this

Canyon Ferry, Montana Solicitation No. 140R6022Q0080 contract as it relates to Inventory and Recordation only as explained in the issued permit, as well as specific direction regarding work and deliverables included in this SOW. If historic period architectural structures or remains are located the Contractor shall conduct a land title examination as part of the site identification and evaluation.

• MTAO generally follows the Consulting with the Montana State Historic Preservation Office Guidelines and Procedures regarding site definitions and site form preparation, isolated find definitions, and report format. The Contractor will follow these guidelines. These guidelines can be found at https://mhs.mt.gov/Shpo/Archaeology/ConsultingWith

6. PERFORMING FILE SEARCH & CLASS III CULTURAL RESOURCE INVENTORY

SPECIFICS

The Contractor shall:

• Perform a file search as described in Section 2 – Assembling Existing Data Regarding the File Search of this SOW.

• Cover the area to be inventoried on foot by employing standard survey methodology.

Transect intervals will be 30 meters or less. Steep landforms, such as rock faces, talus/ scree slopes, and cliffs, should be inspected for the possibility of cultural remains including but not limited to human burials, rock shelters/caves, buffalo kill sites, and rock art. If transects are widened, the contractor shall document the rationale employed which justifies deviation from the standard interval distance. In all cases, coverage must be thorough. Coverage shall include to the shoreline meeting with the edge of the Canyon Ferry Reservoir where units border the reservoir.

• Identify from all surface and exposed indications all cultural properties or materials. At each site location places a site datum. No datum should be placed within road corridors where it could cause damage or harm to road users.

• Document time diagnostic artifacts, e.g., projectile points and ceramics. Include both those found on sites and those occurring in isolation. Document these in place. Do not collect.

• Artificial exposure of the subsurface (metal detecting, auger probing or shovel testing) is sometimes a necessary part of Class III inventories and should be included in identification efforts if ground/surface visibility is completely obscured by heavy vegetative cover. Also, this limited testing may be performed to establish potential for site deposition, site boundaries, or significance. This limited testing may be performed at the discretion of the field director. Do not collect any artifacts if discovered. Document them as indicated in Section 6 and return them to their original location.

• Locate each cultural property on a United States Geological Survey (USGS)7.5' quadrangle topographic map.

https://mhs.mt.gov/Shpo/Archaeology/ConsultingWith

Canyon Ferry, Montana Solicitation No. 140R6022Q0080

• Record all cultural properties on Montana Cultural Resource Information System forms (CRIS) and any isolated finds on the recommended isolated find/feature form. These can be found at https://mhs.mt.gov/Shpo/Forms. Also, record previously recorded cultural properties located within unit boundaries identified for inventory. Use the Montana Stone Circle forms for recording Tipi Rings. In addition to the CRIS, record structures on the Historic Property Record Form. Irrigation features shall be recorded on MTAO Irrigation Feature Recording Forms as well as CRIS. An Irrigation Feature Recording Form is included in Attachment A – Form.

• Take at least two photographs of each cultural property. Noticeable changes in geography dictate that at least one photograph of each land type within the tract should be included. Standing historic structures shall be photographed on all sides to illustrate architectural features. Label all photographs and negatives with a description and orientation. A photographic record shall be maintained and included in the final submission. Use the Acceptable standards found at the National Park Service website at:

https://www.nps.gov/subjects/nationalregister/upload/Photo_Policy_update_2013_05_15_508.pdf for film photography and documentation. Digital photography is acceptable in lieu of film photography. Digital photography must meet, at a minimum, the Acceptable standards found at the same website. Also, use these standards for FIPS 140 compliant flash drive or external hard drive* storage (in place of CD storage), labels, and paper and inks used in the production of the photographs.

• Prepare scale maps of all sites based on the location of the site datum and include topographic contour lines, cultural features, basic site contents, and locations of all documented artifacts. Use of digital maps zoomed in to show the site is not acceptable when the details of the maps are pixelated and no longer identifiable. While it is not necessary to map all artifacts, indicate areas of artifact concentration. When GPS technology is not available (i.e., no satellite coverage) all prehistoric cultural properties or historic material scatters shall be mapped by compass and tape or paced in meters.

All historic period Euro-American standing structures and mining features, e.g., houses, barns, etc., shall be mapped in feet. When utilizing GPS technology, note the type of equipment and level of accuracy employed.

• The Contractor shall obtain Smithsonian site numbers from the Montana SHPO for all cultural properties not previously assigned such numbers. Reclamation will review all site forms for adequacy prior to the submission to the SHPO for site numbers. Also, the Contractor is responsible for updating existing site forms for existing sites encountered and providing adequate site form updates. Reclamation will review all site form updates for adequacy prior to the submission to the SHPO.

• The Contractor shall deliver a draft report and a final report. The Contractor will recommend eligibilities, avoidance procedures, and mitigations, if necessary.

https://www.nps.gov/subjects/nationalregister/upload/Photo_Policy_update_2013_05_15_508.pdf

Canyon Ferry, Montana Solicitation No. 140R6022Q0080

*See Attachment C regarding both paper documentation and electronic media security.

7. MEDTHODOLOGIES

The Contractor shall determine the methods and techniques necessary for completion of this study using the guidelines identified herein, discuss those methods and techniques in them bids, and conduct the work according to the procedures so specified. Survey methodology or proposed avoidance of certain areas needs to be addressed in the proposal and inventory report.

8. ACCEPTANCE

Final acceptance of all items/services to be delivered under this contract shall be the responsibility of the Contracting Officer. The government may withhold final payment pending completion of any necessary rework by the Contractor.

9. DELIVERABLES

The Contractor shall submit deliverables to the QAE at:

Rick Hanson Area Archaeologist Montana Area Office Bureau of Reclamation PO Box 30137 Billings, MT 59107 Phone: 406-247-7666 Email: rdhanson@usbr.gov

• The Contractor shall submit one draft copy of typed site forms with original photographs to Reclamation for review prior to submission to the SHPO for issuance of site numbers. Site form maps should have both the location of the cultural property described and the delineated survey unit plotted and labeled in black.* The Contractor will follow SHPO guidelines when producing the site forms.

After review and changes, if any, the Contractor will obtain site numbers.

• One copy of the draft Class III cultural resource inventory report.*

• Three bound copies of the final Class III cultural resource inventory report.* The report shall be typed and printed on 8 ½ " x 11" paper and shall be single-spaced.

• Two sets of final site forms with Smithsonian site numbers and with original black & white or color photographs.*

• One copy of photographic record.*

• One copy of all field notes.* mailto:rdhanson@usbr.gov

Canyon Ferry, Montana Solicitation No. 140R6022Q0080

• Three electronic copies (FIPS 140 compliant flash drive or external hard drive*) of the report, site forms, photos, photo log, field notes, GIS data and associated metadata. GIS data should contain, at a minimum, shapefiles of unit boundaries, area surveyed, and site boundaries. Confer with the Montana SHPO for their current requirements prior to submission; however, all electronic data must be FIPS 140 compliant.*

*See Attachment C regarding both paper documentation and electronic media security.

10. PERIOD OF PERFORMANCE

a. All field work must be done by June 30, 2023.

b. The Contractor shall deliver one draft to the QAE one draft copy of typed site forms and one draft Class III cultural inventory report as listed in the Section 9 – Deliverables no later than July 30, 2023. The QAE will review the drafts and provide comments, within 30 days of receipt.

c. Final deliverables will be due no later than September 30, 2023.

11. PAYMENT SCHEDULE

Payment shall be tied to completion and acceptance of tasks identified in Section 10

– Period of Performance per the following: a (30%), b (30%), c (40%).

12. BUREAU OF RECLAMATION CONTACTS

All work under this contract will be coordinated with:

Rick Hanson Area Archaeologist Montana Area Office Bureau of Reclamation PO Box 30137 Billings, Montana 59107 Phone: 406-247-7666 Fax: 406-247-7338 Email: rdhanson@usbr.gov

For contracting questions or administration; contact:

Crystal Tisdale Contracting Specialist Missouri Basin Region/Montana Area Office Bureau of Reclamation Billings, MT Email: ctisdale@usbr.gov

REFERENCE SOW ATTACHMENTS BELOW

mailto:rdhanson@usbr.gov

Canyon Ferry, Montana Solicitation No. 140R6022Q0080

Attachment A – Form Montana Area Office Irrigation Feature Recording Form

Attachment B – Location Maps (4 Maps)

Attachment C – Controlled Unclassified Information

Canyon Ferry, Montana Solicitation No. 140R6022Q0080

APPENDIX A

U.S. Bureau of Reclamation Montana Area Office

Irrigation Feature Recording Form

Smithsonian Site Number: Feature Number:

Feature Name:

BOR Irrigation Project Name: BOR Component Number:

Legal Location:

UTM Coordinates and Zone:

USGS quadrangle/date:

Ownership: Bureau of Reclamation, Montana Area Office

Description:

Date of Construction:

Builder:

Source of Information:

Historical Information:

Reference:

Form Prepared by: Date:

Project Report Name:

Canyon Ferry, Montana Solicitation No. 140R6022Q0080

Attachments:

1) Topographic Map

2) Orthophoto of area

3) Image of the feature.

APPENDIX B

LOCATION MAPS

Canyon Ferry, Montana Solicitation No. 140R6022Q0080

Canyon Ferry, Montana Solicitation No. 140R6022Q0080

Canyon Ferry, Montana Solicitation No. 140R6022Q0080

Canyon Ferry, Montana Solicitation No. 140R6022Q0080

Canyon Ferry, Montana Solicitation No. 140R6022Q0080

APPENDIX C

CONTROLLED UNCLASSIFIED INFORMATION

Transmittal of Controlled Unclassified Information with the Bureau of Reclamation.

The Department of Interior (DOI) and the Bureau of Reclamation (Reclamation) share great concerns over the protection of our Information Technology Infrastructure and the data that Reclamation is responsible for. This includes data being transported, shipped, transmitted (i.e., emailed) or physically entering our network from an external media source. This data is referred to as Controlled Unclassified Information (CUI) and requires encryption to protect the information from unauthorized access.

The protection of external media is critical and poses one of the biggest risks to DOI for the protection of data confidentiality, integrity, and availability. External media is usually small, easy to use, connects to many systems, holds a lot of data, used in abundance, and is easily transported outside Reclamation where the potential is high for being lost or not returned to Reclamation facilities. Valuable, sensitive, or personally identifiable information (PII) data can be compromised if protection is not followed causing far reaching implications to Reclamation.

DOI has issued policies in the use of digital and non-digital media. Digital media includes, for example, diskettes, magnetic tapes, external/removable hard disk drives, flash drives (aka USB or Thumb drives), compact disks, and digital video disks or memory cards. Non-digital includes for example, paper and microfilm.

The Montana Area Office and the Bureau of Reclamation is implementing a change in the procedures regarding transport, transmission, and shipping of CUI. CUI must be placed on approved external media sources and be FIPS 140-2 Level 3 compliant or higher.

The FIPS 140 standard is used in designing, implementing, and operating cryptographic modules. A cryptographic module is the set of hardware, software, and/or firmware that implements security functions, such as algorithms and key generation. The standard also defines the methods for testing and validation of the modules.

The external media sources must also be hardware encrypted and include a pin or password for decryption and use.

Please see below for approved equipment and shipping methods.

Approved Equipment

1. The device will be a flash drive or external hard drive.

2. The device MUST have a FIPS 140-2 LEVEL 3 or higher validation and be HARDWARE

ENCRYPTED.

Canyon Ferry, Montana Solicitation No. 140R6022Q0080

3. The device MUST include a password or a pin number to unlock the device.

4. The password or pin MUST be mailed or emailed separately from the device.

5. The device MUST be one of the following approved vendors: Kingston Iron Key, Apricorn Aegis, Kanguru Defender.

6. Website URLs: www.ironkey.com, www.apricorn.com, www.kanguru.com

Approved Shipping Methods for Electronic Hardware and Paper Documentation

1. Must have a tracking number.

2. Must be shipped via USPS, UPS, or FedEx.

3. Must not include any identifying information about the contents of the package.

4. The tracking number must be emailed with the password or pin number.

Electronic Drafts and Documentation Sent by Email

Some documentation containing CUI may need to be exchanged between Reclamation and the Contractor by email for review, for example: draft reports, draft site forms or other documentation. DO NOT email this data via standard email.

Contact the QAE and they will provide you a link to upload the information. They will send you a link to a government encrypted email software called Kite works.

http://www.kanguru.com/

Canyon Ferry, Montana Solicitation No. 140R6022Q0080

CLAUSES

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 this/these address(es): FAR Clauses – https://www.acquisition.gov/far/

52.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

ADDENDUM TO 52.212-4

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS - (DEC 2013)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER (MAY 2011)

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727).

However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

https://www.acquisition.gov/far/ http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

Canyon Ferry, Montana Solicitation No. 140R6022Q0080

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

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Canyon Ferry, Montana Solicitation No. 140R6022Q0080

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.212-5#FAR_52_212_5

Canyon Ferry, Montana Solicitation No. 140R6022Q0080

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

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Canyon Ferry, Montana Solicitation No. 140R6022Q0080

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be https://www.acquisition.gov/far/32.608-2#FAR_32_608_2

Canyon Ferry, Montana Solicitation No. 140R6022Q0080 liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C.

4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

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Canyon Ferry, Montana Solicitation No. 140R6022Q0080

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

Alternate I (Nov 2021). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

Canyon Ferry, Montana Solicitation No. 140R6022Q0080

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

Canyon Ferry, Montana Solicitation No. 140R6022Q0080

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause-

(i) "Direct materials" means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) "Materials" means-

(A) Direct…