Heritage Solicitation.docx

2. CONTRACT NO.

3. AWARD/

EFFECTIVE DATE

12034320R0013

6. SOLICITATION

ISSUE DATE

04/10/2020

DERRICK

DODSON

b. TELEPHONE NUMBER (No collect calls) 406-329-3988

8. OFFER DUE DATE/LOCAL TIME

05/10/2020 1500 MT

9. ISSUED BY CODESOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

991420

PAGE OF

USDA FOREST SERVICE

10.

THIS ACQUISITIONIS UNRESTRICTED OR X SET ASIDE: 100.00 % FOR:

WOMEN-OWNED SMALL BUSINESSX SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

R1 REGIONAL OFFICE

26 FORT MISSOULA ROAD

HUBZONE SMALL BUSINESS

SMALL BUSINESS PROGRAM EDWOSB

NAICS:712120

MISSOULA MT 59804

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

8(A) SIZE STANDARD: $8.00

11. DELIVERY FOR FOB DESTINA- TION UNLESS BLOCK IS MARKED

X SEE SCHEDULE

15. DELIVER TO

12. DISCOUNT TERMS

CODE 0351

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)

16. ADMINISTERED BY

13b. RATING

14. METHOD OF SOLICITATION

X RFQ IFB RFP CODE 0343

BITTERROOT NATIONAL FOREST 1801 NORTH 1ST STREET HAMILTON MT 59840

USDA FOREST SERVICE R1 REGIONAL OFFICE

26 FORT MISSOULA ROAD MISSOULA MT 59804

17a. CONTRACTOR/ OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY COD

TELEPHONE NO.

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

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED SEE ADDENDUM

Regional Heritage IDIQ Delivery: 05/31/2025 Period of Performance: 06/01/2020 to 05/31/2024

Regional Heritage IDIQ

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use O

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

X ARE ARE

ARE NOT ATTACHED. ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLEX 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

MICHAEL J. LUCAS

31c. DATE SIGNED

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED

INSPECTED

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. 2/2012) BA

SERVICES AND PRICES

Schedule of Items (See attachments for Task Order Items 1 -3)

TO: Cambium Peeled Tree Sites on the Bitterroot National Forest Each

TOTAL

TOTAL

Item No.

TOTAL

Quotes may be e-mailed to ddodson@fs.fed.us, mailed or hand delivered by3:00p.m. MT, MY 10th, 2020 to:

Lolo National Forest Service Attn: Derrick Dodson 24 Fort Missoula Road Missoula, MT 59804 406-329-3988

No facsimiles will be accepted.

Basis of Award

The Government may make up to Five contract awards from this solicitation. This will be a multiple award task order contract (MATOC). The contract award selections will be based on a Best Value determination by the Contracting Officer. Evaluation factors are past performance, experience doing similar work, technical knowledge of Key Personnel, safety, quality control, and price. Non-price factors are significantly more important than price. The Experience Questionnaire will be used in the evaluation for award. The three seed projects will be used to evaluate price. Upon Award(s), the Seed Projects will be issued as Task Orders.

Contract Period and Renewal Option

Base Period is date of Award thru May 31, 2021.

Option year 1 is June 1, 2021 to May 31, 2022.

Option year 2 is June 1, 2022 to May 31, 2023.

Option year 3 is June 1, 2023 to May 31, 2024 Option year 4 is June 1, 2024 to May 31, 2025.

SPECIAL NOTES:

The bidder must bid on all items. Round to the nearest cent.

AGAR 452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18, Ordering, the Government shall place orders totaling a minimum of $1,500 per awarded contract over the life of the contract, but not in excess of $1,000,000 for all awards combined over the life of the contracts.

Idaho Use Tax

Under Clause 52.236-7, Permits and Responsibilities, Contractors shall be responsible for complying with any Federal, State, and municipal laws, codes and regulations applicable to the performance of the work. Questions regarding assessment of Idaho Use Tax on Government Furnished Property should be directed to the Idaho State Tax Commission at (208) 799-3491.

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

BACKGROUND:

The US Forest Service Region One (Northern Region) is in need of Heritage Services and Surveys. Work required by this contract will be assisting the agency in meeting Section 106 and Section 110 requirements under the National Historic Preservation Act.

SCOPE OF CONTRACT:

The Government intends to make multiple awards of Indefinite Delivery Indefinite Quantity Contracts for heritage program services. Most of the work requested will assist the agency in meeting Section 106 and Section 110 requirements under the National Historic Preservation Act. Work may be performed at any location within the Northern Region (aka Region One). This includes the Idaho Panhandle, Nez Perce- Clearwater, Kootenai, Flathead, Lolo, Bitterroot, Beaverhead-Deerlodge, Helena- Lewis and Clark, or Custer-Gallatin National Forests. It also includes the Dakota Prairie Grasslands. Work may include, but is not limited to, archaeological inventory, documentation and evaluation of heritage resources for the National Register of Historic Places, historic preservation and renovation of built- environment resources, Geographic Information System (GIS) program assistance and database management assistance.

Successful offerors MUST be capable of performing all work described, have experience working in the Upper Great Plains and Pacific Northwest (i.e. within the external boundaries of Region One) to be contemplated by this solicitation.

· Archaeological Inventory: Work includes background literature searches, pedestrian survey and/or subsurface testing, site evaluation and Section 106 report writing.

· Historic/Ethnographic Overviews: Work includes oral interviews, historic literature research, data collection and report writing.

· Architectural Surveys/Reconnaissance: Work includes field surveys, literature reviews and report writing.

· National Register Nomination: Work includes gathering the necessary data and preparing documents necessary for a historic property to be listed on the National Register of Historic Places.

· GIS/Database Management: Work includes data entry, data editing, and database creation for heritage resources in GIS and mobile GPS environments.

· Interpretive Material/Public Outreach: Work may include research and development of interpretive displays, content development assistance for phone and tablet applications, and public speaking.

PERFORMANCE:

This contract is a Performance Based, Indefinite Delivery, Indefinite-Quantity (IDIQ) 5-year Contract.

PERFORMANCE PERIOD:

Will be negotiated per individual task order

PROJECT LOCATION

Each task order will identify a project specific location. Work may be performed at any location within the boundaries of the National Forests and Grasslands in Region One.

GOVERNMENT-FURNISHED PROPERTY

To be specified in individual task orders

STANDARD SPECIFICATIONS

Archaeology All Section 106 consultation report submissions (aka archaeological inventory) must meet the requirements of the State Historic Preservation Office (SHPO) guidelines applicable for the project, unless specified otherwise in the task order. For example, a project which occurs in Montana shall adhere to the Montana SHPO guidelines, and so forth. A link of the relevant SHPO guidelines is provided below:

Idaho - https://history.idaho.gov/documents/ Montana -https://mhs.mt.gov/Shpo/Archaeology/ConsultingWith North Dakota - https://www.history.nd.gov/hp/PDFinfo/North-Dakota- SHPO-Guidelines-Manual-for- Cultural-Resource- Inventory-Projects.pdf South Dakota -https://history.sd.gov/preservation/docs/SDGuidelinesSec10611.1.pdf

Additionally, task orders requiring field survey will be required to adhere to the Forest or Grassland’s applicable Survey Inventory Strategy (SIS) document. This document outlines the extent of identification efforts required within a given project area. Class I, II, and III inventory types are not utilized by the Forest Service. The contractor will be provided access to copy of the applicable SIS document by the Forest or Grassland requesting work.

SPECIAL PROJECT SPECIFICATIONS

Project specifications applicable to individual task orders shall be provided by the task order contracting office.

PROJECT BOUNDARY MAPS

Project boundary maps applicable to individual task orders shall be provided by the task order contracting office.

KEY PERSONAL

The key personnel specified in each Task Order are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract.

No diversion shall be made by the Contractor without the written consent of the Contracting Officer: Provided that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

Key personnel must meet the following professional qualifications to be considered for the positions of this contract. Task orders will state what positions are the minimum required for completion of the work requested.

Please include a list of key personal and a resume for each person.

Staff Qualifications. The following qualifications will be considered the minimum for persons performing tasks associated with this contract. They are broken into categories depending on the nature of the task order requirements. Generally, task orders will include requests for archaeological services, historical research services, historic architectural services and technical services.

Archaeology Qualifications

Principal Investigator (PI): A principal investigator will, at a minimum, meet the Secretary of Interior Standards as outlined in 36CFR61. This includes, but is not limited to, a graduate degree in archaeology, anthropology, or closely related field plus at least one year of full-time professional experience in archaeological research, administration or management. In addition to meeting the Secretary of Interior Standards for professional qualifications in archaeology, the PI will have at least one year of experience working within the Pacific Northwest or Upper Great Plains areas. This includes work completed in Washington, Idaho, Oregon (Pacific Northwest) and Montana, North Dakota and South Dakota (Upper Great Plains).

Field Director: A field director will, at a minimum, have obtained a Bachelor’s of Arts or Bachelor’ of Science (BA or BS) in archaeology, anthropology or a closely related field and possess at least one year of full-time professional experience.

Archaeological Technician I: Also known as a “crew member,” Archaeological Technicians will possess a BA or BS in archaeology, anthropology or a closely related field. There is no prior experience requirement for an archaeological technician, but they must operate under the direct supervision of a field director.

HISTORIC RESEARCH QUALIFICATIONS:

Historian: A historian will meet the minimum qualifications outlined in the Secretary of Interior’s standards for professional qualifications. In addition to meeting the Secretary’s requirements, a historian should have prior experience working in the Upper Great Plains and/or the Pacific Northwest.

BUILT-ENVIRONMENT QUALIFICATIONS:

Architectural Historian, Architect and Historic Architect: These positions will all require contract staff to meet the minimum qualification outlined in the Secretary of Interior’s standards for professional qualifications. In addition to meeting the Secretary’s requirements, these positions should have prior experience working in the Upper Great Plains and/or the Pacific Northwest.

GIS AND INTERPRETIVE SPECIALIST QUALIFICATIONS:

GIS Specialist: A GIS specialist will have at minimum a bachelor’s degree in geography or closely related degree. Additionally, they should have experience working in the Pacific Northwest or Upper Great Plains areas. Preferably they will have experience working with heritage resources.

Interpretive Specialist: An interpretive specialist will have prior experience creating interpretive displays, interpretive text and media products and presenting interpretive material to the public.

Experience with outdoor education, and resource interpretation (especially in heritage resources) is preferred.

CONTRACT CLAUSE

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (Deviation 2017-1) (OCT 2018)

(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.

(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 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 persons 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.

(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—

(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.

(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 32.608-2 of the Federal Acquisition Regulation 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 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; 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.

(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.

AGAR 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, Ordering, the Government shall place orders totaling a minimum of $1,500, but not in excess of $1,000,000.

FAR 52.216-22 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after Oct 31, 2025 .

FAR 52.229-3 Federal, State, and Local Taxes (FEB 2013)

(a) As used in this clause—

“After-imposed Federal tax” means any new or increased Federal excise tax or duty, or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date. It does not include social security tax or other employment taxes.

“After-relieved Federal tax” means any amount of Federal excise tax or duty, except social security or other employment taxes, that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date.

“All applicable Federal, State, and local taxes and duties” means all taxes and duties, in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract.

“Contract date” means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification.

“Local taxes” includes taxes imposed by a possession or territory of the United States, Puerto Rico, or the Northern Mariana Islands, if the contract is performed wholly or partly in any of those areas.

(b) (1) The contract price includes all applicable Federal, State, and local taxes and duties, except as provided in subparagraph (b)(2)(i) of this clause.

(2) Taxes imposed under 26 U.S.C. 5000C may not be—

(i) Included in the contract price; nor

(ii) Reimbursed.

(c) The contract price shall be increased by the amount of any after-imposed Federal tax, provided the Contractor warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price, as a contingency reserve or otherwise.

(d) The contract price shall be decreased by the amount of any after-relieved Federal tax.

(e) The contract price shall be decreased by the amount of any Federal excise tax or duty, except social security or other employment taxes, that the Contractor is required to pay or bear, or does not obtain a refund of, through the Contractor’s fault, negligence, or failure to follow instructions of the Contracting Officer.

(f) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250.

(g) The Contractor shall promptly notify the Contracting Officer of all matters relating to any Federal excise tax or duty that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs.

(h) The Government shall, without liability, furnish evidence appropriate to establish exemption from any Federal, State, or local tax when the Contractor requests such evidence and a reasonable basis exists to sustain the exemption.

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates, provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years 6 months.

FAR 52.236-7 Permits and Responsibilities (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

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

The effective period of this contract is from Date of Award through May 31, 2025.

Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information.

IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors will be enrolled automatically. Contractor will subsequently receive electronic notification from IPP of enrollment. IPP password will be delivered electronically to allow first login to IPP. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

Contractor Performance Assessment Reporting System (FEB 2011)

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System (CPARS).

(b) Contact Information. At the Prework Meeting, the name and email address of the Contractor Representative will be required.

(c) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation will be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.

Idaho Workers Compensation Law

(a) Prior to award of any contract subject to Idaho Workers' Compensation Laws, the Contractor must provide a completed State of Idaho Certificate of Verification of Workers’ Compensation Insurance form to the Government. This form will be submitted to the Idaho Industrial Commission by the Government in order to assure that the Contractor in line for award has the required worker’s compensation coverage or is exempt from the requirement for coverage.

(b) A copy of the State of Idaho Certificate of Verification of Workers' Compensation Insurance form has been provided for use in the Attachments and shall be completed and submitted as part of the offer.

(c) This certificate of verification shall be fully executed by the Contractor and signed by the Industrial Commission Compliance Officer prior to award of the contract.

Task Order Awards

Task orders may be issued and administered by any individual within the USDA within the limits granted to them by their contracting officer’s warrant.

Task Order Award Procedures

1. This contact is awarded as a multiple award task order contract (MATOC), as such, each task order shall be competed amongst all contract holders. Task order solicitation shall be issued electronically via email. It is the MATOC awardees responsibility to ensure they receive the task orders solicitation and provide a prompt response. The government shall not be responsible for a MATOC awardee not being able to receive an electronically issued solicitation or a resulting task order.

2. In accordance with FAR 16.505 all awardees shall receive a fair opportunity to be considered for each order unless an exception to fair opportunity exists.

3. In the event that an awardee cannot submit an offer in response to a task order solicitation; the awardee shall notify the issuing contracting officer as to the business reason why a response was not submitted. While no mandatory requirement exists for the submission of a task order solicitation response, firms consistently declining to submit a response or failing to notify the CO as to the business reason why a response was not provided risk not having their option year exercised.

4. Some task orders may require clause coverage not included in the parent contract or may include clauses which require information to be filled-in at time of task order award. Such clauses shall be included in the task orders either by reference or in full text.

5. Contracting Officers have broad discretion to draft task order solicitations as necessary. Contracting Officers shall ensure that the task order solicitation includes all documents or at a minimum the location of documents (if located online) required for the vendor to compile an accurate response to the issued solicitation. Task order solicitations shall include at a minimum any required clauses, a detailed description of the work to be performed, to include drawings and specifications if applicable, and a reference to the applicable Wage Determination. Wage Determinations may be found at: https://beta.sam.gov/.

6. Task Orders may be awarded based on price only. However, when deemed necessary by the Government, non-price factors may be considered for basis of award. Task order solicitations shall clearly state the basis of award.

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.dm.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.203-16 Preventing Personal Conflicts of Interest (Deviation) (APR 2018) Deviation:

(e) Subcontract flowdown. The Contractor shall include the substance of this clause, including this parapragh (e), in subcontracts—

(1) That exceed $250,000

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Deviation 2017-1) (AUG 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019) (Section 889(a)(1)(A) of Pub.L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13

(3) 52.203-15

X (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APRIL 2014) (41 U.S.C. 4712) relating to whistleblower protections).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(6) [Reserved]. (7) 52.204-14, X(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 OF DIV. C).

X (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

(10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

(11) [Reserved]. (12) (i) 52.219-3,

(ii) Alternate I (NOV 2011) of 52.219-3.

(13) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (JAN 2011) of 52.219-4.

(14) [Reserved]

X (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

(ii) Alternate I (NOV 2011).

(iii) Alternate II (NOV 2011).

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

(ii) Alternate I (OCT 1995) of 52.219-7.

(iii) Alternate II (MAR 2004) of 52.219-7.

X (17) 52.219-8, Utilization of Small Business Concerns (CT 2018) (15 U.S.C.

637(d)(2) and (3)).

(18) (i) 52.219-9, Small Business Subcontracting Plan (Deviation – 4/18/2018) (AUG 2018) (15 U.S.C. 637(d)(4)).

Deviation:

(d)(11)(iii) Records on each subcontract solicitation resulting in an award of more than $250,000 [the simplified acquisition threshold], indicating--

X (ii) Alternate I (NOV 2016) of 52.219-9.

Deviation:

(iii) Alternate II (NOV 2016) of 52.219-9.

(iv) Alternate III (JAN 2017) of 52.219-9.

(v) Alternate IV (Deviation – 4/18/2018) (AUG 2018) of 52.219-9.

(d)(11)(iii) Records on each subcontract solicitation resulting in an award of more than $250,000 [the simplified acquisition threshold], indicating--

(19) 52.219-13, X (20) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C.

637(a)(14)).

(21) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(22) 52.219-27, X (23) 52.219-28, Post Award Small Business Program Representation (JUL 2013) (15 U.S.C. 632(a)(2)).

(24) 52.219-29,

(25) 52.219-30, X (26) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

(27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

X (28) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (29) (i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

X (30) (i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C.

4212).

(ii) Alternate I (JULY 2014) of 52.222-35.

X (31) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JULY 2014) (29 U.S.C. 793).

(ii) Alternate I (JULY 2014) of 52.222-36.

X (32) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

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

(34) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

X (35) 52.222-54,

(36) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

(37) 52.223-11,

(39) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (OCT 2015) of 52.223-13.

(40) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions(JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

(41) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

(42) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-16.

(43) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

(44) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(45) 52.223-21, Foams (JUN 2016) (E.O. 13693).

(46) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(ii) Alternate I (JAN 2017) of 52.224-3.

X (47) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

(48)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (MAY 2014) of 52.225-3.

(iii) Alternate II (MAY 2014) of 52.225-3.

(iv) Alternate III (MAY 2014) of 52.225-3.

(49) 52.225-5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (50) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.’s, proclamations, and statutes administered by the Office of…