HeritageIDIQ.docx

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Issuing Office:

US Forest Service Northern Region - AQM 24 Fort Missoula Road Missoula, MT 59804

Offers Are Solicited For:

IDIQ Heritage Program Services for the Northern Region (Region One)

IMPORTANT - NOTICE TO OFFEROR

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in this OFFEROR REFERENCE COPY. This copy should be retained by offerors.

FS-6300-45 (11/79)

TABLE OF CONTENTS

PART I - THE SCHEDULE SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES

B- 1 - Schedule of Items B- 2 - Payment for Bond Premiums B- 3 - Minimum and Maximum Contract Amounts

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 - Scope of Contract C- 2 - Project Location C- 3 - Price Range C- 4 - Government-Furnished Property C- 5 - Standard Specifications C- 6 - Special Project Specifications C- 7 - Drawings

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 - Clauses Incorporated by Reference

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 - Clauses Incorporated by Reference Commencement, Prosecution, and Completion of Work Period of Performance F- 2 - Effective Period of the Contract

SECTION G - SPECIAL CONTRACT REQUIREMENTS SECTION H - SPECIAL CONTRACT REQUIREMENTS H- 1 - Clauses Incorporated by Reference Use of Premises Physical Data H- 2 - Key Personnel H- 3 - Fire Control H- 5 - Incidental Payment Items H- 6 - Conformity with Drawings and Specifications H- 7 - Local Material Sources H- 8 - Samples, Tests, Cited Specifications H- 9 - Barricades, Warning Signs, and Other Devices H-10 - Weed Free Equipment H-11 - Landscape Preservation H-12 - Contractor Performance Assessment Reporting System H-13 - Contractor Workforce Certification H-14 - Prework Conference

PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES

I- 1 - Clauses Incorporated by Reference I- 2 - Reporting Executive Compensation and First-Tier Subcontract Awards I- 3 - System for Award Management Maintenance I- 4 - Updates of Publicly Available Information Regarding Responsibility Matters I- 5 - Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants Alternate I I- 6 - Ordering I- 7 - Order Limitations I-8 - Indefinite Quantity I-9 - Option to Extend Services I-10 - Option to Extend the Term of the Contract I-11 - Affirmative Procurement of Biobased Products Under Service and Construction Contracts I-12 - Estimate of Percentage of Recovered Material Content for EPA - Designated Products I-13 - Buy American Act - Construction Materials I-14 - Alternative Payment Protections I-15 - Performance and Payment Bonds - Construction I-16 - Alternative Forms of Security I-17 - Insurance Coverage I-18 - Insurance Coverage Alternate I I-19 – Federal, State, and Local Taxes I-20 - Reimbursement For Bond Premiums - Fixed Price Construction Contracts I-21 - Providing Accelerated Payment to Small Business Subcontractors I-22 - Permits and Responsibilities I-23 - Authorized Deviations in Clauses I-24 - Order of Precedence - Construction

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS SECTION J - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS J- 1 – Attachment A J- 2 – Attachment B J- 3 – Attachment C PART IV - REPRESENTATIONS AND INSTRUCTIONS SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS AND RESPONDENTS

K- 1 - Annual Representations and Certifications K- 2 - Information Regarding Responsibility Matters K- 3 - Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Alternate I K- 4 - Local ContractorCertification

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS AND RESPONDENTS

L- 1 - Solicitation Provisions Incorporated by Reference L- 2 – System for Award Management L- 3 - Inquiries L- 4 - Instructions for the Preparation of Technical and Business Proposals L- 5 - Amendments to Proposals L- 6 - Type of Contract L- 7 - Davis-Bacon Act—Secondary Site of the Work L-8 - Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity For Construction L-9 - Notice of Buy American Act Requirements - Construction Materials L-10 - Service of Protest L-11 - Site Visit (Construction) Alternate I L-12 - Preparation of Proposals – Construction L-13 - Authorized Deviations in Provisions

SECTION M - EVALUATION FACTORS FOR AWARD

M- 1 - Evaluation Criteria M- 2 - Award Statement M- 3- Evaluation of Options M- 4 - Evaluation Quantities—Indefinite Delivery Contracts

SOLICITATION, OFFER, AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

12034320R0007

2. TYPE OF SOLICITATION SEALED BID (IFB)

x NEGOTIATED (RFP)

3. DATE ISSUED

03/16/2020

PAGE OF PAGES

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

991420

6. PROJECT NO.

USDA FOREST SERVICE R1 REGIONAL OFFICE

26 FORT MISSOULA ROAD MISSOULA MT 59804

9. FOR

INFORMATION

CALL:

b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 406-329-3988

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

11. The Contractor shall begin performance award, x notice to proceed.

The performance period is calendar days and completeit within calendar days after receiving mandatory x negotiable.

(See

12a.

THE

CONTRACTOR

MUST

FURNISH

ANY

REQUIRED

PERFORMANCE

AND

PAYMENTBONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

YES

x

NO

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers inoriginal and 1 copies to perform the work required are due at the place specified in Item 8 by 1500 (hour) local time

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing lessthan 0 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

NSN 7540-01-155-3212 STANDARD FORM 1442 (Rev. 4-85) Prescribed by GSA FAR(48 CFR) 53.236-1(d)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum

AMOUNTS

)requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

18. The offeror agrees to furnish any required performance and paymentbonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

Continued...

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

USDA FOREST SERVICE R1 REGIONAL OFFICE

26 FORT MISSOULA ROAD MISSOULA MT 59804

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT

(Contractor is required to sign this document and return 1 copies to issuingoffice.)

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations,

29. AWARD

(Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

MICHAEL J. LUCAS

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

12034320R0007

PAGE OF

NAME OF OFFEROR OR CONTRACTOR

ITEM NO. (A)

SUPPLIES/SERVICES (B)

QUANTITY (C)

UNIT (D)

UNIT PRICE (E)

AMOUNT (F)

Regional Heritage IDIQ Delivery: 06/01/2020 Delivery Location Code: 0351 BITTERROOT NATIONAL FOREST 1801 NORTH 1ST STREET HAMILTON MT 59840 US

Period of Performance: 06/01/2020 to05/31/2025

Regional Heritage IDIQ

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES

IDIQ Heritage Program Services for the Northern Region (Region One), Montana, Idaho, North Dakota and South Dakota

B- 1 *Schedule of Items BASE Year – (June 1, 2020 – May 31, 2021)

**METHOD

62201a Archaeology Principal Investigator (PI)

AQ

HR

62201h Geographic Information Systems Specialist

AQ

Option Year 1 – (June 1, 2021 – May 31, 2022)

**METHOD

Archaeology Principal Investigator (PI)

AQ

Geographic Information Systems Specialist

AQ

Option Year 2 – (June 1, 2022 – May 31, 2023)

**METHOD

Archaeology Principal Investigator (PI)

AQ

Geographic Information Systems Specialist

AQ

Option Year 3 – (June 1, 2023 – May 31, 2024)

**METHOD

Archaeology Principal Investigator (PI)

AQ

Geographic Information Systems Specialist

AQ

Option Year 4 – (June 1, 2024 – May 31, 2025)

**METHOD

Archaeology Principal Investigator (PI)

AQ

Geographic Information Systems Specialist

AQ

· The line items in the table above represent common professional positions utilized on heritage program projects. Offerors shall list professional labor rates to be used in conjunction with a heritage task order.

Prices shall be fixed for the life of the contract and applicable to individual task orders when required.

** Designated Method of Measurement:

DQ – Designed Quantities; AQ - Actual Quantities, LSQ - Lump Sum Quantities; SQ – Staked Quantities; CQ – Contract Quantities

B- 2 Payment for Bond Premiums

Note: Payment for bond premiums in accordance with FAR Clause 52.232-5, Payment Under Fixed-Price Construction Contracts, shall not be in addition to the contract price.

B- 5 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 $25,000,000 for all awards for all contracts.

PART I - THE SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS

C- 1 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.

C- 2 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.

C- 3 Price Range

The maximum award amount for all contracts and all option years is $1 million. The contracts will be managed on a total IDIQ contract basis in lieu of an individual contract basis. No task orders may be awarded after the cumulative total contract amount has reached the maximum award amount.

Price ranges will be established on individual task orders.

C- 4 Government-Furnished Property

To be specified in individual task orders.

C- 5 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 providedbelow:

Additionally, task order 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.

C- 6 Special Project Specifications

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

C- 7 Project Boundary Maps

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

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 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.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 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.usda.gov/procurement/policy/agar.html.

Clauses requiring information to be filled-in shall be included in individual task orders in full text with the appropriate information added.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.236-1 Performance of Work by the Contractor (APR 1984) AGAR 452.211.74 Period of Performance (FEB 1988) AGAR 452.211-75 Effective Period of the Contract (FEB 1988)

F- 2 Contract Period:

Base Year: Option Year 1:

Option Year 2:

Option Year 3:

Option Year 4:

June 1st 2020 – May 31st 2021 June 1st 2021 – May 31st, 2022 June 1st 2022 – May 31st, 2023 June 1st 2023 – May 31st, 2024 June 1st 2024 – May 31st, 2025

PART I - THE SCHEDULE

SECTION G – CONTRACT ADMINISTRATION

G – 1 Payments and Invoices

All invoices shall be submitted via the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions found at the websites listed below on how to register and submit invoices via IPP. Paper copies of invoices will no longer be accepted. This is a mandatory requirement initiated by the U.S. Department of Agriculture. Failure to comply with this direction may result in late or delayed payments.

You can find more information at https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

G – 2 Task Order Awards

Task orders awarded against the IDIQ contracts will be administered by contracting officers in the Northern Intermountain Acquisition Team in accordance with the limitations of their individual contract warrants.

G - 3 Davis-Bacon Wage Determinations

No Davis-Bacon (D-B) Wage Determinations are included in this solicitation or subsequent contract awards. Applicable D-B wage determinations shall be incorporated into individual task orders at the time of award.

G – 4 Task Order Clauses

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.

G-5 Task Order Award Procedures

Task orders awarded against IDIQ contracts resulting from this solicitation shall be competed amongst all awardees. The task order solicitation shall be provided to each awardee either electronically or by hard copy.

PART I - THE SCHEDULE

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 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.usda.gov/procurement/policy/agar.html.

Clauses requiring information to be filled-in shall be included in individual task orders in full text with the appropriate information added.

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996)

Use of Premises

The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform the contract in such a manner as not to interrupt or interfere with the conduct of Government business.

FAR 52.236-4 Physical Data (APR 1984)

H- 2 Key Personnel

The key personnel specified in the Offeror’s Technical Proposal 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 listed in Section B of this contract. Task orders will state what positions are the minimum required for completion of the work requested.

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.

H- 3 Fire Control

(a) Fire wise practices: At all times the contractor must be aware of potential fire danger and the risk factors associated with contracted activities. Vehicles should be parked in turnouts free of brush and high grasses, especially during fire restriction periods.

(b) Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to the Contractor’s operation under the contract.

(1) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each vehicle used in connection with this contract, including automobiles, trucks, etc. shall be equipped with serviceabletools and fire extinguishers as follows:

One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating. One - shovel, round point #0 lady or equal.

One - ax, 2 pounds or over, 26-inch minimum length, or one Pulaski.

One - water container (at least 1-gallon capacity), not required with stationary equipment.

(2) Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(3) When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. During these periods, all high fire risk operations could be terminated at 1300 local time, access to certain areas may be restricted and fieldwork may be delayed to a later period when Hoot Owl restrictions are removed. Delays in work may require an adjustment of deliverables of the contract to reflect the lost time.

H- 5 Incidental Payment Items

The intent of the contract is to provide for the complete construction of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

H-10 Weed-Free Equipment

In order to prevent the potential spread of noxious weeds into the project area, the Contractor shall ensure that all vehicles entering NFS lands have been washed, including undercarriage spray, prior to entering NFS lands. Any time a vehicle enter an area managed a different Forest or Grassland, it will be washed prior to returning to the host Forest or Grassland.

H-11 Landscape Preservation

(a) The Contractor shall confine operations of motorized vehicles to existing roads and shall adhere to all travel management requirements of the host Forest or Grasslands. Administrative access (behind closed gates) may be provided at the discretion of the line officer responsible for NFS lands in which the project is located.

(b) Operation of motorized vehicles shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

H-12 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.

H-13 Contractor Workforce Certification

Upon the request of the Contracting Officer, the Contractor shall submit a written report containing the following elements:

· Contractor Name and Address

· Contract Number

· Date of Report

· Identification of individual Contractor and Subcontractor employees, and identification of the city and state in which each individual employee maintains a primary residence.

· The following statement: “I hereby certify that this list identifies all Contractor employees and subcontractor employees engaged in performance of this contract, and that the information contained in this report is accurate as of the date of this report.”

· Contractor signature and date of signature.

H-14 Prework Conference

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES

I- 1 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.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

1997)

Whistleblower Rights (SEPT 2013)

Suspended, or Proposed for Debarment (AUG 2013)

1995)

(MAY 2008)

(APR 1984)

(SEPT 1996)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

I- 2 FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013)

(a) Definitions. As used in this clause:

“Executive” means officers, managing partners, or any other employees in management positions.

“First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect costs.

“Months of award” means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.

“Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board’s Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006(Pub.

L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008(Pub.

L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(c) Nothing in this clause requires the disclosure of classified information

(d) (1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) database (FAR provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of

1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (h) of this clause, by the end of the month following the month of award of a first- tier subcontract with a value of $25,000 or more, the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.)

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(vi) Subcontract number (the subcontract number assigned by the Contractor).

(vii) Subcontractor’s physical address including street address, city, state, andcountry. Also include the nine-digit zip code and congressional district.

(viii) Subcontractor’s primary performance location including street address, city,state, and country. Also include the nine-digit zip code and congressional district.

(ix) The prime contract number, and order number if applicable.

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) Treasury account symbol (TAS) as reported in FPDS.

(xiv) The applicable North American Industry Classification System code (NAICS).

(3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor’s preceding completed fiscal year at http://www.fsrs.gov , if—

(i) In the subcontractor’s preceding fiscal year, the subcontractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $25,000 to avoid the reporting requirements in paragraph (d).

(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires.

(g) (1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor.

(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this information.

I- 3 FAR 52.204-13 System for Award Management Maintenance (JUL 2013)

(a) Definitions. As used in this clause—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal contractors.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4- character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process;and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR Subpart 4.14; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c) (1) (i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.