MA SOW BPA 2025 Cultural Resources_sources sought.pdf

STATEMENT OF WORK

BPA for Cultural Resources Site Investigations for

Massachusetts

Revision 0

9/25/2025

Table of Contents

1 INTRODUCTION

1.1 Mission

1.2 Background

1.3 Scope

2 GENERAL REQUIREMENTS

2.1 Contractor Capabilities

2.2 Non-Personal Services

2.3 Contractor Personnel Qualifications

2.4 Location and Hours of Work

2.5 Travel

2.6 Invoicing

2.7 Identification of Contractor Personnel

2.8 Private Property Integrity

3 REQUIREMENTS/TASKS

3.1 Deliverables

3.1.1 Above Ground Resource Survey

3.1.2 Phase 1A Cultural Resources Investigation

3.1.3 Phase 1B Cultural Resources Investigation

4 QUALITY CONTROL AND QUALITY ASSURANCE

4.1 Quality Control

4.2 Quality Assurance

5 SPECIAL REQUIREMENTS

5.1 Human Remains

5.2 Pre-Survey Notification

5.3 Disposition of cultural resources materials collected

5.4 Civil Rights and Program Delivery

5.5 Health and Safety

5.6 Permits and Approvals

5.7 Government Furnished Property (GFP), Equipment (GFE), Information (GFI), and/or Services

5.8 Applicable Documents

5.9 Restrictions Against Disclosure

5.10 Organizational Conflicts of Interest

1 INTRODUCTION

The Natural Resources Conservation Service (NRCS) requires Cultural Resources Archeological Services for its customers across Massachusetts to satisfy a portion of requirements to comply with the National Historic Preservation Act of 1966 (NHPA), as amended, the National Environmental Policy Act of 1969 (NEPA), the Natural Resources Conservation Service General Manual Title 420, Part 401 – Cultural Resources (Archeological Historic Properties), the Advisory Council on Historic Preservation (ACHP):

36 CFR Part 800 – Protection of Historic Properties, historic preservation requirements and procedures, and other related authorities.

1.1 Mission

The NRCS is committed to “helping people help the land” – our mission is to provide America’s farmers and ranchers with financial and technical assistance to voluntarily put conservation on the ground, not only helping the environment but agricultural operations, too. For more information regarding the agency and its programs, visit http://www.nrcs.usda.gov/.

1.2 Background

An increase in conservation program assistance has led to the need for additional support to address a backlog of cultural resources site investigations on private lands managed by NRCS conservation program contract holders. The Blanket Purchase Agreement (BPA) will provide cultural resources archaeological services across the state of Massachusetts to support various projects and initiatives. The purpose of the BPA is to streamline the procurement process and ensure timely access to qualified cultural resources and archaeological services as needed.

1.3 Scope

The NRCS requires the provision of cultural resources site investigations with its customers across Massachusetts. The Contractor shall exhibit the ability to conduct cultural resources site investigations across Massachusetts.

The BPA will cover a wide range of cultural resources archaeological services, including but not limited to:

• Background research and literature reviews

• Architectural review of the above ground structures

• Phase 1A and Phase 1B archaeological surveys and field investigations

• Artifact analysis and laboratory studies

• Documentation, reporting, and recommendations for finding of effect or no effect for referred projects

Services may be required for various types of projects, including any of over 150 conservation practices and enhancements used in Massachusetts to conserve soil and water resources. Descriptions of conservation practices can be found in the MA Electronic Field Office Technical Guide Massachusetts | Field Office Technical Guide | NRCS - USDA.

Task Orders will be issued under the BPA to specify scope, and schedule for each project or initiative requiring Cultural Resources Archaeological Services. Task orders may vary in scope and complexity based on project requirements and regulatory considerations. Contractor(s) will be selected based on their qualifications, expertise, and capacity to fulfill the requirements of each task order.

http://www.nrcs.usda.gov/ https://efotg.sc.egov.usda.gov/#/state/MA/documents/section=1&folder=5969 https://efotg.sc.egov.usda.gov/#/state/MA/documents/section=1&folder=5969

2 GENERAL REQUIREMENTS

This section describes the general requirements for this effort.

2.1 Contractor Capabilities

The Contractor must provide or demonstrate access to the following capabilities.

1. The Contractor shall have adequate field, laboratory, and data processing equipment, including capture of information with geospatial technology such as GPS, to conduct the work within the amount of time specified.

2. The Contractor shall have access to adequate facilities for analysis, treatment, and storage of specimens and records likely to be obtained from this contract. This does not include such specialized facilities as pollen, geo-chemical, radiological laboratories, but does include adequate facilities to properly preserve or stabilize specimens for any subsequent analysis.

2.2 Non-Personal Services

The Government shall neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees, except for the site lead. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor’s responsibility to notify the Contracting Officer, in writing, immediately.

2.3 Contractor Personnel Qualifications

The Contractor shall accomplish the assigned work by employing and utilizing personnel who meet the following qualifications:

Principal Investigator

a) Responsibility: The Contractor shall provide a principal investigator who will be responsible for the performance of the work and the validity of the material presented in all investigation reports. In the event of a court challenge, the principal investigator may be called upon to testify on behalf of the Government in support of his/her findings at Government expense, at established Government rates.

b) Qualifications: The Principal Investigator will meet the Secretary of Interior’s (SOI) Standards for the specific technical specialties relevant to investigation components within the project. These qualifications include those of a Historian, an Architectural Historian, and an Archaeologist and are each defined in Federal Register Volume 48, No.

190, Part IV Department of the Interior, National Park Services, Archeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines pp. 44738- 44739 and the qualifications outlined in 950 CMR 70.10. When the SOI Standard requirements for a component of the project are not held by the Principal Investigator, an additional investigator(s) with the necessary SOI qualifications will be utilized to conduct those components of the investigation.

c) Authority: The principal investigator or alternate shall have the full authority to act for the Contractor on all contract matters relating to the daily operation of this contract.

d) Availability: The principal investigator or an alternate shall be available by phone during normal duty hours to discuss any issues relating to the work required by the contract with the contract officer.

2. Crew Chiefs: All crew chiefs and other supervisory personnel will meet the Secretary of Interior’s Standards as referenced in the 54 United States Code (U.S.C.) Section 306131 of the NHPA.

3. Employees: All Contractor personnel will carry identifying information that includes the company name and the employee’s name. The Research Team, including field supervisors, laboratory supervisors, field crew, laboratory crew, and professional consultants will work under the direction of the Principal Investigator. Qualifications for field personnel will be appropriate to the proposed undertaking and meet or exceed the qualifications set forth by 950 CMR 70.10. The Contractor is responsible for the work conducted by all personnel.

Work shall be completed in accordance with NRCS policies and procedures.

During the first ninety (90) calendar days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required below. After the initial 90-day period, the Contractor shall submit the information required below to the Contracting Officer at least 15 calendar days prior to making any permanent substitutions.

The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receiving receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

2.4 Location and Hours of Work

Accomplishment of the results contained in this SOW requires work at locations across Massachusetts.

This contracted employee may work from anywhere as long as the site investigations and deliverables are completed according to this SOW.

A work schedule will be established with the contractor on their start date. Contractor personnel shall identify themselves as “contractor(s)” during all activities associated with this SOW.

The Contractor shall be responsible for establishing their work hours under this contract, except when access to a Federal facility is required, in which case the Government may limit the Contractors access based on availability of NRCS employees.

Weather and security closures by their nature usually arise without advance notice. As such, the Government will notify the Contractor as soon as possible once any closures have been announced.

2.5 Travel

Travel across Massachusetts will be necessary to complete these field investigations. It is anticipated that some travel, including lodging, and associated M&IE and the per diem rates will be necessary.

The following NRCS-Massachusetts employees are authorized to preapprove travel estimates and approve reimbursement documents:

State Soil Scientist State Resource Conservationist

TBD TBD

The Government will provide the Contractor with a minimum of two weeks’ notice for any travel required. The Contractor is responsible for making their own travel reservations and paying the associated costs.

All travel requirements (e.g., plans, agenda, itinerary, or dates) shall be pre-approved by NRCS Massachusetts employees listed above and is on a strictly cost reimbursable basis. Costs for travel shall be billed in accordance with the cost principles at Federal Acquisition Regulation section 31.205-46 “Travel Costs” and the Federal Travel Regulation.

The Contractor shall provide a trip report and supporting documentation with the invoice for reimbursement. Travel costs must be broken down by the individual traveler and documentation supporting the costs being invoiced must be attached and clearly indicate the traveler it is associated with.

All travel costs shall be billed within 30 calendar days after travel is complete unless an approval for later billing is approved by the Contracting Officer. Failure to provide adequate documentation may result in denial of reimbursement. Local commuting costs are the responsibility of the Contractor. Travel is considered as “other direct cost”.

2.6 Invoicing

Invoices must be submitted electronically through the Invoice Processing Platform (IPP) system and in accordance with the payment clause(s) in the contract. The Assistant State Conservationist for Management and Strategy will be the IPP approver for NRCS Massachusetts.

2.7 Identification of Contractor Personnel

Contractor employees, including subcontractors, who attend meetings, send emails, answer Government telephones or place calls, or work in situations where their actions could be construed as acts of Government officials, must clearly identify themselves as Contractor employees.

2.8 Private Property Integrity

The Contractor assumes responsibility for and takes all precautions to prevent damage to the property.

3 REQUIREMENTS/TASKS

The Contractor will implement quality control measures to ensure the accuracy and reliability of data collected and analyses conducted. A peer review process may be employed to review and verify project deliverables before submission to the customer.

3.1 Deliverables

The Contractor may be asked to complete a range of cultural resources archaeological services including those listed below. Task orders will be issued under the BPA to specify scope, and schedule for each project or initiative requiring cultural resources archaeological services.

3.1.1 Above Ground Resource Survey

Requirements/Tasks:

An Above Ground Resources Survey will consist of a non-destructive site investigation and will be requested when above ground cultural resources are located within the boundaries of the APE and may be impacted. The Above Ground Resources Survey will include both background research and a site visit of structures within the APE and APVE. At a minimum, background research will include a review of MHC (Massachusetts Historical Commission) Cultural Resource Information System (MACRIS) to identify known historic structures, their listed eligibility status, and available justification of eligibility and a review and summary of prehistoric and historic cultural history and temporal periods of the area.

Visual identification and recordation will be conducted from the ground for all structures in the APE and APVE as dictated by NRCS. The appropriate inventory forms will be completed as specified in 950 CMR

70. The Contractor will identify the location/address of the structure; gather historic information; generate maps; create a historical narrative of the property and structure, and provide recommendations regarding significance, integrity, and eligibility of structures for the National Registry of Historic Places (NRHP).

Application of the criteria, considerations, and integrities utilized for evaluation are listed in 36 CFR 60.4.

The Contractor will take representative photographs of all streetscapes within the APE. The Contractor will evaluate the eligibility of the APE or portions of the APE as a historic district or a contribution to a historic district. It will be the responsibility of the Contractor to provide NRCS photographs and a written narrative of findings.

NRCS Provided Documentation:

For each Above Ground Resource Survey work order, NRCS will provide

1. Project location information.

2. Map of property indicating where proposed practices will occur.

3. A short paragraph describing the practices proposed to be installed on the property and the above ground resources to be assessed.

4. GIS shapefiles indicating APE and APVE.

5. Any special requests or information related to the specific project.

Deliverables/Schedule:

A draft report summarizing all requirements and recommendations of the Above Ground Resources Survey, including effects to known or potential historic structures in the APE and APVE, will be provided to NRCS for comment. The draft report shall be provided within 40 federal business days of receipt of task order from NRCS. The report must include the address, construction date and digital images (jpeg) of all buildings surveyed in the APE, recommendation of structures National Registry Eligible (NRE), effect of project on existing and potential NRE structures, and the historic context for the project APE. The Contractor will address all review comments provided by NRCS and provide finalized report to the NRCS CRS/CRC and designated NRCS lead for the project. Final report will be submitted within seven federal business days after receiving comments from the NRCS and will contain all the changes requested.

An Above Ground Resources Survey should be conducted by a qualified individual and to professional standards. The Contractor may make recommendations regarding NRHP eligibility, but all formal determinations of eligibility will be made by the NRCS in consultation with the SHPO and other consulting parties, as appropriate. These determinations will lead to a determination of project effects, and possibly, to the development of mitigation measures.

3.1.2 Phase 1A Cultural Resources Investigation

For Phase 1A, the Contractor will conduct the appropriate cultural resources investigation of the APE including a full report containing the following information. A review of the MHC Cultural Resource Information System (MACRIS) will be conducted to identify known historic and prehistoric archaeological sites, their listed eligibility status, available justification of eligibility status including integrities and contexts, available photography, and any available reports. Additionally, this search seeks to capture the site type, location, resource name (if any), unique identifier in MACRIS, temporal period, and cultural historic context of any known sites. A review and summary of prehistoric and historic cultural history and temporal periods relevant to the APE and vicinity will be conducted. A review and summary of topographic maps and quaternary surficial geology maps to identify areas within the APE favorable to habitation or other human activity, with consideration given to varying climatic conditions and geomorphology through time will be conducted. A review and summary of historic mapping will be conducted utilizing information sources including but not limited to historic Sanborn fire insurance maps, historic Township (Town) maps, USGS topographic maps, and any other available historic mapping depicting the location of structures to identify any current or former structure locations within the APE through all historic periods. A predictive model will be crafted for the purposes of this investigation utilizing the results of Phase 1A Archaeological Investigation. The modeling will include production of a map depicting areas of high and low potential for the presence of subsurface prehistoric cultural material deposits and features with attention to potential maximum depth of any cultural horizon. An opinion to implement a Phase 1B investigation will be provided. If a Phase 1B is determined necessary, the results of Phase 1A and deference to MHC guidelines will determine locations for shovel testing and intensity of sampling.

NRCS Provided Documentation:

For each Phase 1A Cultural Resources Investigation work order, NRCS will provide

2. Map of property indicating where proposed practices will occur.

3. A short paragraph describing the practices proposed to be installed on the property.

4. GIS shapefiles indicating APE.

The Contractor will provide the CRS/CRC and NRCS lead with a draft report containing documentation for the Government to make an informed determination of effect so that any reviewing parties can understand its basis. This documentation shall follow standard report format and will include, at a minimum, the information described in 950CMR 70.14 and 36 CFR Part 800.11(d) or (e) depending on the finding. The Contractor will transmit the draft report in .pdf format electronically to the CRS/CRC and NRCS lead according to the order. Draft report will be submitted within 15 federal business days of receipt of task order from NRCS.

Upon making any necessary changes and/or additions to the draft report as requested by the CRS/CRC, a final report in .pdf format will be submitted electronically to the CRS/CRC and NRCS lead according to the order. Reports will include color maps and photos of the project. Site forms shall be included as a separate appendix when appropriate. The final report will be submitted within seven federal business days after receiving comments from the NRCS and will contain all the changes requested.

3.1.3 Phase 1B Cultural Resources Investigation

Phase 1B Archaeological Investigation will be conducted as required to fulfill Section 106 of the NHPA and NRCS cultural resource policy for the purpose of locating and delineating any subsurface structural remnants, historic cultural material deposits, and prehistoric cultural material deposits and features for enrolled parcels within the Project Area. In addition to the stipulations listed within this SOW, the MHC guidelines will inform Phase 1B methodologies. A complete application for an archeological permit must be submitted to the Massachusetts State Archeologist and approved before any survey is started.

Sampling intensity and methodology will be compliant with all MHC standards of practice, and any additional requirements stipulated in this SOW. If there are exposed soils within or near the area of potential effect, a systematic surface survey will be conducted to identify precontact or historic artifacts and cultural features. If there are no exposed soils or if deep archeological deposits are anticipated, shovel test pits (stp) will be excavated to identify buried archeological remnants and placed at a maximum of 10-meter intervals. Each stp will measure 50 centimeters square and will be excavated by stratigraphic layer down to culturally sterile soil layers preferably using a flat-nosed shovel. Subsurface testing must be excavated to the depth of sterile subsoil layer to cover the vertical extent of the APE and must be backfilled upon completion. If alluvial soils are identified within the APE, subsurface testing must be to the depth of ground disturbance.

Shovel tests will be given individual identifiers using a consistent format which can take the form of grid coordinates (e.g. 100mN,100mE) or transects and sequential shovel tests (e.g., Transect A, Shovel Test 1).

Shovel test locations and areas unable to be shovel tested will be discussed in the text of the report and identified in mapping that overlays defined high and low probability areas. This mapping will be included in the report appendices. Locations where shovel testing is not possible will have justification(s) noted.

Each shovel test will be recorded in tabular form and included in the report appendices.

Each shovel test entry will include termination depth and depth of soil changes. Soil horizons will be described using Munsell soil color designations. Soil texture (i.e., sand, clay, silt components) will be noted for each soil horizon in shovel tests.

Any surface artifacts should be collected, labeled, and mapped by site, location, and stratigraphic context. Any excavated archeological materials should be recovered and labeled according to shovel test pit number and soil horizon or by test unit, layer, level and quadrant.

Excavation locations and any artifacts or cultural features should be recorded on project maps using a GPS receiver capable of sub-meter accuracy. The coordinates will be included in the shovel test record table.

Cultural material analysis will comply with all MHC standards of practice. An artifact catalogue will be created and will be placed in report appendices. The catalogue will include but is not limited to a description of the object that includes material category, functional category (if known), date ranges (if known), records of the find location (shovel test identifier and UTM coordinates). Cultural materials will be assigned to a site or recorded as an isolated find. All artifacts are the property of the landowner and shall be returned to the property following reporting.

NRCS Provided Documentation

For each work order, NRCS will provide

2. Map of property indicating where proposed practices will occur.

3. A short paragraph describing the practices proposed to be installed on the property.

4. GIS shapefiles indicating APE and proposed practices.

5. Required scope

5.1 For shovel testing, extent of survey area and required testing interval

5.2 For pedestrian surveys, acreage and transect interval

6. NRCS contact for site access and schedule coordination with landowner.

7. Any special requests or information related to the specific project.

The Contractor will apply for MHC State Archeologist Permit within 7 business days of the effective date of the specific task order. The Contractor shall provide a copy of the issued permit to the NRCS State Cultural Resources Specialist and notify NRCS of the planned field work schedule

Fieldwork shall be completed within 30 business days of issuance of State Archeologist Permit.

The Contractor shall immediately notify the NRCS if exceptions to the schedule or specified tasks are required due to weather or other unforeseen conditions such as frozen ground, snow cover, or farm operations.

The Contractor will provide the CRS/CRC and NRCS lead with a draft report containing documentation for the Government to make an informed determination of effect so that any reviewing parties can understand its basis within 20 business days of completion of fieldwork. This documentation shall follow standard report format and will include, at a minimum, the information described in 950 CMR 70.14 and 36 CFR Part 800.11(d) or (e) depending on the finding. The Contractor will transmit the draft report in .pdf format electronically to the CRS/CRC and NRCS lead according to the order.

Upon making any changes and/or additions to the draft report as requested by the CRS/CRC, a final report in .pdf format will be submitted electronically to the CRS/CRC and NRCS lead according to the order. All reports will include color maps and photos of the project. Summary reports will include all items outlined in 950 CMR 70.14. Site forms shall be included as a separate appendix when appropriate. Final report will be submitted within seven federal business days after receiving comments from the NRCS and will contain all the changes requested.

Payment for Deliverables:

100% payment is due upon acceptance of the final report with the invoice for review and approval. The Contractor must also submit the invoice into the Invoice Processing Platform (IPP).

Title to all data recovered or generated under this work is vested in the Government.

4 QUALITY CONTROL AND QUALITY ASSURANCE

4.1 Quality Control

The Contractor shall establish and maintain a complete Quality Control Plan to ensure the requirements of the contract are delivered as specified. One copy of the Contractor’s Quality Control Plan shall be provided to the contract officer as part of the Contractor’s proposal. An updated copy must be provided to the contract officer on the start date and if changes occur.

4.2 Quality Assurance

The Cultural Resources Specialist (CRS) or Cultural Resources Coordinator (CRC) will monitor the Contractor’s performance by inspecting, accepting, or rejecting the services as required by this contract.

The Government will evaluate the Contractor’s performance under this contract using the method of surveillance deemed appropriate. If the Government reveals that any contract provision has not been met, a Contract Discrepancy Report (CDR) shall be prepared.

The principal investigator may be required to meet periodically with the CRS/CRC and the contract officer during the contract. Meetings shall be as often as necessary as determined by the contract officer.

However, if the Contractor requests, a meeting will be held whenever a negative performance evaluation is issued. The meetings shall focus on performance, actual or potential problems. A mutual, good faith effort shall be made by all parties to resolve all issues. The Contractor, contract officer, and CRS/CRC shall sign the written minutes of these meetings. If the Contractor does not concur with the written minutes, notice of non-concurrence shall be provided to the contract officer. This notice shall be in writing and provided within seven federal business days of receipt of the minutes.

If any consulting parties contact the Contractor directly regarding projects, the Contractor will notify the CRS/CRC and forward all relevant correspondence to the CRS/CRC. If the Contractor has questions regarding projects, the Contractor must contact the CRS/CRC.

5 SPECIAL REQUIREMENTS

This section describes the special requirements that apply to this contract. The following sub-sections provide additional detail for each requirement.

5.1 Human Remains

In the event that human remains are encountered during construction or archaeological investigations, the Contractor must stop and contact NRCS and the local Sheriff’s office immediately. NRCS will not take possession of Native American burial sites, human remains, or funerary objects discovered.

• At all times human remains must be treated with the utmost dignity and respect. Should human remains be encountered, work in the general area will stop immediately and the location will be immediately secured and protected from damage and disturbance.

• Human remains or associated artifacts will be left in place and not disturbed. No skeletal remains or materials associated with the remains will be collected or removed until appropriate consultation has taken place and a plan of action has been developed.

• The county coroner and local law enforcement and the SHP and the involved agency will be notified immediately. The coroner and the local law enforcement will make the official ruling on the nature of the remains, being either forensic or archeological. If the remains are archeological in nature, a bioarcheologist will confirm the identification as human.

• If human remains are determined to be Native American, the remains will be left in place and protected from further disturbance until a plan for their protection or removal can be generated. The involved agency will consult SHPO and appropriate Native American groups to determine a plan of action that is consistent with the Nativ American Graves Protection and Repatriation Act (NAGPRA) guidance.

• If human remains are determined to be Euro-American, the remains will be left in place and protected from further disturbance until a plan for their avoidance or removal can be generated. Consultation with the SHPO and other appropriate parties will be required to determine a plan of action.

5.2 Pre-Survey Notification

The farm owner must be notified prior to crews entering the property for survey. This notification will be completed by NRCS personnel. In general, a three (3) day notice will be required prior to fieldwork, so the Contractor must notify the NRCS State Cultural Resources Specialist of when fieldwork is scheduled to ensure that the farm owner is provided with the proper notice. Additionally, the State Cultural Resources Specialist will provide the Contractor with contact information for staff at the appropriate NRCS Field Office for that County. At least one NRCS staff member will meet with the Contractor at the farm to accompany the Contractor during at least the beginning portion of the field visit and will provide any details regarding access to the survey area or other necessary information. The Contractor should arrange with the appropriate field office of an approximate time to meet at the property or other meeting point. NOTE: The NRCS staff member is not there to provide oversight of the cultural resource fieldwork. Their purpose is to serve as a liaison between the property owner and the Contractor as a trust relationship exists between the NRCS staff and the property owners that they routinely work with. Due to the requirement of the presence of an NRCS staff member during the field investigations, work must be limited to Government workdays, typically consisting of a Monday-Friday work week.

5.3 Disposition of cultural resources materials collected

All artifacts found during the field investigation are the property of the landowner and will be returned to the landowner after analysis is completed.

5.4 Civil Rights and Program Delivery

The Contractor shall ensure that personnel prohibit discrimination in all aspects of programs and activities related to this Contract on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, or marital or family status. The Contractor shall employ only persons able to speak, read, write, and understand English fluently for those positions interacting with Government personnel and customers in the performance of this contract, and where English is necessary to provide a service under this contract.

5.5 Health and Safety

The Contractor is required to perform work in accordance with all applicable United States Department of Labor, Occupation Safety and Health Administration standards, including taking necessary precautions to protect people and livestock from injury caused by falling into open shovel test probes or test units.

• Contractors will adhere to health and safety protocols to ensure the well-being of personnel during fieldwork and other activities.

• Safety plans and procedures will be developed and implemented as needed to mitigate risks associated with archaeological fieldwork.

5.6 Permits and Approvals

The Contractor will obtain all necessary permits and approvals from regulatory agencies and stakeholders prior to initiating field surveys and other project activities.

5.7 Government Furnished Property (GFP), Equipment (GFE), Information (GFI), and/or Services

The Government will make the following available to the Contractor:

1. Project location information.

2. Map of farm indicating where proposed practices will occur.

3. A short paragraph describing the practices proposed to be installed on the property. The paragraph will include the measurement unit (acres, linear feet, or number) for each practice.

4. GIS shapefile for each specified location that includes the survey area that will need to be included in the identification survey.

The Contractor shall establish and implement procedures to ensure all GFP/GFE, to include laptops and other data processing devices if applicable, issued to the Contractor by the Government are not lost or misplaced, are not used by unauthorized persons or are not subject to unauthorized external devices. The Contractor shall immediately report to the Contracting Officer any occurrences of lost GFP/GFE immediately upon discovery. In the event that GFP/GFE is lost, the Contractor may be required, upon written direction of the Contracting Officer, to replace the equipment at no additional cost to the Government. Alternatively, the Government may replace the equipment and deduct the cost from a future invoice or issue a debt notice to the Contractor.

5.8 Applicable Documents

The Contractor shall comply with all documents listed below:

• Archaeology and Historic Preservation: Secretary of Interior’s Standards and Guidelines

• National Historic Preservation Act, Section 106

• 36 CFR 800; Protection of Historic Properties

• NRCS National Cultural Resources Procedures Handbook

• NRCS General Manual 420 Part 401

• NRCS National Environmental Compliance Handbook

• 950 CRM 70 – Massachusetts historical Commission Guidance

• 36 CFR 60.4 – 60.6 national Register of Historic Places Evaluation Criteria Considerations and

Integrities

5.9 Restrictions Against Disclosure

The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor’s possession, to those employees needing such information to perform the work provided herein (e.g., on a "need to know" basis). The Contractor shall to immediately notify the Contracting Officer, in writing, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

The Contractor agrees not to disclose any information concerning work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The

Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

Performance of work may involve access to potentially sensitive information about governmental and landowner issues. All Contractor personnel shall comply with the terms of AGAR clause 452.224-70 (Confidentiality of Information), as well as provisions of the Privacy Act of 1974 (5 U.S.C. 552a) Additionally, the Contractor’s personnel shall comply with privacy of personal information relating to agency programs in accordance with Section 1244 of Title II of the Farm Security and Rural Investment Act of 2002 (P.L. 107-171) and Section 1619 of Title I of the Food, Conservation, and Energy Act of 2008. The Contractor’s employees shall not disclose contents of agency case files and/or records to anyone other than authorized United States Department of Agriculture employees without the express written consent of the Freedom of Information Act and Privacy Act Officer, through the Contracting Officer.

5.10 Organizational Conflicts of Interest

The Contractor acknowledges that it is familiar with Federal Acquisition Regulation (FAR) Subpart 9.5, Organizational and Consultant Conflicts of Interest, and agrees to avoid, neutralize or mitigate such conflicts of interest in accordance with the principles set forth in the FAR. If the performance would require the Contractor, including subcontractors, to provide services related to systems or projects with which the Contractor is already directly concerned, either by prime or subcontract, that would cause an organizational conflict of interest, the Contractor shall immediately notify the Contracting Officer, in writing, and not perform the work until direction is provided by the Contacting Officer.