N6247320R0054_Solicitation.pdf

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98 - 104 X H 105 - 107 ryan.kenniff@navy.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 107

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N62473 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 4 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

Section L instructions conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

RYAN KENNIFF (619)532-1236

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 4

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

5 - 64 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

66 - 69

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 70 - 72 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 73 - 74 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

75 - 87

PART II - CONTRACT CLAUSES

NAVFAC SOUTHWEST

ENVIRONMENTAL CONTRACTS CORE

CODE ECOMP

937 NORTH HARBOR DRIVE

SAN DIEGO CA 92132-5190

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.

ACQR5644804

5. DATE ISSUED

05 May 2020

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N6247320R0054

Section A - Solicitation/Contract Form

SUMMARY

1. This contract will be for a base ordering period of twenty-four (24) months. The optional ordering periods are only valid when an Option period is exercised by the Government, in accordance with the terms and conditions of the contract (reference FAR Clauses 52.217-8 and 52.217-9).

2. The period of performance for ordering by the Government is set in Section F herein, and the schedule as follows:

Base Ordering Period 24 months First Option Ordering Period (If Exercised) 36 months Second Option Ordering Period (If Exercised) 36 months Option to Extend Ordering (52.217-8) (If Exercised) 6 months

3. The total contract value shall not exceed (NTE) $15,000,000.00 in aggregate of all the Indefinite Delivery, Indefinite Quantity (IDIQ) contracts and orders awarded under the Marine Habitat Services, Multiple Award, IDIQ contracts.This will be a 100% IDIQ ordering contract.

4. Summary: For offerors, solicitation instructions are found at Section L, and they identify the items needed from Sections B, J, K, and M. The contract’s administrative deliverables can be found at Sections C, F, H, and I.

Invoicing procedures and policies can be found in Sections G and I, respectively. Orders will be issued as part of this IDIQ contract that will define service requirements, schedules and milestones, and the firm-fixed-prices for payments; ordering procedures and performance objectives are found in Section C.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Each

MARINE HABITAT SERVICES

FFP

The requirement is for services to survey, map, transplant, and monitor marine habitats at locations in California, including obtaining permits as required and producing deliverables as requested. The types of marine habitat services that may be ordered under this line item include, but are not limited to, the following:

marine biological monitoring, surveying, and mapping ranging from intertidal to deep water; eelgrass surveying, mapping, transplanting, and monitoring; natural resources management plans; aerial photo interpretation of water use and natural resources; integration of geographic information systems (GIS) into monitoring, surveys, and reporting; and supporting research-services on natural resource related topics. The period of performance is for a Base Period and the Option periods. This is for an Indefinite Delivery/Indefinite Quantity type contract with Firm-Fixed-Priced Exhibit Line Item Numbers (ELIN) (Exhibits A through D, ELINS A001 through D062), that also has Negotiable ELIN for ordering (e.g.

ELIN A063). The Maximum dollar value for all contracts awarded for all years is Not to Exceed $15,000,000.00.

FOB: Destination

PURCHASE REQUEST NUMBER: ACQR5644804

PSC CD: F099

MAX

NET AMT

SUPPLEMENTAL ITEMS

Orders will be issued on DD1155 forms, and shall be Firm-Fixed-Price. The majority of orders will be from the services associated with pre-priced Exhibit Line Item Numbers (ELIN), as fixed at the time of award. Prices of the ELIN are designed to change at the exercise of an option, but the $15 Million capacity is the maximum for the entire multiple-award contract’s ordering period.

Offerors must use the ELIN format published with the Solicitation.

Limited to a total of $1.5 Million for the Solicitation, utilization of the following ELIN will be used for capturing the negotiation on non-pre-priced services for the Firm-Fixed-Price of Orders: A063, B063, C063, and D063. The limitation of these ELIN will not impede the Government from ordering pre-priced ELIN (i.e. Annex 1800, Spec Item 4) within the $15 Million ordering capacity, and so the allotment for Non-Pre-Priced ordering may reduce below $1.5 Million throughout the ordering period.

For administrative convenience of the Government, option periods will be consolidated into one (1) electronic CLIN to ensure ease of facilitating the $15 Million maximum capacity. The separate line items listed have fixed periods of performance, but there will only be one CLIN listed throughout for convenience.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Annex 0100000 – General Information

Spec Item 1 General Information Description:

The work is for services to survey, map, transplant, and monitor marine habitats, including obtaining permits as required and producing deliverables as requested. Services are intended for Navy and Marine Corps installations within California’s coastal areas, but other locations may receive services upon negotiated agreement. The types of marine habitat services that may be ordered under this requirement include, but are not limited to, the following:

marine biological monitoring, surveying, and mapping ranging from intertidal to deep water; eelgrass surveying, mapping, transplanting, and monitoring; natural resources management plans; aerial photo interpretation of water use and natural resources; integration of geographic information systems (GIS) into monitoring, surveys, and reporting; and supporting research services on natural resource related topics.

All of the work will be ordered by issuance of a written Orders issued by the NAVFAC Contracting Officer.

Spec Item 1.1 Outline of Services Description:

Except where otherwise stated, the Contractor shall furnish all labor, management, supervision, tools, materials, equipment, incidental engineering, travel and transportation, and other items necessary to provide the services outlined below and described in this Performance Work Statement (PWS) in California, unless otherwise indicated within an Order. Work is intended to be awarded as pre-established fixed price line items as often as practicable.

The PWS is organized into annexes: Annex 1 is "General Information", Annex 2 contains the on-site project management and administration requirements, and Annex 18 sections contain the technical requirements, including Performance Objectives and Performance Standards that define the services required.

Annex 1 General Information Annex 2 Management and Administration Annex 3 Command and Staff (N/A) Annex 4 Public Safety (N/A) Annex 5 Air Operations (N/A) Annex 6 Port Operations (N/A) Annex 7 Ordnance (N/A) Annex 8 Range Operations (N/A) Annex 9 Health Care Support (N/A) Annex 10 Supply (N/A) Annex 11 Personnel Support (N/A) Annex 12 Morale, Welfare and Recreation Support (N/A) Annex 13 Galley (N/A) Annex 14 Housing (N/A) Annex 15 Facilities Support (N/A) Annex 16 Utilities (N/A) Annex 17 Base Support Vehicles and Equipment (N/A) Annex 18 Environmental

Spec Item 1.2 Acquisition of Additional Work Description:

The Government reserves the right to acquire additional services at additional locations, within the scope included in Spec Item 1.1 Outline of Services, in addition to the services and locations identified in the requirements of this contract. Additional services will be incorporated into the contract in accordance with the CHANGES clause of SECTION I, or ordered under the non-recurring work provisions of the contract (i.e. Annex 1800 Spec Item 3).

Items of work not covered by this contract but within the general intent are considered to be within the scope of this contract.

Spec Item 1.3 Background Information Description:

Background Information (location, surrounding communities, description of Installations and Commands, Natural and Cultural Resources, etc.) will be provided per individual Order.

Spec Item 1.4 Navy PBSA Approach Description:

The Navy’s approach to performance-based service acquisition (PBSA) includes four component parts, which are 1) performance outcomes, 2) measurable standards, 3) consideration of incentives, and 4) performance assessment plan.

Spec Item 1.5 Standard Template Description Key to implementing the PBSA approach is using a standard template that ensures Navy-wide consistency yet affords appropriate tailoring to meet local needs.

The standard template contains 18 standard annexes. Annex 1 will always contain General Information that is relevant to the entire scope of the contract. Annex 2 contains Management and Administration requirements that are relevant to the entire scope of the contract. Annexes 3 through 18 and their associated sub-annexes contain the General Information, Management and Administration requirements, Performance Objectives, Related Information, and Performance Standards that are relevant to that technical annex. Except where otherwise stated, Annexes 3 through 18 and their associated sub-annex requirements are not relevant to one another. Within each technical annex and sub-annex, the organization of information and requirements are also standardized. Requirements and standards for higher level specification items apply to all subordinate specification items, e.g., Specification Item 3 standards apply to all recurring work specification items. Correspondingly, Specification Item 3.1 is applicable to all 3.1 subordinate specification items. However, Specification Items 3.2 and 3.3 are not considered subordinate to

3.1 nor are they considered subordinate to one another. All costs associated with Annex 1, Annex 2, and the Annex 18 Specifications shall be priced, and their price shall be allocated to the Exhibit Line Items.

Spec Item 1.6 Reserved

Spec Item 1.7 Verification of Workload and Conditions Description Throughout the PWS, the workload data is generally referred to as being located in Sections C and J. Section C provides data such as descriptions, specifications, and the statement of work. Section J provides data such as system descriptions, maps, floor plans, and tables to represent the type and location of services to be provided, as relevant to projects and services.

All facilities, systems, and assets identified in this contract shall be accepted by the Contractor in "AS-IS" condition.

The Contractor is fully responsible for all work up to and including the limits of liabilities specified.

As prescribed in FAR 52.237-1, offerors’ or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Spec Item 1.8 Contractor’s Knowledge Description:

The Navy expects to receive insightful management from its contractors. This management will include the knowledge, skills, authority and willingness to use contractor resources to find better ways of serving Navy clients’ strategic and operational goals and objectives. The Navy's use of performance-based objectives evidences this principle. Although performance work statements will typically contain several levels of performance assessment, the Navy wants its contractors to exercise maximum discretion within bounds of prudent risk management to adjust processes and resources needed to reach specified objectives at the highest performance level.

Spec Item 1.9 Technical Proposal Certification Description:

The Contractor warrants that its proposal incorporated herein by reference will meet or exceed the performance objectives set forth in this contract.

Annex 0200000 - Management and Administration

Spec Item 2 Management and Administration

2.1 Definitions and Acronyms

Administrative Contracting Officer (ACO): The individual designated by the Contracting Officer to administer the contract.

ACOE: Army Corps of Engineers

Annual Monitoring Report (eelgrass transplanting): The annual monitoring report discusses the results of monitoring effort for the transplant site. This draft report is submitted to the COR 30 days after the annual anniversary of the project. After receipt from the COR, the Contractor has fifteen days to incorporate comments and return as final.

Caulerpa Control Protocol (CCP): Protocol established for California nearshore coastal and enclosed bays, estuaries, and harbors from Morro Bay to the U.S./Mexican border in order to detect existing infestations as well as avoid the spread of Caulerpa species within other systems. This protocol outlines the certification, survey, and reporting guidelines required when surveying for the various invasive species including C. taxifolia, C. mexicana, C.

racemosa, C. cupressoides, C. sertularioides, C. ashmeadii, C. floridana, C. scalpelliformis, and C. verticillata.

Contracting Officer (KO): The individual with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

Contracting Officer’s Representative (COR): The individual designated by the KO to be responsible for technical monitoring and surveillance efforts of the Contract and Orders. The COR is responsible for ensuring all work is performed per the requirements and specification outlined in the Contract/Order, and that work performed, including all written reports and professional services are of an acceptable technical quality. The COR has no authority to make any changes to the Contract and/or Order, and only the KO may effect any change.

Contractor: The entity or its representative responsible for the delivery of the services or materials specified in this contract, as designated by contract award. The term Contractor as used herein refers to both the prime Contractor and any subcontractors. The prime Contractor shall insure that subcontractors comply with the provision of this contract.

Contract Discrepancy Report (CDR): A report, sent by the Government to the Contractor, which the Contractor is required to complete when performance is unsatisfactory. The CDR requires the Contractor to explain to the Contracting Officer, in writing within 10 calendar days, why performance is unsatisfactory, how performance shall be returned to satisfactory levels, and how recurrence of the problem shall be prevented in the future.

Degree in Natural Sciences: Natural science degrees include biology, wildlife biology, wildlife management, botany, ecology, range science, hydrology, soil science, and/or zoology. If major is not from subject list above, resume must include transcript with additional educational requirements including dates, courses, and institution highlighting 24 semester hours in the subject. Degrees in hydrology and soil science, etc. may be considered acceptable if field experience with natural resources projects is indicated in the resume. For this procurement, majors in planning or engineering are not considered “natural sciences.”

DoD: Department of Defense

Eelgrass Bundle: Eelgrass bundles shall consist of a minimum of 10 turions per anchor/bundle according to the technique implemented by Fonseca et al. (1982), Merkel (1986), and MBC Applied Environmental Sciences (1990).

Eelgrass from the donor sites will be washed of sediment, placed in seawater and fabricated into shoot bundles.

Eelgrass bundles shall be planted 1 meter on center for a total of 10,500 bundles/10,0002 meters.

Eelgrass Restoration and Marine Habitat/Mitigation Plan: A plan that details the loss of eelgrass as a result of a federal action. The plan shall include a description of the project site, transplant site, and control site; a discussion of transplant techniques, timing and implementation; and transplant site design and post-transplant requirements. The plan shall be submitted to the COR 30 days prior to the beginning of project.

Eelgrass Transplant Report: The final Eelgrass Transplant Report describes all findings including a base map of pre-planting conditions, an overlay map of post planting conditions, and overlay of the mitigation site. The report shall verify turion (leaf shoot) density and aerial coverage of eelgrass and shall verify whether mitigation requirements have been met.

Electronic copies: Submittal of products on a Compact Disk read-only memory (CD-ROM) or Digital Versatile Disc read-only memory (DVD-ROM), unless otherwise stipulated in the ELIN.

ELIN: Exhibit Line Items Number

GIS: Geographic Information System

GPS: Global Positioning System

NEPA: National Environmental Policy Act

Quality Assurance (QA) Program: A program implemented by the Government to evaluate the output quality and responsiveness of the Contractor to ensure that the Government receives the services for which public funds are expended. It is emphasized that the Government's quality assurance program is not a substitute for the quality control program implemented and administered by the Contractor.

Quarterly Reports: The Contractor is required to deliver a progress report to the COR via e-mail every quarter when any TO is active.

SDSFIE: Spatial Data Standards for Facilities, Infrastructure, and Environment

Side-Scan Sonar: An acoustic imaging device used to provide wide-area, large-scale pictures of the floor of a body of water. Side scan sonar point multiple beams at angles and cover large overlapping swaths of the seafloor and only measure features on the seafloor and cannot collect bathymetry data.

Single-Beam Sonar: An acoustic imaging device that utilizes sonar technology to collect measurements of the sea floor with a single narrow footprint. The data resolution is determined by the footprint size, sampling interval, sampling speed, and transect spacing. Depending on the sensor type, single beam sensors may collect bathymetry data or be calibrated to identify seafloor habitats or subsurface sediments.

Site Visit: A visit to the area to be surveyed or planted.

Station Contact: A representative from a specified Department of Defense installation designated as the point of contact for access and site issues for the Contractor while working on a given TO.

Task Order (TO): A task order is a written document (DD Form 1155) issued by a Contracting Officer unilaterally or bilaterally for work to be performed in accordance with Annex 18. Any changes to a task order shall only be made by the Contracting Officer. (For reference, “Order” means the same as “task order” for this contract.)

U.S. Army Corps of Engineers, Safety and Health Requirements Manual EM 385 1-1 (EM 385 1-1) (as amended) (most current version): A manual that prescribes the safety and health requirements for all U.S. ACOE operations, for both government and contractor employees that must be met. All water activities must be in compliance with EM 385 1-1 (most current version) Sections 5 Personal Protective and Safety Equipment (05.H Personal Flotation Devices), 19 Floating Plant and Marine Activities and 30 Diving Operations, and Appendix O Manning Levels for Dive Teams.

USFWS: United States Fish and Wildlife Service

UTM: Universal Transverse Mercator

Work Plan: The Work plan shall include all items addressed in the TO and applicable policies and protocols including the most recent version of the California Eelgrass Mitigation Policy (CEMP) and Caulerpa Control Protocols (CCP)

Spec Item 2.2 General Information

Spec Item 2.2.1 Government Regular Working Hours The Government's regular (normal) working hours are from 0730 to 1630 Monday through Friday except observed Federal holidays and other days specifically designated by the KO. TO may make alterations to these regular working hours, as required for a project and/or location.

Spec Item 2.2.1.1 Observed Federal Holidays The Government observes the following holidays: New Year’s Day, Martin Luther King Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

Spec Item 2.2.2 Wage Determinations Refer to Section H for wage determinations incorporated by reference. Please be advised: online copies of Wage Determinations have moved to beta.sam.gov website.

Spec Item 2.3 General Administrative Requirements

Spec Item 2.3.1 Required Conferences and Meetings The Contractor may be required to attend administrative and coordination meetings. TO will have specified milestones and/or meeting schedules. However, meetings may be held as often as necessary at the direction provided by the KO and/or the COR. A mutual effort will be made to resolve all identified contract-related problems during meetings. The Contractor’s representative and the Government’s representative shall sign the written minutes of these meetings, prepared and delivered by the Contractor for review by the Government. Incorporation of comments should be considered mandatory. Should the Contractor not concur with the review comments provided by the Government on Contractor’s minutes, the Contractor shall state in writing to the KO (via the COR) any areas of disagreement within ten (10) calendar days.

Spec Item 2.3.2 Partnering Partnering should accomplish three goals:

- The first goal is to develop a cohesive team with common purpose, commitment and established communication processes.

- The second goal of partnering is contract specific, identifying risks and opportunities for the team to address.

- The third goal is to sustain the Partnership throughout the contract by identifying and addressing issues that affect the Partnership.

The Contracting Officer shall organize the initial Partnering Meeting with key personnel of the project team, including Contractor's personnel and Government personnel. The initial session will be scheduled concurrent with the Pre-Performance Conference and held no later than 30 days after award and will be held at a Government provided facility as designated by the KO.

Spec Item 2.3.3 Permits and Licenses To increase the likelihood of successful performance of this contract, the Government requires cohesive partnerships with its Contractors and subcontractors. Key stakeholders, including the supported commands who will receive services, principal individuals from NAVFAC, the performance assessment team, and representative(s) of the installation(s) will be invited to participate in the partnering process. Key members of the prime and sub-contractor teams, including senior management personnel must participate. The partnership will draw on the strength of each organization in an effort to achieve quality contract services done right the first time, within the contract price, as scheduled, and without any safety mishaps.

Spec Item 2.3.4 Insurance Within 15 days after award of this contract, the Contractor shall furnish the KO a Certificate of Insurance as evidence of the existence of the following insurance coverage in amounts not less than the amounts specified below in accordance with the FAR Clause 52.228-5, INSURANCE – WORK ON A GOVERNMENT INSTALLATION.

This insurance must be maintained during the performance period.

Spec Item 2.3.4.1 Certificate of Insurance The Certificate of Insurance shall provide for at least 30 calendars days written notice to the KO by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned insurance clause.

Spec Item 2.3.4.2 Minimum Insurance Amounts The Contractor shall procure and maintain, during the entire period of performance under this contract, the following minimum insurance coverage:

Comprehensive General Liability: $500,000 per occurrence.

Automobile Liability: $200,000 per person, $500,000 per occurrence, $20,000 per occurrence for property damage.

Workmen's Compensation: As required by Federal and State worker's compensation and occupational disease statutes.

Employer's Liability coverage: $100,000, except in states where worker's compensation may not be written by private carriers.

Other: as required by State Law

Spec Item 2.3.5 Protection of Government Property During execution of the work, the Contractor shall protect Government property. The Contractor shall return areas damaged as a result of negligence under this contract to their original condition at no cost to the Government, including re-vegetation or replacement of damaged habitat if necessary. Unauthorized collection of cultural material is not allowed. The Government will consider unauthorized collection a violation of the Archaeological Resource Protection Act and subject to criminal and civil penalties. The Contractor is expressly prohibited from plant or animal collection on Government property, other than as specified in a TO specifically. The Contractor is specifically prohibited from carrying out any activities not specified under a TO unless written approval is obtained from the KO, prior to action. No animals will be brought on to Government property and released without the consent of the KO. Personal pets are not to be brought on to Government property. The Contractor will not remove dead, injured or sick wildlife from Government property; however, all such wildlife shall be reported immediately to the KO.

Spec Item 2.3.6 Invoicing Procedures

Refer to Section G for invoicing instructions. The Section G instructions may be supplemented by a TO.

Spec Item 2.3.7 Instructions, Directives, and References Applicable Department of Defense (DoD), Secretary of the Navy (SECNAV), Chief of Naval Operations (OPNAV), and other directives, instructions, and references are listed below. The Contractor shall comply with the most current version of directives, instructions, and references including versions published during the term of the contract.

Spec Item 2.3.7.1 Applicable Laws, Regulations, and References The following lists laws, regulations, Executive Orders and references that are applicable to this contract.

American Indian Religious Freedom Act of 1978: The American Indian Religious Freedom Act of 1978 (PL 95- 341; 42 USC § 1996) directs consultations with traditional leaders, where appropriate, to insure continuity in religious practices on Federal lands. Requires the Federal government to protect the right of American Indian, Eskimo, Aleut, and Native Hawaiian to exercise traditional religious practices.

Antiquities Act of 1906: The Antiquities Act of 1906 (PL 59-209; 16 USC §§ 431 et seq., 1982) authorizes the President to designate as National Monuments historic and natural resources of national significance located on Federally owned or controlled lands. The act further provides for the protection of all historic and prehistoric ruins and objects of antiquity located on Federal lands by providing criminal sanctions against excavation, injury, or destruction of such antiquities without the permission of the Department having jurisdiction over such resources.

The Secretaries of the Interior, Agriculture, and Defense are further authorized to issue permits for archaeological investigations on lands under their control to recognized educational and scientific institutions for the purposes of systematically and professionally gathering data of scientific value.

Archaeological and Historic Preservation Act of 1974: The Archaeological and Historic Preservation Act of 1974 (Moss-Bennett Act; 16 USC §§ 469 et seq.) provides for the protection of historic and archaeological sites threatened by Federal or Federally funded or assisted construction projects.

Archaeological Resources Protection Act of 1979: The Archaeological Resources Protection Act of 1979 (16 USC §§ 470 et seq., 1982) sets up penalties for destruction or removal of archaeological materials from Federal land without the proper permits. Requirements for obtaining these permits are also established by this regulation.

Bald Eagle Protection Act: The Bald Eagle Protection Act (Bald and Golden Eagles Act; PL 95-616; 16 USC §§ 668 et seq.) provides for protection of the bald eagle and the golden eagle by prohibiting taking, possession, and commerce in the birds.

California Water Code: The California Water Code Section 1243 declares the reservation of water for the enhancement and protection of fish and wildlife to be a beneficial use.

Clean Air Act: The Clean Air Act (42 USC § 7401 et seq.) is the major federal legislation addressing air pollution control. Establishes national ambient air quality standards (NAAQS) for common air pollutants (“criteria pollutants”) and requires States to institute controls with established air quality control regions to achieve the NAAQS. Requires the US EPA to establish necessary air quality control where States fail to do so. Severity of controls increases as degree of nonattainment with NAAQS increases. Mandates EPA regulation of 138 identified “hazardous air pollutants.” Implements the Montreal Protocol on Ozone Depleting Substances (ODS), mandating phase out of ODS production, prohibiting intentional venting of ODS refrigerants during appliance servicing, and requires technician certification.

Clean Water Act: Clean Water Act regulates the discharge of pollutants to waters of the United States in order to protect water quality and the beneficial uses of these waters. Through a permit application process, CWA Section 401 regulates dredge and fill discharges to waters of the United States.

Coastal Zone Management Act: The Coastal Zone Management Act (CZMA) of 1972 (16 USC § 1451, et seq.)

requires federal permit applicants to obtain a certification that verified activities proposed within the “coastal zone” are consistent with state coastal zone management programs; e.g. federal Clean Water Act and §404 applicants. The

CZMA creates a broad program based on land development controls within coastal zones, incorporating State involvement through the development of programs for comprehensive state management. The CZMA also requires Federal agencies or licensees to carry out their activities in such a way that they conform to the maximum extent practicable with a state’s coastal zone management program.

Community Environmental Response Facilitation Act: The Community Environmental Response Facilitation Act (CERFA) (42 USC § 9601 note, 9620) amends CERCLA Section 120 (h) to allow expedition of reuse and redevelopment of Federal facilities being closed.

Comprehensive Environmental Response, Compensation, and Liability Act of 1980: The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA; 42 USC §§ 9601 et seq.) establishes programs for the cleanup of hazardous waste disposal and spill sites to ensure protection of human health and the environment. Designates the President as trustee for Federally protected or managed natural resources.

Conservation and Rehabilitation Program on Military and Public Lands: The Conservation and Rehabilitation Program on Military and Public Lands (PL 93-452; 16 USC §§670 et seq.) amends PL 86-797 by providing for fish and wildlife habitat improvements, range rehabilitation, and control of off-road vehicles on Federal lands.

Conservation Programs on Military Reservations: The Conservation Programs on Military Reservations (PL 90- 465; 16 USC §§ 670 et seq.) amend PL 86-797 to include outdoor recreation programs on military lands. It requires each military department to manage natural resources and to ensure that services are provided which are necessary for management of fish and wildlife resources on each installation; to provide their personnel with professional training in fish and wildlife management; and, to give priority to contracting work with Federal and State Agencies that have responsibility for conservation or management of fish and wildlife. Authorizes cooperative agreements (with States, local governments, non-governmental organizations, and individuals) which call for each party to provide matching funds or services to carry out natural resources projects/initiatives.

Defense Appropriations Act of 1991: The Defense Appropriations Act of 1991 ( 10 USC § 2701) establishes the Legacy Resource Management Program for the stewardship of biological, geophysical, cultural and historic resources on DoD lands.

Emergency Planning and Community Right-to-Know Act of 1986: The Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 USC §11001 et seq.) This Act is also known as Title III of the Superfund Amendments and Reauthorization Act (SARA). EPCRA focuses on the hazards associated with toxic chemical releases. Most notably, specific sections of EPCRA require immediate notification of releases of oil and hazardous substances and CERCLA-defined hazardous substances to State and local emergency response planners. Requires State and local coordination in planning response actions to chemical emergencies. Requires certain industries to submit information on chemical inventories and fugitive emissions.

Endangered Species Act: The Endangered Species Act (ESA) (PL 93-205; 16 USC §§1531 et seq.), of 1973 requires that all Federal Agencies undertake programs for the conservation of endangered and threatened species.

These agencies are prohibited from authorizing, funding, or carrying out any action that would jeopardize a listed species or destroy or modify its “critical habitat” (Section 7). Critical habitat is usually designated concurrently with a listing. Section 9 prohibits the “taking” of endangered fish or wildlife, including direct killing, harming, harassing, or destruction of habitat.

Federal Flood Disaster Prevention Act: The Federal Flood Disaster Prevention Act (PL 93-234; 42 USC §§ 4001 et seq.) established the Federal Flood Insurance Program, which has provided some incentives for construction outside flood-prone areas. To a limited degree, this has reduced destruction of riparian vegetation by developments.

President Carter issued two executive orders in a related effort: EO 11988 (Floodplain Protection) directed Federal agencies to avoid construction in flood-hazard areas and to seek restoration and preservation of the natural and beneficial values of floodplains; EO 11990 (Protection of Wetlands) directed Federal agencies to minimize the destruction, loss, or degradation of wetlands.

Federal Insecticide, Fungicide, and Rodenticide Act: The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 USC §136 et seq.) provides the principal means for preventing environmental pollution from pesticides through product registration and applicator certification. The registration of all pesticide products by EPA results in label instructions on each container for use, storage, and disposal. Label instructions are legally applicable to all users. Under FIFRA, EPA is required to accept certain pesticides under recall for safe disposal. It is unlawful to purchase, distribute, or use any pesticide that does not have any EPA registration number or for which registration has been cancelled or suspended, or to apply, store, or dispose of any pesticide or container I any manner inconsistent with applicable regulations.

Federal Noxious Weed Act of 1974: The Federal Noxious Weed Act of 1974 (PL 93-629; 7 USC § 2801) provides for the control and eradication of noxious weeds and their regulation in interstate and foreign commerce.

Federal Water Pollution Control Act Amendments of 1972: The Federal Water Pollution Control Act Amendments of 1972 (see Clean Water Act; 33 USC §§ 1251 et seq.) sets up a Federal permit and license system to carry out certain pollution discharge activities in navigable waters.

Fish and Wildlife Conservation Act of 1980: The Fish and Wildlife Conservation Act of 1980 (PL 96-366; 16 USC §§2901 et seq.) provides for conservation, protection, restoration and propagation of certain species, including migratory birds threatened with extinction.

Fish and Wildlife Conservation and Military Reservations Act: See Sikes Act.

Fish and Wildlife Coordination Act: The Fish and Wildlife Coordination Act (PL 85-624; 16 USC §§ 661 et seq.)

mandates that wildlife conservation receive equal consideration and be coordinated with other features of water resource development. The intent is to prevent loss or damage of wildlife and provide for development and improvement of wildlife in conjunction with water development projects. Federal agencies proposing to impound, divert, or control surface waters are required to consult with the United States Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW), to include and give full consideration to the recommendations of these agencies, and to provide justifiable means and measures for benefiting wildlife in project plans. ACOE must coordinate permit applications with USFWS and CDFG. Like National Environmental Policy Act (NEPA), implementation of this Act is essentially procedural in that no particular outcome is mandated. The Act authorizes project modification, land acquisition, and other measures necessary to protect wildlife.

Historic Sites Act of 1935: The Historic Sites Act of 1935 (PL 74-292; 16 USC §§ 461 et seq., 1982) establishes as national policy the preservation for public use of historic resources, by giving the Secretary of the Interior the power to make historic surveys and to document, evaluate, acquire, and preserve archaeological and historic sites across the country. The Act led to the eventual establishment within the National Park Service of the Historic Sites Survey, the Historic Buildings Survey, and the Historic Sites Engineering Record.

Magnuson-Stevens Fishery Conservation Management Act: The statute includes a mandate that Federal agencies must consult with the Secretary of Commerce (through the National Marine Fisheries Service) on all activities, or proposed activities, authorized, funded, or undertaken by the agency, that my adversely affect Essential Fish Habitat.

Migratory Bird Treaty Act: The Migratory Bird Treaty Act (PL 65-186, as amended; 16 USC §§ 703 et seq.)

protects most birds, whether or not they migrate. Birds, their nests, eggs, parts, or products may not be killed or possessed. Game birds are listed and protected except where specific seasons, bag limits, and other features govern their hunting. Exceptions are made for some agricultural pests, which require a USFWS permit (yellow-headed, red-winged, bi-colored red-winged, tri-colored red-winged, Rusty and Brewer’s Blackbirds, cowbirds, all grackles, crows, and magpies). Some other birds that injure crops in California may be taken under the authority of the County Agricultural Commissioner (meadowlarks, horned larks, golden-crowned sparrows, white-and other crowned sparrows, goldfinches, house finches, acorn woodpeckers, Lewis woodpeckers, and flickers). Permits may be granted for various non-commercial activities involving migratory birds and some commercial activities involving captive-bred migratory birds.Controlled burns during the avian breeding season (approximately February through October) would violate the Act, according to the USFWS Carlsbad Office.

Military Construction Authorization Act – Military Reservation and Facilities-Hunting, Fishing and Trapping

The Military Construction Authorization Act – Military Reservation and Facilities-Hunting, Fishing and Trapping (10 USC § 2671) requires that all hunting, fishing, and trapping on military installations follow Fish and Game laws of the state in which it is located, and be issued appropriate state licenses for these activities.

Military Construction Authorization Act of 1975 The Military Construction Authorization Act of 1975 (10 USC § 2665) allows the proceeds from the sale of recyclable material to be credited to the installation to cover specified costs.

National Environmental Policy Act of 1969 The National Environmental Policy Act of 1969 (NEPA) (42 USC §§ 4321 et seq.), evolved over 10 years from the desire of Congress to have a cohesive statement of the national environmental policy. Agencies must assess, in detail, the potential environmental impact of any proposal for legislation or other major Federal action that has the potential for significantly affecting the quality of the human environment. The Act is intended to help public officials and citizens make decisions that are based on understanding of environmental consequences and take action that protects, restores, and enhances the environment.

NEPA mandates that agencies use a “systematic, interdisciplinary approach” that integrates the natural and social sciences and environmental design. The courts have interpreted this mandate to be essentially “procedural,” that is, environmental impacts must be considered, but proposals with environmentally damaging consequences need not necessarily be rejected. . The law requires a detailed statement of “significant” environmental impact of “major” Federal actions. An action may be significant in terms of geographical extent, long-term impact, potential risk, or because of its effect on heritage resources or endangered species.

The process identifies reasonable alternatives to proposed actions that might have less or no environmental effect.

Individual and cumulative impacts must be considered. A three-tiered approach is used to evaluate impacts: 1) The Environmental Assessment (EA) is the analysis to be completed when the government is uncertain as to whether an action will significantly affect the environment or the action is controversial. The result of an EA is either a Finding of No Significant Impact (FONSI) or a requirement to complete an Environmental Impact Statement (EIS); 2) The EIS is a full-disclosure document that presents a full and unbiased discussion of significant impacts, informing the public and decision makers of reasonable alternatives to the proposed action; and 3) A Categorical Exclusion (CATEX) is used for actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by the Department of the Navy in implementation of Federal regulations and for which, therefore, neither and EA nor an EIS is required.

National Historic Preservation Act of 1966: The National Historic Preservation Act of 1966 (PL 89-665; 16 USC §§ 470 et seq.) expanded the National Register of Historic Places, provided a list of significant historic and pre-historic sites and districts, and gave them formal protection. Section 106 requires that Federal agencies with direct or indirect jurisdiction over such properties identify them for the Federal Register. It further directs agencies to consider historic and archaeological resources during planning, and allows the Advisory Council on Historic Preservation, established by this Act, an opportunity to comment when a Federal undertaking could affect historic properties.

National Trails Systems Act of 1968: National Trails Systems Act of 1968 (16 USC § 1271) promotes development of recreational, scenic, and historic trails for persons of diverse interest and abilities.

Native American Graves Protection and Repatriation Act of 1990: The Native American Graves Protection and Repatriation Act of 1990 (NAGPRA) (PL 101-601; 25 USC §§ 3001 et seq.) provides requirements for treatment, determination of ownership, control of, and repatriation of human remains and cultural items on Federal or Tribal lands. The term “Indian Tribe” refers to any Tribe, band, nation, or other organized Indian group or community that is on the current list of recognized Indian Tribes published by the Bureau of Indian Affairs. “Human remains” refers to all Native American human remains.

Noise Control Act of 1972: The Noise Control Act of 1972 (42 USC § 4901 et seq.) (as amended by the Quiet Communities Act) authorizes establishment of Federal noise emission standards for products distributed in commerce, and coordinates Federal research efforts in noise control.

Noxious Plant Control Act: The Noxious Plant Control Act (PL 90-583; 43 USC § 1241) provides for the control of noxious plants on lands under control or jurisdiction of the Federal Government.

Oil Pollution Act of 1990: The Oil Pollution Act of 1990 (OPA) (33 USC §§2701 et seq.) provides that the National Contingency Plan (NCP) include planning, rescue and minimization of damage to fish and wildlife in responding to oil pollution.

Outdoor Recreation-Federal/State Program Act: The Outdoor Recreation-Federal/State Program Act (PL 88-29; 16 USC §§ 460(L) et seq.) provides for the management of lands used for outdoor recreation. Requires consultations with US National Park Service regarding management.

Pollution Prevention Act of 1990: The Pollution Prevention Act of 1990 (PPA) (42 USC § 13101 et seq.)

establishes the national policy that “pollution should be prevented or reduced at the source whenever feasible.

Pollution that cannot be prevented should be recycled in an environmentally safe manner. Disposal or other release of pollutants into the environment should be employed only as a last resort and should be conducted in an environmentally sound manner.”

Porter-Cologne Water Quality Control Act: The Porter-Cologne Water Quality Control Act (California Water Code §§13000 et seq.) is the State’s primary water law. It gives the State Water Resources Control Board (SWRCB) and the nine regional water quality control boards substantial authority to regulate water use.

Resource Conservation and Recovery Act: The Resource Conservation and Recovery Act (RCRA) (42 USC §§ 6901 et seq.) establishes a comprehensive program which manages solid and hazardous waste. Subtitle C, Hazardous Waste Management, sets up a framework for managing hazardous waste from its initial generation to its final disposal. Waste pesticides are included under hazardous waste management requirements.

Safe Drinking Water Act: The Safe Drinking Water Act (SDWA) (42 USC §§300(f) et seq.) prescribes treatment and distribution control strategies for abating contamination of drinking water and also requires the establishment of a permit program to regulate injection of liquids into underground strata. The SDWA provides for direct control of underground injection of fluids that may affect groundwater supplies. States may assume the predominant role in executing groundwater protection programs. The EPA had direct responsibility only if a State chooses not to participate in an underground injection control (UIC) program.

Sikes Act: The Fish and Wildlife Conservation and Military Reservations Act (Sikes Act; 16 USC § 670) applies to any installation in the US with land or water suitable for conservation of fish and wildlife.