N6274226R1802 AMD0002.pdf

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11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBE

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

Created On:

10 Dec 2025, 22:24 PM Greenwich Mean Time

N6274226R1802

AMD 0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

Block 14 (Description of Amendment/Modification): AMENDMENT NO. 0002, SOLICITATION NO. N62742-26-R-1802, CULTURAL RESOURCE TECHNICAL SERVICES AT VARIOUS LOCATIONS IN HAWAII, WESTERN PACIFIC AND ASIA FOR THE NAVAL

FACILITIES ENGINEERING SYSTEMS COMMAND PACIFIC

PLEASE REVIEW THE AMENDMENT, COMPLETE BLOCKS 8 AND 15A THROUGH 15C TO ACKNOWLEDGE RECEIPT AND SUBMIT

WITH YOUR PROPOSAL.

The following items are applicable to this amendment:

A. Provide Government responses to questions/clarifications received in response to the solicitation. See attached questions and answers for Amendment 0002.

B. The following sections of the solicitation has been revised and replaced with the document attached. Changes are annotated with a vertical line on the left hand border of the page and are indicated in track changes. Existing sections shall be removed and replaced.

(1) Replace Section H in its entirety with the revised Section H.

(2) Replace Section M in its entirety with the revised Section M.

(3) Replace Section J, Attachment J-5 in its entirety with the revised J-5.

C. The proposal due date remains unchanged.

D. All other sections/attachments remain unchanged.

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACT PURPOSE AND CONSTRAINTS

BACKGROUND: In September of 2010, the Department of the Navy and the Department of the Army announced their decision to proceed with Guam and Commonwealth of Northern Mariana Islands (CNMI) Military Relocation.

As a result of redefining the United States (US) defense posture in the Pacific region and the US alliance with Japan, a portion of US Marine Corps forces currently located in Okinawa, Japan will be relocated to Guam. This relocation of Marine Corps forces will meet international agreement and treaty requirements and fulfill US national security policy requirements. Future construction projects in support of the Guam Realignment are subject to various agreed upon environmental mitigations which will be partially executed under this multiple award contract for Cultural Resources Technical Services.

NAVFAC is responsible for executing all contracts associated with the Guam Realignment including projects funded by Japanese cash contributions. When using Japanese cash contributions, the Governments of the United States and Japan agreed to: (1) maximum use of open competition for contracts; (2) employment of standard solicitation and award procedures; (3) the Japanese Ministry of Defense (MOD) will be given an opportunity to review and comment on acquisition related documents; (4) NAVFAC will separately advertise and award contracts for specific projects to be funded by Japanese cash contributions; and (5) representatives of the MOD will be invited to observe the source selection process.

GOVERNMENT OF JAPAN OBSERVERS: Offerors are advised that officials of the Government of Japan (GOJ) will be observing the source selection process, the evaluation of proposals and the review of other documentation.

Accordingly, submission of a proposal in response to this synopsis and referenced solicitation will be considered evidence of your consent and permission for the Contracting Officer to reveal your proposal and related submissions to participating GOJ officials (who will, in turn, sign Non-Disclosure Statements that will be retained in the contract files).

PARTIAL SET-ASIDES: FAR 19.502-4 -- Partial Set-Asides Multiple Award Contracts, provides authority to use partial set-asides when (1) a total set-aside is not appropriate; (2) one or more small business concerns are expected to have the technical competence and productive capacity to satisfy the set-aside portion of the requirement at a fair market price; and (3) the requirement is severable and can be divided into a set-aside portion and a non-set-aside portion. The Small Business Jobs Act of 2010, Section 1331, and the Small Business Administration Final Rule (effective 31 DEC 2013) provide additional guidance on set-aside task order competitions when the multiple award contract was competed on a full and open basis.

MULTIPLE AWARD CONTRACT DIVISIONS: To facilitate streamlined execution of Cultural Resources Technical Services, the multiple award contract (MAC) vehicle will be utilized. This procurement consists of a single solicitation with the intent to award no more than six (6) Indefinite Delivery Indefinite Quantity (IDIQ) type service contracts to the offerors whose proposals, conforming to the solicitation, will be the most advantageous to the Government resulting in the best value, price and technical factors considered. Furthermore, the solicitation, resulting in award of the MACs, will be competed as an unrestricted procurement (to achieve maximum use of open competition for contracts and award contracts for specific projects to be funded by Japanese cash contributions) with a partial small business set-aside. The resulting multiple award contracts will be comprised of two major divisions:

An Unrestricted Division established for competing and awarding task orders to perform Government of Japan (GOJ) funded projects that support the Defense Policy Review Initiative (DPRI)/Guam Realignment, and a partial Small Business Set Aside (SBSA) Division established for competing projects funded by United States appropriations (in support of either DPRI or non-DPRI requirements). The Government intends to award a minimum of two (2) contracts in each of the two (2) Divisions, unless all successful offerors are small business concerns—which would eliminate the need for two (2) Divisions. The Government reserves the right to award more than six (6) contracts if it is determined to be in the best interest of the Government. Successful awardees (also called MAC Holders) will compete for future work during the term of the multiple award contracts.

CONTRACT CAPACITY: The estimated workload for the Unrestricted Division is approximately $1.5 million and the amount for the SBSA Division is approximately $68.5 million, for a combined Not-to-Exceed (NTE) aggregate amount of $70 million. These amounts are subject to change based on the needed Cultural Resource Technical

Services specific tasks ordered by the Government. As set forth in Section G.2, Task Order Issuance Procedures, Contractors may elect not to submit on all task order requirements. Furthermore, task orders could require performance of up to 55 of the “Specific Tasks” described in Section C, paragraph 2.0. If less than two (2) proposals are received from MAC Holders in the SBSA Division, the Contracting Officer may open the competition of the task order to include the Unrestricted Division contractors. The SBA final rule permits small businesses to compete for task order RFPs in both the non-set-aside portion (Unrestricted Division) and set-aside portion (SBSA Division) of the MAC.

H.2 CONTRACT DURATION, LIMITS AND AMOUNTS

a. Term of contract including options: Each of the resulting contracts will consist of a base period of 12 months and six 12-month option periods, with an extension of six (6) months for a total of 90 months or estimated dollar value (see paragraph c. below), whichever occurs first, under which work will be ordered on an “as needed” basis, intermittently during the life of the contract.

b. Amounts: The maximum aggregate dollar value, including the base period and all option periods, for all awarded contracts is estimated to be $1,500,000 (projects to be funded by the Government of Japan) and $68,500,000 (projects to be funded by the United States), for a total aggregate value, for all contracts inclusive of options, not to exceed $70,000,000. These amounts are subject to change based on the needed Cultural Resources Technical Services specific tasks ordered by the Government.

c. Task Order Limitations: Task orders will typically range between $3,500 to $10,000,000 and will be competed among the contract awardees. Task orders may be below or above this limit.

d. Minimum Guarantee: The contract minimum guarantee is $5,000 per MAC awardee. As task orders are issued, the minimum guarantee amount will be deobligated. The Government makes no representation as to the number of task orders or actual amount of work to be ordered. Contractors are not guaranteed work in excess of the minimum guarantee specified herein. The minimum guarantee is applicable for the contract term.

H.3 COMMENCEMENT OF WORK AND PLACE OF PERFORMANCE

Required commencement of work and the place of performance will be defined and designated on each individual task order.

H.4 PROPOSAL PREPARATION COSTS

The costs for preparation of task order proposals, if required under this contract, shall be the responsibility of the contractor and not directly reimbursable.

H.5 NOTICE OF CONSTRUCTIVE CHANGES

No order, statement or direction of the Contracting Officer, an authorized representative of the Contracting Officer whether or not acting within the limits of his authority, or any other representative of the Government, shall constitute a change order under the “Changes” clause of this contract or entitle the contractor(s) to an equitable adjustment of the price or delivery schedule, unless such a change is issued in writing and signed by the Contracting Officer.

H.6 PERFORMANCE EVALUATIONS

The Administrative Contract office will complete a contractor’s performance evaluation for input into CPARS database. The evaluation will take into account all aspects of the contractor’s performance. Interim performance evaluations may be completed at any time the Contractor’s performance is considered less than satisfactory or to provide feedback on a task order. Contractors will be provided a copy of the performance evaluation and an opportunity to discuss the evaluation. The negative performance evaluations will have an impact on the award of future task orders.

H.7 DFARS 252.222-7000 RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)

(a) The Contractor shall employ, for the purpose of performing that portion of the contract work in the State of Hawaii, individuals who are residents thereof and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills to perform the contract.

(b) The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded under this contract.

(End of clause)

NOTES:

1. This clause applies when the unemployment rate in Hawaii is higher than the national unemployment rate as determined by the Secretary of Labor. If, at the time of award the unemployment rate in the State of Hawaii is equal to or below the national average, this clause does not apply. This clause does not apply to management positions, which are defined as those above the first-line managerial/supervisory level and as those typically responsible for subordinate staff, budget oversight, and/or policy-making decisions.

2. For purposes of this solicitation, a resident of the State is defined as someone who has, or is taking steps to reside in the State on a permanent, rather than a temporary basis. This residency requirement is evidenced by the following:

Obtaining a Hawaii State drivers’ license.

Becoming a registered voter, Moving one’s family to Hawaii Buying a home or entering into domicile arrangements (i.e. lease), or Paying Hawaii State Taxes

No single act is sufficient to establish residency in the State of Hawaii.

3. In filling employment positions for work under the contract, other than for management positions, the offeror agrees to hire employees (who are or can become qualified by the time the work commences) from the workforce of the incumbent contractor. For purposes of this clause, if skilled individuals are not available and cannot be available promptly through some form of reasonably available training, then hiring non-state residents is allowed.

The contractor shall take reasonable steps to determine whether skilled individuals are or are not available from among the State’s residents.

H.8 STANDARDS

a. Field work and reporting shall be conducted according to prevailing professional archaeological standards including, but not limited to, the Federal statutes, regulations, and guidelines identified in Section C and any subsequent revisions made to these authorities for the life of the contract.

b. The Principal Investigator (for either Archaeology or Historical Architecture and Landscape) shall be responsible for the validity of all data, information and material presented in each report. For certain Task Orders, the Principal Investigator may also serve as Project Director, however, the Contractor must be capable of conducting multiple Task Orders concurrently. The Principal Investigator shall provide oversight, guidance, and quality control; and be responsible for ensuring the academic excellence, professional quality, and technical accuracy of all fieldwork, laboratory work, graphics, data recording, and report writing conducted for this contract. The Principal Investigator shall execute the signatory page of each deliverable.

c. The Project Director (for either Archaeology or Historical Architecture and Landscape) shall provide oversight and direction in the field, and oversee all laboratory work, geographic information systems (GIS), statistical analysis, and shall analyze and interpret data, prepare narrative histories, contexts, and be responsible for a written report or GIS as required by the task order.

d. The Field Supervisor (Archaeology), under the direction of the Principal Investigator or Project Director, shall supervise, perform data collection, and have sufficient knowledge of theory, methods, and techniques to temporarily direct work in the absence of the Principal Investigator, Project Director, or Laboratory Director.

e. The Project Director (for either Archaeology or Historical Architecture and Landscape) and Field

Supervisor (as applicable) shall be thoroughly familiar with archaeological and historical reports addressing research within and in the vicinity of the project area, and with other documents applicable to the Task Order.

f. The Project Director (for either Archaeology or Historical Architecture and Landscape) and Field

Supervisor (as applicable) shall be thoroughly familiar with this contract, the Task Order Scope of Work, applicable plans (e.g. Data Recovery Plan, Monitoring Plan, Research Design, Sampling/Testing strategy), and the schedule of work. These persons shall have copies of these documents in the field and shall ensure that all personnel (i.e., technicians, assistants, etc.) are familiar with the above listed documents and have a full understanding of the tasks and problems being addressed.

g. Archaeological Report Writing shall be conducted by person(s) who meets or exceeds the qualifications for a professional archaeologist as specified in Federal Register (FR) Vol 62 (119) page 33712, and Section-C.9, having a graduate degree in Anthropology with a specialization in archaeology or related field as defined on page 33713 of FR 62 (119) and 5 years full-time professional experience applying the theories, methods, and practices of Pacific (Micronesia and Polynesia) or Asian archaeology that enables professional judgments to be made about the identification, evaluation, documentation or treatment of prehistoric or historic archaeological properties in the Pacific or Asia, as appropriate for the assignment, and which includes Supervisory experience in Pacific (Micronesia and Polynesia) or Asian archaeology. This person(s) must have demonstrated ability to implement research designs and sampling strategies; make strategic and professional decision in the field; and have oral and written communication skills as evidenced by their completed technical reports/publications. It is preferable that the person writing the report participated in the subject project at the Project Director or higher level, but special approval may be requested from the Contracting Officer or Navy Technical Representative in the event of illness or personnel change.

h. Cultural Resource locations shall be geographically referenced and plotted onto a topographical map with fixed global positioning systems equipment with sub-meter accuracy. Longitude-latitude calibration may be approved by the Contracting Officer or designated COR in certain situations. Location data shall be provided as a GIS .mxd.gdb file or if longitude-latitude calibration in the report as a table and included in the site descriptions.

H.9 REQUIRED INSURANCE

a. Within 15 days after award of this contract, and for each option year exercised, thereafter, the Contractor shall furnish the Contracting Officer 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 FAR 52.228-5, INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997), Section I. This insurance must be maintained during the entire term of the contract.

Comprehensive General Liability: $500,000 per occurrence.

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

Workers’ Compensation: As required by Federal and State workers’ compensation and occupational disease statutes.

Employer’s Liability Coverage: $100,000 except in state where workers’ compensation may not be written by private carriers. Other as required by State law.

b. The Above insurance coverage shall extend to the Contractor personnel operating Government owned equipment and vehicles.

c. The Certificate of Insurance shall provide for 30 days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned “Insurance” clause.

H.10 SUBCONTRACTING RESPONSIBILITIES

The contractor shall be responsible for the management and performance of all subcontractors. The contractor shall ensure subcontractors are competent and capable of handling all assigned work. The contractor shall ensure task orders are completed within the stated requirements.

The contractor is responsible for ensuring subcontracting opportunities are made available to small business veteran-owned small business, service-disabled veteran-owned small business, HUB Zone small business, small disadvantage small business and women-owned small businesses.

H.11 STATION REGULATIONS

The Contractor and his/her employees shall become acquainted with and obey all Government regulations as posted, or as requested by the Contracting Officer.

H.12 DIRECTIVES

Applicable directives, instructions, and regulations are mentioned in Sections C, H, I, J, K, L and M.

H.13 ENERGY CONSERVATION

The Contractor shall participate actively in the activity’s energy conservation program. The Contractor shall comply with the base energy conservation program and shall become familiar with the activity’s energy instruction. As directed by the Contracting Officer, the Contractor’s superintendent shall represent the Contractor’s interests at meetings of the activity’s Energy Conservation and Resource Management Committee. Use of high energy consuming tools or equipment shall be approved by the Contracting Officer.

H.14 ENVIRONMENTAL PROTECTION

The Contractor shall comply with all applicable environmental protection requirements. The Contractor shall comply with federal, state and local laws and with the regulations and standards regarding environmental pollution.

All environmental protection matters shall be coordinated with the Contracting Officer. Inspection of any of the facilities operated by the Contractor may be accomplished by the Activity Environmental Protection Coordinator, or authorized officials on a no-notice basis during regular working hours. In the event that a regulatory agency assesses a monetary fine against the Government for violations caused by Contractor negligence, the Contractor shall reimburse the Government for the amount of that fine, and other costs. The Contractor shall also clean up any oil spills, which result from the Contractor’s operations. The Contractor shall comply with the instructions of the cognizant navy Medical Department with respect to avoidance of conditions, which create a nuisance or which may be hazardous to the health of personnel.

H.15 SALVAGE

All material and equipment which are removed or disconnected, and in the opinion of the Contracting Officer or the Government representative, are sound and of value, but are not indicated or specified for reuse, shall remain the property of the Government. They shall be delivered by the Contractor at his expense to a location designated by the Contracting Officer. All non-usable surplus material and debris, resulting from work under these specifications, shall be removed from the site by the Contractor at his expense.

H.16 DISPOSAL

Debris, rubbish, hazardous waste, and unusable material resulting from the work under this contract shall be disposed by the Contractor at his expense off Government property. The Contractor shall dispose of hazardous waste in accordance with the Resource Conservation and Recovery Act and its associated state and local regulations.

H.17 FIRE PREVENTION

The contractor shall ensure that he/she and his/her employees know how to report a fire and activate a fire alarm device. The Contractor shall observe all requirements for handling and storage of combustible supplies, materials, waste, and trash. Contractor employees operating critical equipment shall be trained to properly respond during a fire alarm or fire in accordance with activity instructions.

H.18 SECURITY REQUIREMENTS

a. The Contractor shall comply with security regulations imposed by the installation Commander and/or the agency occupying the space where work is to be performed, including obtaining any necessary personnel security clearances and vehicle passes.

b. The Contractor shall, prior to the start of any task order, submit to the Contracting Officer an estimate of the number of personnel expected to be utilized at any one time on the contract. The Government will issue badges without charge. Each employee shall wear the Government issued badge over the front of the outer clothing. When an employee leaves the Contractor’s service, the employee’s pass and badge shall be returned within five (5) days.

Passes and badges issued to Contractor employees shall not negate the requirement for employee identification required in the “IDENTIFICATION OF CONTRACTOR EMPLOYEES” paragraph.

c. In order to be admitted to the work site, employees and representative of the Contractor shall be United States citizens. Legal aliens are allowed on the project site. Clearance for aliens may require approximately 20 workdays for approval.

d. Submit the personnel list for approval at least 15 days prior to the desired date of entry with the following information:

Name Date and Place of birth Citizenship Home Address Social Security Number Current Pass Expiration Date (if applicable) Naturalization or Alien Registration Number

The request for personnel pass shall be accompanied by the following certification signed by an employee who is duly authorized by the Contractor:

“I hereby certify that all personnel on this list are either born U.S. citizens, naturalized U.S. citizens with the naturalization number shown, or legal aliens with the alien registration number indicated.”

Signature/Firm Name

e. Submit the vehicle pass request for approval at least 15 days prior to the desired date of entry with the following information:

Make of Vehicle Year and Type of Vehicle License Number Owner of Vehicle

f. Failure on the part of the Contractor to submit required information will not constitute a justification for a time extension. The contractor shall be responsible for obtaining passes for its subcontractors.

IDENTIFICATION OF CONTRACTOR EMPLOYEES

a. The Contractor shall provide to the contracting Officer the name or names of the responsible supervisory person or persons authorized to act for the contractor.

b. The Contractor shall furnish sufficient personnel to perform all work specified within the contract.

c. Contractor employees shall conduct themselves in a proper, efficient, courteous and businesslike manner.

d. The Contractor shall remove from the site any individual whose continued employment is deemed by the

Contracting Officer to be contrary to the public interest or inconsistent with the best interests of National Security.

e. No employee or representative of the Contractor will be admitted to the site of work unless he furnishes satisfactory proof that he is a citizen of the United States, or, if an alien, his residence within the United States is legal.

f. All contractor/subcontractor employees working under this contract shall be identified by a distinctive name plate, emblem, or patch attached in a prominent place on an outer garment. Employee identification shall not be substituted for station required passes or badges.

IDENTIFICATION OF CONTRACTOR VEHICLES AND EQUIPMENT

The company name shall be displayed on each of the Contractor’s vehicles in a manner and size that is clearly visible. All vehicles shall display a valid state license plate and safety inspection sticker, if applicable, and shall be maintained in good repair.

H.19 SPECIAL REQUIREMENT FOR THE CONTROLLED INDUSTRIAL AREA (CIA) OF THE PEARL

HARBOR NAVAL SHIPYARD

All personnel requesting entrance to the CIA are required to be US citizens and must provide proof of such citizenship. All personnel will be escorted at all times by a person or persons with the proper security clearance. All requests for passes to the CIA are required to be submitted at least 45 days prior to the requested entry date. Forms to request entrance to the CIA are to be provided with each RFP for the CIA area. (See Section J, Attachment J-4).

H.20 ADVERTISING AND NEWS RELEASES

The Contractor agrees not to refer to this contract and all resulting task orders in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Government, or considered by the government to be superior to other products or services. New releases, advertising, and company brochures containing information pertaining to this procurement will not be made without the concurrence of the Contracting Officer. The Contracting Officer shall be notified of the intent to release any information 45 days prior to the expected date of release. This requirement shall apply to all subcontractors.

H.21 KEY PERSONNEL REQUIREMENTS

a. Certain skilled, experienced professional and/or technical personnel are essential for successful Contractor accomplishment of the work to be performed under this contract. These are defined as “Key Personnel” and are those persons whose resumes were submitted for evaluation of the proposal. No substitutions shall be made except in accordance with this clause.

b. The Contractor agrees that during the first 120 days of the contract performance period, no key personnel substitutions will be permitted unless such substitutions are necessitated by an individual’s sudden illness, death or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information required by paragraph (d) below. After the initial 120-day period, all proposed substitutions must be submitted in writing, at least fifteen days, (30 days if a security clearance is to be obtained), in advance of the proposed substitutions to the Contracting Officer, and provide the information required by paragraph (d) below.

c. If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under the contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall immediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer or his authorized representative, promptly replace such personnel with personnel of equal or higher qualifications to those of the persons being replaced.

d. All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They must contain a complete resume for the proposed substitute, and any other information requested by the Contracting Officer, which is necessary to approve or disapprove the proposed substitution. All proposed substitutes at any time during performance of this contract must have qualifications that are equal to or higher than the qualifications of the person being replaced. No change in fixed unit prices may occur as a result of key personnel substitutes who qualify at a higher level than the person being replaced. The Contracting will evaluate such requests and notify the Contractor of his/her approval or disapproval thereof in writing within 15 days (30 days if a security clearance is required) after receipt of the complete resume and other requested documentation.

e. If the Contracting Officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the delivery order, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate,-or at the discretion of the Contracting Officer if he/she finds the contractor at fault for the condition, the contract price maybe equitably adjusted downward to compensate the government for any resultant delay, loss or damage.

H.22 ORGANIZATIONAL CONFLICTS OF INTEREST

The restrictions described herein shall apply to the Contractor and its affiliates, consultants and subcontracts under this contract. If the Contractor under this contract prepares or assists in preparing a statement of work, specifications and plans, the Contractor and its affiliates shall be ineligible to bid or participate, in any capacity, in any contractual effort which is based on such statement of work or specifications and plans as a prime contractor, subcontractor, consultant or in any similar capacity. The Contractor shall not incorporate its products or services in such statement of work or specification unless so directed in writing by the Contracting Officer, in which case the restriction shall not apply. This contract shall include this clause in its subcontractor's or consultants' agreements concerning the performance of this contract.

H.23 OPERATIONAL SECURITY (OPSEC)

OPSEC requirements are applicable when contractor personnel have access to or generate covered defense information (CDI) as defined in DFARS 225.204-7012. As such, OPSEC Measures (i.e., the planned action to conceal or protect identified critical information and indicators from disclosure, observation, or detection and to protect the same from collection) are applicable to this requirement. Contractor employees shall not discuss or disclose any information provided to them in the performance of their duties to parties other than authorized Government and/or Contractor personnel who have a "need to know" in accordance with the "Authorized Use and Non-Disclosure Agreement & OPSEC Certification of Understanding" executed by the Contractor which is incorporated in full by reference herein. Contractor shall not use any information or documentation provided by the Government or developed under this requirement for other purposes without the consent of the Government Contracting Officer IAW DFARS 252.204-7000. Contractor shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document, etc.), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval IAW DFARS 252.204-7000. Markings: All deliverables/submittals generated by the Contractor shall be properly marked. For Official Use Only information generated and/or provided under this contract shall be marked in accordance with DoDM 5200.01. Vol 4. Technical information shall also be marked with appropriate Distribution Statements and Export Control warnings in accordance with DoDD 5230.24 and program Security Classification Guidance.

Certain information provided by the government may require unique handling, storage and or release/dissemination procedures. Contractors are cautioned to study “Authorized Use and Non-Disclosure Agreements & OPSEC Certification of Understanding" and comply accordingly.

Note: the following clauses have been incorporated in this solicitation/contract: DFARS 252.204-7000 Disclosure of Information, 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls, and 252.204- 7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. DFARS Clause 252.204-7000 restricts the release of unclassified information outside contractor's organization without prior Contracting Officer permission, with exceptions; DFARS Clause 252.204-7008 requires contractor compliance with Safeguarding Covered Defense Information Controls; and DFARS 252.204-7012 requires contractor to provide adequate security for all covered contractor information systems (including implementation of NIST 800-171 CUI requirements) and to comply with cyber incident reporting requirements.

H.24 CONSUMPTION TAX EXEMPTION PROCEDURES ON PURCHASE OF GOODS AND SERVICES

BY THE UNITED STATES ARMED FORCES IN JAPAN [JAPANESE LAW NO. 108, 1988]

(a) The Consumption Tax Law (Law No. 108, 1988) was enacted in the Diet of Japan on 24 December 1988, and applied from April 1, 1989. The Government of Japan (GOJ) and the United States Government (USG), in accordance with paragraph 3, Article XII, of the “The Agreement Under Article VI of the Treaty of Mutual Cooperation And Security Between Japan And The United States of America Regarding Facilities And Areas And The Status of United States Armed Forces In Japan” (SOFA), have agreed upon procedures for exempting the United States from the Consumption Tax on the following transactions upon appropriate certification:

(1) Goods and services purchased in Japan for official purposes of the U. S. Armed Forces by the U. S. Armed Forces or its authorized procurement agencies;

(2) Goods and services purchased in Japan, by persons, including corporations, who are designated by the USG in accordance with the provisions of paragraphs 1 and 2, Article XIV of the SOFA (Article XIV Contractors), solely for the purpose of performing the business of construction, maintenance or operation under the contract for construction, etc., for use by the U. S. Armed Forces, or film and gasoline purchased in Japan by Article XIV Contractors solely for the business activities described above.

(b) The underlying objective is to obtain the full amount of the exemption from the tax on U.S. Forces procurements immediately at the time of purchase, and at the same time give the Contractor a proof of purchase document, acceptable to GOJ tax authorities, which he/she can present to the tax authorities to obtain a tax credit and/or refund for tax already collected and paid by previous sellers.

(c) By the submission of their offer, the offeror certifies that Japanese consumption tax is not part of the bid price, nor will it be a part of any subsequent modification to the contract. Procedures for Contractors to obtain a consumption tax credit are described in a handbook that may be obtained from the Procuring Contracting Office.

US FUNDED CR-AAA FY25 MILCON

DATE: 15 April 2025

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PERFORMANCE WORK STATEMENT (PWS) for US FUNDED CONTRACT CR-AAA MILCON

CULTURAL RESOURCE TECHNICAL SERVICES IN SUPPORT OF DEFENSE FACILITIES

DEVELOPMENT, ISLAND OF GUAM

NOTE: Sample Project scope and cultural resources described within are fictitious.

SECTION 1.0 - GENERAL

This performance work statement solicits cultural resources services for the development of defense facilities on the island of Guam and shall be performed as outlined below. The Navy proposes to construct facilities across two military installations under the Make Skies Safe Initiative (MSSI). The three parcels for development include both developed and undeveloped areas at Naval Base Guam (NBG) and Andersen Air Force Base (AAFB). See Enclosures 1-3 for project locations. Project design efforts will involve soil investigations, including geotechnical borings of varying depths, mechanized excavation, placement of survey markers, and other ground disturbing activities. Project construction efforts will require grading and temporary erosion and soil control, mechanical excavation, road paving, parking, driveways, site, and curbs and gutters; landscaping, fencing, concrete for sidewalks and ramps; electrical power, water (fire protection and potable), sewer, and storm water drainage systems; and possible munitions of explosive concern (MEC) removal.

Cultural resources services shall include archaeological monitoring, data recovery, and interpretive components in accordance with the Navy’s Section 106 consultation under the National Historic Preservation Act. Additionally, pre-negotiated options priced elements for additional emergency data recovery and recovery of human skeletal remains are required.

The duration of construction work requiring archaeological monitoring under this contract task order (CTO) is expected to require approximately the equivalent of eighteen (18) months of field time. The field time may not necessarily occur consecutively. Design efforts will occur over approximately 90 consecutive days while construction is not set to begin until 6 months following design work. This project will involve ground disturbing work up to three areas across the bases simultaneously, which would require an archaeological monitor in each location. The project also includes data recovery of Site 66-02-9976 at NBG, a Latte Period site with surface structures associated artifact scatter. The data collected shall be used to develop and produce a ArcGIS StoryMap and a three-dimensional (3D) landscape model that the Navy will install within the Visitor Control Center.

The Contractor is also to provide documentation of Building 206 at AAFB in accordance with the HABS standards and guidelines; and development of a historic structures report (HSR) for the

2 Version 1.0 – 15 APR 2025 former Palm Tree Clubhouse, a 1964 post Typhoon Karen rebuild, as this project will adapt the building for re-use as a MSSI headquarters facility.

Pre-negotiated priced elements negotiated at the time of award shall include follow-on efforts should monitoring identify cultural deposits that represent a historic property, or human skeletal remains.

This effort will be performed in accordance with all applicable federal laws and regulations, including the Antiquities Act of 1906, the Archaeological Resources Protection Act (ARPA) of 1906, and ARPA implementing regulation (32 CFR Part 229). Naval Facilities Engineering Systems Command, Pacific will administer this task order. All work must be performed following applicable and appropriate Department of Defense (DOD) guidance and policy for the Department of the Navy Cultural Resources Program and consider all site documentation and reports to date. Under this PWS, the Contractor shall provide all materials, supplies, supervision, coordination, and management necessary to complete the work as required.

1.1 PRIMARY OBJECTIVE

The primary objective of this project is to provide cultural resources support for design and construction of MSSI facilities at NBG and AAFB. Before construction activities can begin, data recovery at Site 9976, HABS documentation and preparation of an HSR for Buildings 206 must be completed. During construction and demolition, archaeologists shall monitor ground-disturbing activities, focusing on identifying in-situ cultural deposits and features.

Archaeological monitoring efforts shall be consistent with the monitoring requirements outlined in the base contract. Monitoring will examine sediments for cultural materials, including human remains and assessing the finds for recommendations of eligibility for listing in the National Register of Historic Places. Any deposits identified during archaeological monitoring that represent a site and that may be eligible for listing in the NRHP shall be included as part of pre-negotiated priced element emergency data recovery efforts.

Data recovery efforts will focus on sufficiently characterizing the site and determining vertical and horizontal extents of surface features and subsurface cultural deposit at Site 9976. Data recovery should address the research design and include topics such as regional subsistence and settlement patterns.

Documentation of Building 206 shall be in accordance with the HABS standards and guidelines and accepted by the National Park Service’s Heritage Documentation Programs. Development of an HSR shall provide documentation of facility conditions and recommendations for adaptive reuse.

The contractor shall obtain final approval of the work required by Naval Facilities Engineering Systems Command (NAVFAC), Pacific upon completion of these performance objectives as specified in Section 7.0 PERFORMANCE MEASUREMENT AND PAYMENT SUMMARY AND OFFER

SCHEDULE.

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1.2 BACKGROUND

The MSSI facilities will be built in three areas: one 14 hectare (ha)/34 acre (ac) parcel containing Site 9976 (.13 ha/.33 ac) on NBG, and two on Andersen Air Force Base, including the former Palm Clubhouse location measuring 35,996 ft2, and an undeveloped 86 ha/211 ac parcel.

Previous archaeological survey identified Site 9976, a Latte set with an associated artifact scatter, at NBG. Although WWII-era activities have disturbed portions of the site area, previous study has confirmed that subsurface cultural deposit is intact.

Post WWII development saw an interest in long-term forward basing military forces on Guam.

Morale, Welfare and Recreational facilities included Building 206, the Palm Clubhouse, built in 1964 as part of massive rebuilding efforts following Typhoon Karen. The original construction was 15,600 ft2. The clubhouse was later expanded to the current footprint.

SECTION 2.0 – WORK ELEMENTS

The Contractor shall furnish all labor, materials, tools, supplies, services, equipment, and project management. The contractor shall conduct all work in accordance with all federal regulations and approved work plans.

The contractor’s work areas and activities at the site shall be subject to inspection without announcement by the Contracting Officer Representative (COR).

The Contractor’s proposal should be presented in standard proposal format.

The estimate should include the following work elements:

WORK ELEMENT 1: Project Management WORK ELEMENT 2: Historic Structures Report (HSR) WORK ELEMENT 3: Historic American Buildings Survey (HABS) WORK ELEMENT 4: Data Recovery WORK ELEMENT 5: Archaeological Monitoring WORK ELEMENT 6: Laboratory Analyses WORK ELEMENT 7: Results Reports WORK ELEMENT 8: Interpretive Components PRE-PRICED WORK ELEMENT 19: Emergency Data Recovery PRE-PRICED WORK ELEMENT 210: Emergency Recovery of Human Skeletal

Remains

2.1 WORK ELEMENT 1 – Project Management

2.1.1 The Contractor shall attend a kick-off meeting prior to beginning fieldwork, within 14 days after award of contract. The date and time will be mutually agreed upon by the Contractor and the Navy COR. The purpose of this meeting is to make an introduction of key personnel, discuss schedule, and arrange access to facilities and Installation areas.

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2.1.2 Prior to the start of fieldwork, the Contractor shall submit a Site Safety and Health Plan. DELIVERABLES section details the timeline for submission of a Draft Site Safety and Health Plan and of a Final Site Safety and Health Plan.

2.1.3 A written weekly status update will be sent to the Navy COR each Monday. The status update would include the progress of ongoing efforts and noteworthy findings.

2.2 WORK ELEMENT 2 – Historic Structures Report (HSR)

2.2.1 The Contractor shall produce a one (1) HSR for Building 206, the Cold War era building eligible for inclusion in the National Register of Historic Places. The HSR is a compilation of facility history, significance, and existing conditions known and/or observed at the time of the fieldwork. It is intended to be a primary reference used in decision-making about treatments and reuse. The HSR shall follow the report content and organization prescribed by the National Park Service in Preservation Brief 43, Reference (a).

2.2.2 The Contractor shall prepare a Draft, Preliminary Final, and Final HSR:

2.2.3 The Contractor shall develop Draft Treatment Recommendations following the Secretary of the Interior’s Standards and Guidelines, Reference (b), to then be incorporated into the Draft, Preliminary Final and Final HSRs.

2.2.4 The Contractor shall prepare a Draft HSR that takes into account initial Government and other party discussion about the Draft Treatment Recommendations at the Post-Fieldwork Debrief. The Draft Treatment Recommendations shall be incorporated into the Draft HSRs.

2.2.5 The Contractor shall prepare a Preliminary Final HSR for submittal to the Navy for comment. The Pre-Final HSRs shall incorporate comments received on the Draft HSR.

A comment matrix indicating the action taken to resolve each comment shall accompany the report.

2.2.6 The Contractor shall prepare a Final HSR that incorporates comments received on the Pre-Final HSR. A comment matrix indicating the action taken to resolve each comment shall accompany the report.

2.2.7 Specific deliverables for this Work Element are described in Section 6.0 Schedule of Deliverables.

2.3 WORK ELEMENT 3 – Historic American Buildings Survey (HABS)

2.3.1 The Contractor shall prepare HABS Level II documentation for Building 206. The documentation shall conform to the National Park Service’s Heritage Documentation

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Programs Standards and Guidelines (Reference (c)) and, upon completion, shall be accepted by the National Park Service’s Heritage Documentation Program.

The Contractor shall assume twelve (12) large-format, black and white photographs will be required to adequately document the facility.

2.3.2 Photography and site visits shall be completed within sixty (60) calendar days of the award of contract.

2.3.3 The Contractor shall prepare a Preliminary Draft, Draft,…