S01-RFQ 12FPC124Q0021 Cultural Resources-6-13-2024.pdf

United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Cultural Resources/Historic Properties Inventory

Oklahoma

RFQ #12FPC124Q0021

FOR SOLICITATION INFORMATION: Priscilla Perry priscilla.perry@usda.gov Phone: (202) 401-0632

Pedro Arritola-Vazquez pedro.arritola-vazquez@usda.gov Phone: (720) 544-2886

OFFER DUE DATE/LOCAL TIME: June 27, 2024

5:00 PM CST

mailto:priscilla.perry@usda.gov mailto:pedro.arritola-vazquez@usda.gov

A Solicitation/Contract Form

A.1 SF 1449 – to be provided upon award

A. 2 Department/Agency

A.2.1 United States Department of Agriculture (USDA)

Natural Resources Conservation Service (NRCS)

A.3 Contracting Office

A.3.1 Farm Production and Conservation - Business Center

Acquisition and Procurement Division Central Section 1- Operations Branch

A.4 Contracting Officer

A.4.1 Pedro Arritola-Vazquez, email: Pedro.Arritola-Vazquez@usda.gov, (720) 544-2886.

A.4.1.1 Contract Specialist: Priscilla Perry, email: priscilla.perry@usda.gov, (202) 401-0632.

A.4.2 Any USDA FPAC BC Contracting Officer can act on this contract should the need arise.

A.4.3 A Contracting Officer is the only individual who can legally commit or obligate the

Government for the expenditure of public funds. Only the contracting officer has authority to: (1) increase or decrease the award amount; (2) direct or negotiate any changes; (3) modify or extend the period of performance; (4) change the schedule of completion; (5) authorize payment under this order; (6) otherwise modify any terms or conditions of this Contract.

A.5 Program Office

A.5.1 Natural Resources Conservation Agency Oklahoma State Office

A.5.2 Point of Contact: TBD After Award

A.5.3 The program office point of contact will act as the liaison to coordinate activities between the Contractor and Contracting Officer, as required, in the performance of the work under this contract. They have the authority to provide technical clarification of the contract requirements but does not have the authority to modify any contract provisions, including, without limitation, changing the scope of work, the cost/price thereof, or the performance delivery schedule(s) therefore. Technical clarification will be issued in writing within 5 (five) calendar days after verbal issuance.

End of Section

B SF 1449 Services/Supplies and Prices/Costs

B.1 Contract Type

B.1.1 Purchase Order

B.1.2 Firm Fixed Not to Exceed Price

B.2 Pricing

B.2.1 The fixed not-to-exceed price for the entire order is $______ (To be provided upon award)

B.2.2 The total not-to-exceed amount for each period is as follows:

B.2.2.1 Base Period (POP Dates TBD After Award): $________

B.2.2.2 Option Period One (POP Dates TBD After Award): $________

B.2.2.3 Option Period Two (POP Dates TBD After Award): $________

B.2.2.4 Option Period Three (POP Dates TBD After Award): $________

B.2.2.5 Option Period Four (POP Dates TBD After Award): $________

C Statement of Work

C.1 Part 1: General Information

C.1.1 It is the mission of the Natural Resources Conservation Service (NRCS) to provide leadership in a partnership effort to help people conserve, maintain, and improve our nation’s natural resources and environment. The NRCS accomplishes this mission by providing technical and financial support through several federal programs.

C.2 Introduction/Background

C.2.1 The NRCS is soliciting quotes from contractors for the completion of an intensive pedestrian cultural resources/historic properties inventory, including subsurface probes, on privately-owned lands of range, pasture, and non-industrial forest throughout Oklahoma, not to exceed 1,000 acres. For this undertaking, NRCS Oklahoma is providing technical and financial assistance to private agricultural producers that is intended to improve overall environmental conditions, reduce soil losses, improve wildlife ecosystems, promote Monarch butterfly habitats, and increase forage production. Because the undertaking will receive federal funding from the NRCS, through the U.S. Department of Agriculture’s Farm Bill, it is considered an undertaking that is subject to review for potential impacts to cultural resources/historic properties under Section 106 of the National Historic Preservation Act (NHPA). Identification of cultural resources/historic properties within the areas of potential effect (APE) is therefore necessary before treatment can occur.

C.3 Scope

C.3.1 Prior to implementing the proposed management practices, contractors will complete an intensive pedestrian cultural resources/historic properties inventory, with subsurface probing, of the APEs to identify cultural resources/historic properties that may be adversely affected as a result of the undertakings. The APEs for this project consist of multiple properties of variable acreage amounts on private land located throughout the state of Oklahoma. The APEs will be used to define the cultural resources inventory areas for the purposes of this project which will include block parcels (acreage/hectares) for pond sites, brush management, linear parcels associated with firebreaks/fireguards, standard fencing, and underground livestock water pipelines. Pipeline surveys might also include the installation of watering facilities (e.g., trough or tank) at their terminus.

C.3.2 A cursory review of records documenting previous cultural resources/historic properties inventories and previously recorded cultural resources/historic properties will be provided by the State POC. All undocumented cultural resources/historic properties identified within the APEs, as a result of the pedestrian and subsurface cultural resources/historic properties inventory, including subsurface probes will be documented according to professional standards, and archaeological sites/historic properties will be evaluated for listing on the National Register of Historic Places (NRHP). Contractors will be required to complete and submit to the NRCS required archaeological site documentation as determined by NRCS for newly identified historic properties, as well as a cultural resources report for each parcel (APEs), detailing the results of each individual inventory. The report will also be completed

C.3.2.1 to professional standards as stated in 36 CFR 800.4, 36 CFR 800.5, and 36 CFR 800.11, 36CFRPart800_as_amended2004_web.doc (achp.gov), while also adhering to Oklahoma State Historic Preservation Office Fact Sheets #12 fs12arch.pdf (okhistory.org) and #16 fs16archreports.pdf (okhistory.org). Contractors will also be required to submit all electronic data (e.g., GIS shapefiles, digital images, etc.)

collected during the pedestrian and subsurface probing inventory.

C.4 Applicable Documents

C.4.1 Procedures for complying with the mandates are outlined in the following references:

C.4.1.1 Section 106 of the National Historic Preservation Act (NHPA), as amended C.4.1.2 36 CFR 800; Protection of Historic Properties C.4.1.3 Archaeology and Historic Preservation: Secretary of Interior’s Standards and

Guidelines C.4.1.4 Archaeological Resources Protection Act (43 CFR Part 7) C.4.1.5 NRCS National Cultural Resources Procedures Handbook C.4.1.6 NRCS General Manual 420, Part 401 C.4.1.7 NRCS National Environmental Compliance Handbook C.4.1.8 Oklahoma SHPO, Factsheet #10

C.4.1.9 Information on Section 106 of the NHPA, 36 CFR 800, and the Secretary of

Interior’s Standards and Guidelines is available from the Oklahoma State Historic Preservation Office at http://www.okhistory.org/shpo/section106.htm

C.5 Part II: Work Requirements

C.5.1 Contractors shall gather sufficient information to enable NRCS Oklahoma to remain in compliance with federal and state cultural resources/historic property preservation laws for the completion of these undertakings. Contractors shall insure that the provided cultural resources services will comply with all applicable federal, state, tribal, and local laws, and requirements, and shall be consistent with NRCS cultural resources program goals and objectives. All work must be performed in accordance with the “Secretary of Interior’s Standards and Guidelines for Archaeology and Historic Preservation”. The NRCS retains the responsibility for all decision-making and consultation required of federal agencies related to compliance with cultural resources/historic properties protection laws and regulations.

C.5.1.2 Contractors must meet the Secretary of Interior’s professional standards as specified in Section 112(a)(1)(A) of the NHPA and in the implementing regulations for Section 106 of the NHPA at 36 CFR 800.2(a)(1) and 36 CFR 800.2(a)(3).

Contractors will be used in accordance with 36 CFR 800.2(a)(3) (“Use of Contractors”). The contractor must furnish all labor, equipment, supervision, materials, and incidentals necessary to perform archaeological surveying, recording, mapping, evaluating, and reporting. The contractor will furnish a qualified Principal Investigator in accordance with 36 CFR 61.5. The contractor must coordinate with the Oklahoma NRCS Cultural Resources Specialist (archaeologist) to ensure that all approvals, authorities, rights, permits, and easements necessary for conducting the cultural resources/historic properties survey at a minimum of one week prior to initiating fieldwork.

https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf https://www.okhistory.org/shpo/docs/fs12arch.pdf https://www.okhistory.org/shpo/docs/fs12arch.pdf https://www.okhistory.org/shpo/docs/fs16archreports.pdf http://www.okhistory.org/shpo/section106.htm

C.6 Part III. Technical Requirements

C.6.1 Pre-Field Work Requirements

C.6.2 Prior to fieldwork, NRCS will provide the contractor color aerial photographs, USGS 7.5-minute series topographic maps (1:24,000), General Land Office plat maps (when applicable), and maps depicting known historic properties within one mile of the APEs that will denote the undertakings’ APEs. Upon receipt of the data, the contractor will coordinate with the Oklahoma NRCS Cultural Resources Specialist (archaeologist) and schedule the field work. Dates, times, and number of individuals involved in the surveys will be provided so that the Oklahoma NRCS Cultural Resources Specialist (archaeologist) can advise and coordinate with the private landowner(s) for ingress/egress to the APEs.

C.7 Pedestrian Inventory and Subsurface Probing Requirements

C.7.1 The estimated quantity of cultural resources/historic properties inventories will not exceed 1,000 acres of privately-owned rangeland, pastureland, and non-industrial forestland throughout Oklahoma. Contractor will be responsible for designing and completing a pedestrian inventory with shovel testing, to professional standards, using transects spaced no more than 30 meters apart with subsurface probing no more than 30 meters apart for block parcels, unless otherwise instructed.

Transects may be GPS-oriented, compass-oriented, contour-oriented, or meander, depending on the terrain, the dimensions of the APEs, and Cultural Resources Specialist’s (archaeologist’s) discretion. Subsurface probes will be no less than 20 centimeters square and will vary in depth based on the conservation practice (i.e., fence, pipeline, watering facility or brush management). Linear parcels associated with firebreaks/fireguards, generally 3-6 meters wide to a depth of 15 centimeters, standard fencing, and underground livestock water pipelines, generally 0.60 meters wide and 0.60 meters deep for both, will be surveyed in a similar manner to the block parcels. Pipeline surveys might also include the installation of watering facilities (e.g., trough or tank) no greater than 3 meters square. Two subsurface probes to a depth of 15 centimeters will be executed for watering facilities. Pond sites, not to exceed 3800 cubic meters (i.e., 5000 cubic yards) are also part of this task order. No fewer than four subsurface probes will be excavated for pond sites.

Linear feet APEs will use conservation practice dimensions to calculate actual acreage.

C.7.2 The pedestrian inventory, coupled with subsurface probes, shall result in the identification and recordation of cultural resources/historic properties observable on the surface and in exposed subsurface profiles. All identified archaeological sites must be recorded and evaluated for inclusion on the NRHP, as set forth in 36 CFR

60. For each site, the contractor will provide NRCS Oklahoma with an overall assessment of site conditions and shall also provide NRHP eligibility recommendations. Determinations of NRHP eligibility will be made by the NRCS in consultation with the Oklahoma SHPO and other consulting parties, as appropriate.

These determinations will lead to a “determination of effects”, and possibly, to the development of mitigation measures.

C.7.3 All field crews will be directly supervised in the field by a qualified Crew Chief.

Areas that present a potential hazard to the survey crew may alter the pedestrian inventory spacing and shovel testing requirements noted above. Areas of extreme health hazard (e.g., hazardous materials, burning fires, etc.) should be avoided, and the location of such areas will be disclosed to the NRCS. Changes in survey strategy due to environmental conditions will be discussed with the Oklahoma NRCS Cultural Resources Specialist (archaeologist). Significant changes to the survey strategy shall be approved by the Oklahoma NRCS Cultural Resources Specialist (archaeologist) prior to making the change. Artifacts shall not be collected but must be photographed and drawn to scale in field notebooks for later report-reproduction. Those areas requiring further examination, will be shovel tested until three contiguous negative shovel tests are encountered, to determine the extent/dimensions of the cultural resource/historic property.

C.8 Cultural Resources/Historic Properties Documentation Requirements

C.8.1 Documentation for all cultural resources/historic properties will adequately record the geographic location, physical characteristics, and scientific, historic, archaeological, architectural, traditional, educational, conservation, and interpretive values. For the purposes of this Statement of Work, archaeological sites, and isolated finds (IFs) are defined using the following parameters:

C.8.2 - Archaeological Site: A site is “the location of a prehistoric or historic occupation or activity, or a building or structure, whether standing or ruined.”

A site is anything that falls within the preceding definition and is more than an

IF.

C.8.3 - IF: Any non-structural remains of a single event: alternately, any non-structural assemblage of approximately two or fewer artifacts within an area of approximately five square meters or less.

C.8.4 If cultural resources/historic properties are identified during the inventory that do not fall within the parameters noted above, the contractor will be required to work with the NRCS Oklahoma Cultural Resources Specialist (archaeologist) to determine whether the resource is an archaeological site or an IF.

C.9 Archaeological Sites

C.9.1 Previously recorded archaeological sites located within the APEs shall be revisited, and the site documentation updated and revised as appropriate on an Oklahoma Archaeological Survey update form. All new sites identified during the inventories must be precisely located on a 1:24,000 scale topographical map and documented on an Oklahoma Archaeological Survey (OAS) archaeological site form and/or Oklahoma SHPO Historic Preservation Resource Identification form, as appropriate.

All archaeological sites will be evaluated for eligibility to the NRHP. A GPS data collector shall be used to record the location of all sites and shovel tests. All GPS data must be differentially corrected and plotted on field sketch maps, USGS 7.5-minute series topographic maps (1:24,000) and aerial photography representing the APEs.

C.9.2 Archaeological site documentation must include a detailed sketch map with a legend. Sketch mapping will include all site concentrations, diagnostic artifacts, tools, structures, or features. Each sketch map will include a legal location (i.e., Township, Range, & Section[s]). A site datum must be established, mapped using GPS, and depicted on the site sketch map. Mapping by a transit, total station, tape and compass, or GPS is allowed. The provenience of all surface and subsurface diagnostic artifacts and tools must be indicated on the site sketch maps. All diagnostic artifacts shall be drawn and/or photographed as appropriate. Artifacts shall be deemed "diagnostic", either chronologically or functionally (e.g., projectile points, ceramics, scrapers, drills, and ground stone). All temporal information provided by the artifacts shall be recorded on the aforementioned forms and the final report. The sketch map(s) will be reproduced for the report.

C.9.3 Historical archaeological sites are cultural resources/historic properties that are likely or possibly 50 years old, even if this age cannot be conclusively proven. In some instances, “exceptionally important” places can be less than 50 years old and still considered eligible for listing on the National Register of Historic Places. Exceptions to the “general rule” (50 years old) occur if sufficient time has passed to obtain a scholarly perspective on the events, individuals, or structures associated with the resource.

C.9.4 Historical archaeological sites shall be recorded, described, and mapped in terms of the artifacts and features present (i.e., number and types of tin cans, bottles, wood and metal debris, structures, road or trail remnants, or other artifacts or features).

Historic features, such as foundations, shall also be recorded as sites. Historic trail ruts or other historic routes shall be recorded and mapped using the aforementioned SHPO and/or OAS forms.

C.9.5 A minimum of four-color photographs, displaying different aspects, shall be taken of each site recorded. An overall site photograph is required, and pertinent diagnostic artifacts should be photographed and sketched. All petroglyphs/pictographs, foundations, and unusual features shall be photographed.

C.9.6 The contractor shall review and edit all site documentation prior to submittal to the Oklahoma NRCS Cultural Resources Specialist (archaeologist) to ensure that all required forms are properly completed, and all information is legible. Special attention shall be paid to the accuracy of location data (road numbers, distances, directions, UTM, township, range, and section. etc.).

C.10 IFs

C.10.1 Recorded information on an IF will include the location of the IF (Township, Range and Section and UTM) and a brief description. Presentation of information on IFs will be included in the cultural resources report. The location of the isolate shall be marked on a USGS 7.5-minute series topographic maps (1:24,000). Diagnostic artifacts shall be sketched or photographed, as appropriate.

C.11 Reporting and Deliverables Requirements

C.11.1 Upon completion of fieldwork, the contractor shall produce a brief status cultural resources report that details the results of the pedestrian and subsurface probing inventory. The status report will note the number of acres that were inventoried for cultural resources/historic properties, the number of sites that were identified, and any difficulties that were encountered during fieldwork.

C.11.2 After submittal of the status report, the Contractor shall produce a draft report that details the results of the cultural resources/historic properties investigation. The report format and content shall be sufficient to satisfy current Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation and satisfactory to the Oklahoma SHPO (SHPO Factsheet #10). The draft report shall contain sufficient information to permit NRCS Oklahoma to make an informed “determination of effects”, and information must be presented in such a manner as to allow an outside party to understand the basis for the decision or finding. Keeping in mind Factsheet #10, at a minimum, the survey report shall include:

C.11.3 A purpose statement and full project description, including anticipated direct and indirect impacts, location and total acreage, map reference, legal description, general environmental description, and the historic context by which sites will be evaluated. Names and duties of personnel conducting the inventory and dates of the field work shall also be included.

C.11.4 A summary of previous archaeological research in the general area.

C.11.5 A thorough description of the field methods used.

C.11.6 The results of the inventory with a description of each cultural resource/historic property/site located in the project area, including previously recorded sites.

C.11.7 An assessment of the overall conditions of each site at the time of recordation.

C.11.8 Recommendations concerning the eligibility of each site for inclusion on the NRHP (specific criteria must be assigned to each resource according to 36 CFR 60.4).

Sites should be evaluated for NRHP eligibility regarding their ability to meet criteria set forth in 36 CFR 60.4 as well as to answer research questions identified in the historic context of the report.

C.11.9 Clear, specific, and consistent management or mitigation recommendations (i.e., avoidance/redesign, exclusion fencing, monitoring, testing, data recovery, and/or cancellation of all or part of the project) for cultural resources/historic properties identified as a result of the inventory.

C.11.10 A summary discussion of conclusions and recommendations.

C.11.11 A list of references and bibliographic entries.

C.11.12 Project maps at the 1:24,000 scale showing the areas inventoried, site locations, isolated find locations, etc.

C.11.13 All site documentation including Oklahoma Archaeological Survey site forms, SHPO Historic Property Resource Inventory forms, continuation sheets, site location topographic maps, site sketch maps, site photos, and artifact illustrations.

C.11.14 The contractor shall submit a draft report, including all specified documentation, to the Oklahoma NRCS Cultural Resources Specialist (archaeologist) for review and comment. Upon receiving and incorporating the Cultural Resources Specialist’s (archaeologist’s) comments on the draft report, the contractor will generate a final report and archaeological site documentation for each APE. Final copies shall be submitted to the Oklahoma NRCS Cultural Resources Specialist (archaeologist) in duplicate in the following quantities:

C.12 Archaeological site forms and Historic Property Resource Inventory forms as appropriate:

C.12.1 NRCS Oklahoma: one set of bound copies with color photos for each project (i.e. landowner tract)

C.12.2 NRCS Oklahoma: two sets of unbound copies with color photos for each project (i.e. landowner tract)

C.12.3 In addition to hard copies of the reports and archaeological site and historic I inventory forms specified above, the contractor shall provide the Oklahoma NRCS Cultural Resources Specialist (archaeologist) with electronic copies of the report, archaeological site and historic inventory forms, project photographs, and GIS data—if applicable (i.e., cultural resources inventory area, archaeological site boundaries, datum points, diagnostic artifacts, IFs, features, etc.) identified during the inventory. The information can be submitted in electronic format as data allows.

Contact the NRCS Oklahoma NRCS Cultural Resources Specialist (archaeologist) if additional information is needed.

C.13 Period of Performance and Payment

C.13.1 The Contractor shall deliver a draft and a final professional survey report, and all site documentation as outlined above. The following performance schedule shall apply:

C.13.2 Fieldwork will be completed within 45 days from the effective date of each specific task order. The contractor shall notify the NRCS once the fieldwork has been completed.

C.13.3 Draft site forms and a draft report will be submitted to the Oklahoma NRCS Cultural Resources Specialist (archaeologist) for comment no later than 30 days after completion of fieldwork.

C.13.4 The final report and site forms will be submitted to the Oklahoma NRCS Cultural Resources Specialist (archaeologist) no later than 15 days after receiving comments from the NRCS.

C.13.5 Upon approval of the final report, NRCS will submit the final report and forms to the Oklahoma SHPO, and appropriate consultation partners for review and concurrence.

C.13.6 Exceptions for delays due to weather will be allowed, though work must be accomplished as soon as the weather allows. The contractor shall immediately notify the Oklahoma NRCS Cultural Resources Specialist (archaeologist) if exceptions to the timeframes outlined above are required.

C.14 Payment will be authorized as follows:

C.14.1 Completion of fieldwork, submission of draft report, and NRCS acceptance of final report: 75%.

C.14.2 Concurrence received from Oklahoma Archaeological Survey, Oklahoma State Historic Preservation Office, and tribal consultation partners: 25%.

C.14.3 The contractor shall submit a payment request via an invoice to the NRCS.

C.15 Part III: Supporting Information

C.15.1 Confidentiality

C.15.1.1 Information generated from the cultural resources/historic properties survey completed on behalf of the NRCS is classified as CONFIDENTIAL. Its distribution and use are restricted. No one is allowed to publish or disclose any part of this information without the permission of the NRCS.

C.15.1.2 Place of Performance

C.15.1.3 As stated previously, the APEs for this undertaking consist of privately-owned lands of range, pasture, and non-industrial forest throughout Oklahoma not to exceed 1,000 acres. The project areas are depicted in total on an Oklahoma atlas, and individual USGS 7.5-minute series topographic maps (1:24,000). The projects are located on non-contiguous land parcels.

Four-Wheel-Drive vehicles with adequate ground clearance are highly recommended for ingress/egress, although not mandatory. Some areas might be accessible by foot only. Any transportation or travel necessary for ingress/egress shall be the responsibility of the contractor.

C.15.1.4 Special Considerations

C.15.1.5 The contractor must advise the NRCS if there are any access restrictions which could delay the work. NRCS will work with the contractor and the landowner/administrator to resolve the access issues.

C.15.1.6 Technical cultural resource questions should be directed to the Oklahoma

NRCS Cultural Resources Specialist (archaeologist), Susan Lagle, at 405- 742-1249. Contracting questions should be directed to the NRCS Contracting Officer.

C.15.1.7 Changes to purchase order content, analysis approach, level of effort, schedules and deliverables shall be made in writing by a revision to the task order by the Contracting Officer. These changes must receive written approval from the Contracting Officer before additional work is commenced.

C.15.1.8 A purchase order is completed when the required end products are delivered by the contractor and accepted by the NRCS in accordance with the executed task order and any formal revision thereof.

D Reserved

E Inspection and Acceptance

E.1 Acceptance of service will be done when the work is completed in accordance with SOW.

E.1.1 Acceptance will be determined by the point of contact found under Section A.4.1 of this document.

E.1.2 Acceptance will be based on if the requirements under Section C are met.

F Performance

F.1 Period of Performance

F.1.1 The period of performance for this award shall be for one (1) base period with four

(4) one-year option periods.

F.1.2 Dates:

Period of performance dates for this order will be from the date of award.

F.1.2.1 Base Period Determined at award

F.1.2.2 Option Period One Determined at award

F.1.2.3 Option Period Two Determined at award

F.1.2.4 Option Period Three Determined at award

F.1.2.5 Option Period Four Determined at award

G Invoicing

G.1 Invoicing

G.1.1 Invoices shall be submitted in arrears.

G.1.2 Vendor will be required to set up an account within www.ipp.gov in order to receive payment.

G.1.3 The "Submit Invoice-to" address for USDA orders is the Department of Treasury's

Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/.

G.1.4 Invoices and supporting documentation shall be attached within the Invoice

Processing Platform (IPP) and shall not be submitted directly to the Contracting Officer.

G.2 Payment

G.2.1 USDA pays for services in arrears (after service is completed). No payments will be made prior to the completion of service.

G.2.2 Payment will be made after receipt of invoice or acceptance of goods whichever is later. Payment will be made via Electronic Funds Transfer.

https://www.ipp.gov/

H Reserved

I Provisions and Clauses

I.1 AGAR 452.204-70 – Inquires (Feb 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

(End of provision)

I.2 AGAR 452.211-72 – Statement of Work/Specifications (Feb 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the objectives set forth in the Performance Work Statement/Specifications referenced in Section C.

(End of clause)

I.3 AGAR 452.211-74 – Period of Performance (Feb 1988)

The period of performance for this award shall be for one (1) base period with four

(4) one-year option periods.

I.4 AGAR 452.246-70 – Inspection Acceptance (Feb 1988)

(a) The Contracting Officer or Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed after each service requirement is completed.

I.5 Limitation of Authority

The government assigned Project or Program Manager, Task POC, or COR are responsible for monitoring the Contractor’s performance. Any proposed modifications to the task order, such as changes to the scope of work, or to the terms and conditions of the task order must be authorized by the Contracting Officer.

I.6 52.217-5 - EVALUATION OF OPTIONS (JULY 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

I.7 52.217-8 - OPTION TO EXTEND SERVICES (NOV 1999)

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

I.8 52.217-9 - Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days. Provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires.

The preliminary notice does not commit the Government to an extension.

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

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

https://www.acquisition.gov/far/current/html/Subpart%2017_2.html#wp1078150

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)

Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post- acceptance rights- Within a reasonable time after the defect was discovered or should have been discovered; and

Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1

Invoice.

The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- Name and address of the Contractor;

Invoice date and number;

Contract number, line item number and, if applicable, the order number;

Description, quantity, unit of measure, unit price and extended price of the items delivered;

Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

Terms of any discount for prompt payment offered;

Name and address of official to whom payment is to be sent;

Name, title, and phone number of person to notify in event of defective invoice; and

Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

Electronic funds transfer (EFT) banking information.

The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

Payment.-

Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315. Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.212-5#FAR_52_212_5

Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

Affected contract number and delivery order number, if applicable;

Affected line item or subline item, if applicable; and

Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

https://www.acquisition.gov/far/33.211#FAR_33_211 https://www.acquisition.gov/far/32.607-2#FAR_32_607_2

If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

Amounts shall be due at the earliest of the following dates:

The date fixed under this contract.

The date of the first written demand for payment, including any demand for payment resulting from a default termination.

The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

The date on which the designated office receives payment from the Contractor;

The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

Delivery of the supplies to a carrier if transportation is f.o.b. origin; or

Delivery of the supplies to the Government at the destination specified in the contract if transportation is f.o.b. destination.

Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the

Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

Termination for cause.

The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount https://www.acquisition.gov/far/32.608-2#FAR_32_608_2 for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours, and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

The schedule of supplies/services.

The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

The clause at 52.212-5.

Addenda to this solicitation or contract, including any license agreements for computer software.

Solicitation provisions if this is a solicitation.

Other paragraphs of this clause.

The Standard Form 1449.

Other documents, exhibits, and attachments.

The specification.

[Reserved]

Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify https://www.acquisition.gov/far/52.212-5#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

Any such clause is unenforceable against the Government.

Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (May 2024)

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

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

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

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

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4

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

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on…