Sol_140F0920Q0020.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

F09

Falls Church VA 22041-3803

MS: BMO

5275 Leesburg Pike

FWS, DIVISION OF CONTRACTING AND FA

0008349886 CODE 16. ADMINISTERED BYCODE

X

X

X

926150

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORF06

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/08/2020 1700 ET

06/23/2020

7033582024Tonia Ellen (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140F0920Q0020

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 33 0040493696OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

CHINCOTEAGUE ISLAND VA 23336-0062

P.O. BOX 62

FWS CHINCOTEAGUE NWR

15. DELIVER TO

LAKEWOOD CO 80228-1807

134 UNION BOULEVARD

LAKE PLAZA NORTH

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FWS, DIVISION OF CONTRACTING AND GE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Chincoteague National Wildlife Refuge needs to acquire Permit Services

POC:

Program Office: Kevin Holcomb, 757-336-6122, ext.

2319, kevin_holcomb@fws.gov Contract Office: Tonia Ellen, 703-358-2024, Tonia_ellen@fws.gov

This is a combined synopsis/solicitation for (Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Tonia Ellen

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number for this Request for

Quote is 140F0920Q0020

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular, 2020-06D thru June 5, 2020

The North American Industry Classification System

(NAICS) code is 926150

The Government contemplates a single award, Firm

Fixed Price Award resulting from this solicitation.

Period of Performance will be a one-year base period

The provision at 52.212-1, Instructions to

Offerors¿Commercial, applies to this acquisition and a statement regarding any addenda to the provision)

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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(A) (B) (C) (D) (E) (F)

140F0920Q0020

The Award will be based on lowest price technically acceptable

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications¿Commercial Items, with its offer, or submit a printout to their Online Reps and Certs.

The clause at 52.212-4, Contract Terms and

Conditions¿Commercial Items, applies to this acquisition.

The clause at 52.212-5, Contract Terms and

Conditions Required To Implement Statutes or

Executive Orders¿Commercial Items, applies to this acquisition.

NO FAXES WILL BE ACCEPTED

Please submit Quote and Questions regarding this

Solicitation send to:

Contracting Officer: Tonia Ellen (

Tonia_ellen@fws.gov)

Legacy Doc #: FWS

Delivery: 04/30/2021

Period of Performance: 07/31/2020 to 04/30/2021

00010 PERMITTING AND WETLAND DELINEATION WORK

SEE SCOPE OF SERVICES FOR DETAILS

Product/Service Code: F114

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- ENVIRONMENTAL LICENSING AND

PERMITTING

Section - I

Continued ...

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Sponsored by GSA

FAR (48 CFR) 53.110

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140F0920Q0020

Clauses

52.252-2 Clauses Incorporated by Reference. (FEB

1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the

Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

For FAR clauses:

http://acquisition.gov/far/index.html

For DOI clauses:

https://edit.doi.gov/pam/programs/acquisition/pama reg

(End of clause)

Clauses Incorporated By Reference

Clauses

52.203-17 Contractor Employee Whistleblower

Rights and Requirement To Inform Employees of

Whistleblower Rights. (APR 2014)

52.204-19 Incorporation by Reference of

Representations and Certifications (DEC 2014)

52.212-4 Contract Terms and Conditions -

Commercial Items. (OCT 2018)

52.225-25 Prohibition on Contracting with

Entities Engaging in Certain Activities or

Transactions Relating to Iran-Representation and

Certifications. (OCT 2015)

Section - II

Clauses

52.212-5 Contract Terms and Conditions Required

To Implement Statutes or Executive

Orders¿Commercial Items. (JAN 2019)

(a) 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 items:

(1) 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)).

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140F0920Q0020

(2) 52.209-10, Prohibition on Contracting with

Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31

U.S.C. 3553).

(4) 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)).

(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 items:

__ (1) 52.203-6, Restrictions on Subcontractor

Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10

U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business

Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (June 2010) (Section 1553 of Pub. L. 111-5).

(Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive

Compensation and First-Tier Subcontract Awards

(Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting

Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting

Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

__ (8) 52.209-6, Protecting the Government¿s

Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment.

(Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available

Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

Continued ...

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__ (12)(i) 52.219-4, Notice of Price Evaluation

Preference for HUBZone Small Business Concerns

(OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small

Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small

Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business

Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business

Subcontracting Plan (Jan 2017) (15 U.S.C.

637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders

(Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting

(Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated

Damages¿Subcon-tracting Plan (Jan 1999) (15

U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled

Veteran-Owned Small Business Set-Aside (Nov 2011)

(15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business

Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or

Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015)

(15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or

Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small

Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003)

(E.O. 11755).

Continued ...

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_X_ (26) 52.222-19, Child Labor¿Cooperation with

Authorities and Remedies (Oct 2016) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated

Facilities (Apr 2015).

__ (28) 52.222-26, Equal Opportunity (Sept 2016)

(E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans

(Oct 2015)(38 U.S.C. 4212).

__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans

(FEB 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee

Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in

Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22

U.S.C. chapter 78 and E.O. 13627).

_X_ (34) 52.222-54, Employment Eligibility

Verification (OCT 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) 52.222-59, Compliance with Labor Laws

(Executive Order 13673) (OCT 2016). (Applies at

$50 million for solicitations and resultant contracts issued from October 25, 2016 through

April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency

(Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223-9, Estimate of Percentage of

Recovered Material Content for EPA¿Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

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140F0920Q0020

(Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42

U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and

High Global Warming Potential Hydrofluorocarbons

(JUN 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (JUN 2016) (E.O. 13693).

__ (40)(i) 52.223-13, Acquisition of

EPEAT®-Registered Imaging Equipment (JUN 2014)

(E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of

EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in

Energy-Consuming Products (DEC 2007) (42 U.S.C.

8259b).

__ (43)(i) 52.223-16, Acquisition of

EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor

Policies to Ban Text Messaging While Driving (AUG

2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O.

13693).

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (47)(i) 52.224-3, Privacy Training (JAN 2017)

(5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American¿Supplies (May

2014) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American¿Free Trade

Agreements¿Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C.

2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

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__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2016) (19

U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (51) 52.225-13, Restrictions on Certain

Foreign Purchases (June 2008) (E.O.¿s, proclamations, and statutes administered by the

Office of Foreign Assets Control of the

Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private

Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National

Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency

Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting

Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of

Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (56) 52.232-30, Installment Payments for

Commercial Items (Jan 2017) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds

Transfer¿System for Award Management (Jul 2013)

(31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds

Transfer¿Other than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

__ (59) 52.232-36, Payment by Third Party (May

2014) (31 U.S.C. 3332).

__ (60) 52.239-1, Privacy or Security Safeguards

(Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business

Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (62)(i) 52.247-64, Preference for Privately

Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 items:

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[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified

Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor

Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and

Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (May 2014)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and

Service Contract Labor Standards¿Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter

67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of

Certain Equipment¿Requirements (May 2014) (41

U.S.C. chapter 67).

_X_ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services¿Requirements (May 2014) (41

U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive

Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive

Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792).

__ (11) 52.237-11, Accepting and Dispensing of $1

Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record.

The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and

Records¿Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor¿s directly pertinent records involving transactions related to this contract.

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(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause¿

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.219-8, Utilization of Small Business

Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract

Continued ...

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(except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified

Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated

Facilities (Apr 2015)

(vi) 52.222-26, Equal Opportunity (Sept 2016)

(E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans

(Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans

(Feb 2016) (38 U.S.C. 4212)

(x) 52.222-40, Notification of Employee Rights

Under the National Labor Relations Act (Dec 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards

(May 2014) (41 U.S.C. chapter 67).

(xii)

52.222-50, Combating Trafficking in Persons (Mar

2015) (22 U.S.C. chapter 78 and E.O 13627).

Alternate I (Mar 2015) of 52.222-50 (22 U.S.C.

chapter 78 and E.O 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of

Certain Equipment-Requirements (May 2014) (41

U.S.C. chapter 67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41

U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility

Verification (OCT 2015) (E.O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive

Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws

(Executive Order 13673) (OCT 2016) (Applies at

$50 million for solicitations and resultant contracts issued from October 25, 2016 through

Continued ...

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April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency

(Executive Order 13673) (OCT 2016)).

(xix) 52.222-62, Paid Sick Leave Under Executive

Order 13706 (JAN 2017) (E.O. 13706).

(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5

U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private

Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National

Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned

U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of

FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING

SYSTEM (December 2015)

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance

Assessment Reporting

System (CPARS) to comply with this regulation.

One or more past performance evaluations will be

Continued ...

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140F0920Q0020 conducted in order to record your contract performance as required by

FAR 42.15. 2. The past performance evaluation process is a totally paperless process using

CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance

Information Retrieval System (PPIRS) for

Government use in evaluating past performance as part of a source selection action.

3. We request that you furnish the Contracting

Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c. All information provided should be reviewed for accuracy prior to submission.

d. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, Continued ...

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140F0920Q0020 and then selecting ¿Accept the Ratings and Close the Evaluation¿.

e. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as ¿Pending¿ with or without comments and whether or not it has been closed.

f. If you do not sign and submit the CPAR within

60 days, it will automatically be returned to the

Government and will be annotated: "The report was delivered/received by the contractor on (date).

The contractor neither signed nor offered comment in response to this assessment."

6. The following guidelines apply concerning your use of the past performance evaluation:

a. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8.A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of notice)

52.222-50, Combating Trafficking in Persons (FEB

2009)

52.233-3, Protest after Award (AUG 1996)

52.233-4, Applicable Law for Breach of Contract

Continued ...

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Claim (OCT 2004)

52.204-10, Reporting Executive Compensation and

First-Tier Subcontract Awards (JUL 2010)

52.209-6, Protecting the Government's Interest

When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010)

52.219-28, Post Award SB Program Representation

(APR 2009)

52.222-3, Convict Labor (JUN 2003)

52.222-21, Prohibition of Segregated Facilities

(FEB 1999)

52.222-26, Equal Opportunity (MAR 2007)

52.222-35, Equal Opportunity for Special Disabled

Veterans... (SEP 2006)

52.222-36, Affirmative Action¿ (JUN 1998)

52.222-37, Employment Reports on Special Disabled

Veterans¿ (SEP 2006)

52.223-18, Contractor Policy to Ban Text

Messaging While Driving (SEP 2010)

52.225-1, Buy American Act - Supplies (FEB 2009)

52.232-29, Terms for Financing ¿ Commercial Items

(FEB 2002)

52.232-33, Payment by EFT - CCR (OCT 2003)

52.222-41, Service Contract Act (NOV 2007)

52.222-42, Statement of Equivalent Rates for

Federal Hires (MAY 1989)

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

SCOPE OF SERVICES

Contract No.

Chincoteague National Wildlife Refuge Wetland Delineation and Permitting Services for Wetland Restoration SCOPE: In accordance with the terms and conditions of this contract, the Contractor shall perform the work for the U.S. Fish and Wildlife Service (FWS) as described below.

The Scope of Services (SOS) shall provide wetland delineation and permitting services to support the design process for implementation of restoration activities at three wetlands within Chincoteague National Wildlife Refuge (Refuge). These permitting services cover the three phases of permitting efforts. These three broad phases are:

1. Design Process: Permit Scoping – The process of determining which permits apply to a project and what is required to obtain those permits.

2. Design Process: Permit Development - The completion of permit applications, the assembling of supporting documents, and writing of cover letters to create complete permit packets.

3. Design Process: Permit Acquisition – The submittal of permit packets, the shepherding of the applications through the reviewing agencies process, the resolution of issues that might arise during the review agencies process, and obtainment of a permit from each of Agency Having Jurisdiction

(AHJ).

In addition, jurisdictional wetlands, waterbody, and vernal pool delineation (if necessary) will be conducted by the contractor and a Wetland/Jurisdictional Waters Report/ Preliminary Jurisdictional Determination Report prepared. The Preliminary Jurisdictional Determination Report will address wetlands and regulated or potentially regulated waters affected or potentially affected by the project. The contractor will be responsible for making appropriate revisions to the document in response to review comments. The final report shall be suitable to submit to US Army Corps of Engineers (USACE) for determination of jurisdictional boundaries and subsequent permitting if required; as well as for the development of a Statement of Finding compliant with Executive Order 11990 and 11988.

The Contractor shall provide all materials, supplies, supervision, coordination, and management necessary to complete the work. The Contractor shall perform all necessary technical analyses, edit the documents, prepare graphics, and perform other work as required to produce the products as specified in this SOS.

CONFIDENTIALITY: The information developed under this task order is the property of the U.S.

Government and shall be kept in strict confidence.

PERFORMANCE PERIOD: The work of this contract shall be provided from approximately August 1, 2020 through July 31,2021

POINTS OF CONTACT:

Technical:

Project Manager and Contracting Officer’s Representative (PM-COR): Kevin Holcomb, 757-336- 6122, ext. 2319, kevin_holcomb@fws.gov Refuge Management:

Point of Contact – Project Coordinator: Kevin Holcomb, 757-336-6122, ext. 2319, kevin_holcomb@fws.gov Deputy Refuge Manager: Bob Leffel, 757-336-6122, ext. 2330, robert_leffel@fws.gov

DATA AND MATERIALS TO BE PROVIDED BY FWS:

In addition to those materials stipulated in the contract, the FWS will provide:

1. One electronic copy of all appropriate maps in ESRI compatible format

2. Electronic data and Information of bathymetric or topographic mapping, as available.

3. Copy of the Comprehensive Conversation Plan (electronic copy available online)

FWS can provide additional existing project documents as needed at the request of the architect-engineer contractor (A/E). However, contractor is responsible for generating or modifying documents for submittal.

I. PROJECT DESIGN DESCRIPTION

The project proposed is composed of three parts; 1) the removal of the dike and water control structure (WCS) at Sow Pond, 2) the removal of the dike and WCS at Lighthouse Meadow and 3) the creation of a marsh platform to restore salt marsh behind (landward) oyster castles on Assateague Channel fringing salt marsh impacted by grazing. While these areas are discrete, they have a commonality of a high success for restoration outcome and when conducted together they will share methodology (equipment, techniques and materials) that will create efficiency in execution of the project as a whole. NEPA compliance requirements would be tiered under the NOAA Programmatic EIS.

Sow Pond – Sow Pond (Figure 1 and 2) is an impounded historic salt marsh wetland system previously connected to Assateague Channel. Sow Pond was impounded in 1963 and is approximately 48 acres in size. The project will involve removing the dike (roughly 850 linear feet) and WCS and placing materials from the dike into the borrow ditch (currently open water) to restore elevation. The regraded material will be placed, with deference, to create high marsh habitat. Sow pond will be converted back to a natural tidal marsh transgression corridor. High marsh restoration will be the priority, with the potential of runnel construction through the unit to enhance the propagation of the lunar tides through the system. The natural channel (through the salt marsh) to the unit may need to be cleaned out and deepened, in sections, to enhance tidal flushing.

Lighthouse Meadow – Lighthouse Meadow (Figure 3) is located just northwest of the Assateague Lighthouse, encompassing a portion of the historic Assateague Village (1794-1943). At the time, this site was sparsely developed including areas of subsistence farming (agricultural fields and sheep/cattle grazing). In 1963, a dike and canal (borrow ditch) was built to create the existing impoundment (Figure 4). The current WCS is in disrepair and impedes tidal flow and drainage. The project would involve removing the water control structure and dike materials (roughly 400 linear feet) to create a larger opening restoring tidal flow to roughly 4 acres. The introduction of regular tidal inundation will aid in the development of natural tidal marsh ecosystem, and will more importantly introduction salt into the system (which is currently dominated by invasive Phragmites).

The system is of a higher elevation so it will likely transform into a high marsh, scrub-shrub, and/or buffering pine forest. This unit represents a future tidal marsh transgressive corridor. The borrow ditch will be retained to allow for tidal flow. Dike materials will be used to create a marsh platform at the Assateague Channel project below.

Assateague Channel – A large section (roughly 2150 linear ft.) of Assateague Channel (Figure 5) fringing marsh has been degraded over time and further impacted by grazing. An oyster castle project was put in place in 2016 to reestablish elevation and buffer storm surge. The oyster castle project has reduced further losses, but marsh has not reestablished behind these structures (Figure 6). In winter of 2020, the refuge fenced off the area from grazing as part of a larger grazing management strategy. This project proposes to take material from dike removal projects above (and supplemented with dredge material from past ACOE dredging projects) to reestablish marsh level elevations to restore lost salt marsh. Material will be transported to the site with dump trucks, and regraded to the design template. Discussions with the ACOE Norfolk District are ongoing for material availability, are encouraging. A 30-acre marsh platform would be created and subsequently replanted with salt marsh species.

There is interest in potential reuse of dike materials to regrade or create the marsh platform if they materials are suitable in grain size and composition.

II. SCOPE OF SERVICES (SOS) DESCRIPTION

The objective of these Wetlands Restoration Projects is to restore wetlands, tidal flow, and floodplain functional values within the project area within and adjacent to the three wetland systems described in the Project Design Description (Section I. above). The Project Sites have been altered by the creation of a man-made impoundments (ponds), dikes and an unimproved road. The impounded wetlands will be dewatered, and the dikes will be removed by removing all materials.

The areas will be graded and revegetated upon removal of the materials and debris. The impoundment portion of the proposal is to remove the dikes, restore the surface water connection to tidal flow and establish vegetated wetlands.

For the marsh platform portion of the project, the objective is to restore wetlands, allow for natural tidal flow and floodplain functional values. While this area is currently hydrologically connected, the project involves replacing elevation in a previously impacted fringing salt marsh along the backside of the barrier island. Placing a marsh platform to an elevation and grade is necessary to encourage salt marsh vegetation and replant as appropriate to avoid further losses of this habitat.

Wetland Delineation The wetland delineation work shall initially consist of the following:

a) Conduct field studies to determine the presence of features that meet the definition of wetlands, vernal pools, Waters of the U.S., Waters of the State, or other waters as defined herein within the three project sites.

b) Perform delineation (including GPS survey of flagged boundaries) of all wetlands and vernal pools, "Waters of the United States" and other waters subject to jurisdiction under Sections 401 and 404 of the Clean Water Act; all “Waters of the State” subject to jurisdiction under each state(s) law; and all wetlands subject to procedures for Executive Order 11990 and 11988: Wetland and Floodplain Protection. A-E will create GPS polygon submeter shapefiles, illustrated on the GIS maps, following the delineation of wetlands and vernal pools within each project site.

c) Perform an assessment of wetland functions and values in order to facilitate evaluation of the project’s impacts on wetlands and to determine potential future actions under Corps of Engineers Section 404 permits, applicable State Section 401. Functions can be discussed in a broad manner following the acceptable Functional Assessment Methodology, so long as the method is sufficient for the development of mitigation plan that will meet regulatory requirements and approval by Commonwealth of Virginia. A Functional Assessment shall be prepared in case a Statement of Findings is needed.

This may include the identification and analysis of an appropriate reference site(s) for waters and for wetlands. Existing reference sites may be utilized if known and accepted by Commonwealth of Virginia.

d) Prepare and submit a report from the field data for review and approval.

Permitting Services The permitting services work shall consist of the scoping of required permits; the identification and preparation of documents need for obtaining permit; development the application package; and acquisition of the permits needed for conducting the scope of work as described in Section I from the AHJs. The acceptable outcome of the this scope of services is the issuance of permits from the AHJs by the required date of for submittal of the bid package to the contracting officer that allows the described scope of work for the wetland delineation and permitting service for wetland restoration to be conducted.

The work of this contract consists of Preparing a Permit Plan Report.

III. SCOPE OF SERVICE REQUIREMENTS

GENERAL

Wetland Delineation The purpose of the Preliminary Jurisdictional Determination Report is to address wetlands and regulated or potentially regulated waters affected or potentially affected by the project. The contractor will be responsible for making appropriate revisions to the document in response to review comments. The final report shall be suitable to submit to US Army Corps of Engineers (USACE) for determination of jurisdictional boundaries and subsequent permitting if required; as well as for the development of a Statement of Finding per Executive Order 11990 (Protection of Wetlands) and 11988 (Protection of Floodplains).

The Contractor shall provide all materials, supplies, supervision, coordination, and management necessary to complete the work as and when required. Graphics, photos, maps, charts, etc. must be in a format suitable for reproducing in black and white imagery. Maps will be provided geo-referenced and in a format compatible with ArcGIS 10.X. Provide wetland delineation maps showing GPS data, OHWM and wetland lines on base mapping. Stream channels will be mapped utilizing OHWM, centerline, and top of bank, direction of flow, adjacent wetlands, and associated buffer area if applicable. The wetland delineation maps will be submitted digitally as PDF files and as shapefiles compatible with ArcGIS 10.X.

The fieldwork, recording, transmittal procedures, and report standards shall meet accepted professional and guidelines and the Secretary of the Interior’s Standards and Guidelines. All work under this task shall be conducted by a Professional Wetland Scientist (PWS) or a professional with formal training in the USACE 1987 Wetland Delineation and Supplements. The work of this task shall be performed in accordance with and the Contractor shall utilize the following:

a) Sections 401 and 404 of the Clean Water Act.

b) Applicable state law as it relates to “Waters of the State”.

c) Executive Order’s 11990 and 11988:

d) Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral and Northeast Region and Mid Atlantic (Version 2.0) (Regional Supplement).

Field Survey Work This element of work shall consist of onsite investigations and wetland and waters delineation as defined herein using the 1987 Corps of Engineers Wetland Delineation Manual and Regional Supplement for vegetated wetlands, and the Cowardin et al. (1979) system for classifying wetlands and deepwater habitats in accordance with policy. Identification of ordinary high water marks (OHWM) will be completed in accordance with the USACE Regulatory Guidance Letter No. 05-05 Ordinary High Water Mark Identification (2005) to ascertain the lateral limits of jurisdiction. The OHWM shall be flagged and located by sub-meter GPS. Where watercourses are less than a few feet wide, the OHWM width shall be recorded, and the centerline of the watercourse shall be flagged and located by sub-meter GPS.

The wetland delineation survey area shall include a 100-foot-wide corridor centered on any existing and/or proposed temporary access road centerline (50 feet either side of centerline). The survey area shall also include any potential construction staging area(s) which may include existing cleared and graded (previously disturbed) areas.

Should a vernal pool survey be applicable; two separate vernal pool survey visits shall be completed in accordance with protocols accepted by the appropriate Office of the U.S. Army Corps of Engineers and the State Agency.

The contractor will arrange with staff for visiting site and provide survey dates before beginning any field work.

a) Contactor shall acquire and review existing topographic maps and provide wetland polygons via

GPS in the boundary area, National Wetland Inventory Maps (NWI), National Cooperative Soil Survey (NCSS) soil surveys, technical publications, aerial photographs, government furnished materials and other existing information necessary for determining the potential locations of wetlands and all waters within the project boundaries and for evaluating their soil, hydrology, vegetation, and related characteristics. Obtaining available base maps is the responsibility of the Contractor. b) Conduct onsite investigations to examine and document required soil, hydrology, and vegetation characteristics of all wetlands using methods approved by the Corps and the for wetland delineations. Delineate all wetlands and all waters as defined and required herein.

c) The contractor will utilize GPS and shapefiles to determine the outermost boundary of each wetland within the described boundary. See attached project area maps.

d) Hydrology showing the boundaries of the watershed and/or sub-watershed. This will be required in the permit application.

e) The Contractor shall complete the onsite investigations and wetland and waters delineation field work.

Wetland/Jurisdictional Waters and Functional Assessment Report (Report)

a) Prepare a Preliminary Jurisdictional Determination report. Identify the boundaries of all wetlands including Corps jurisdictional wetlands, all other wetlands, waters and deepwater habitats (Cowardin et al. 1979). Classify all wetlands and deepwater habitats according to Cowardin et al.

(1979). The contractor shall include in the report the data sheets, maps and narrative from the wetland delineations within the proposed construction staging areas that were completed during survey work.

b) Plot all delineated wetlands and waters on 1:2400 scale (1"=200') base maps. Base maps shall be provided by the Contractor. Identify Cowardin classification for each delineated wetland.

c) Data Sheets - Include one paired set of 1987 Manual Regional Supplement wetland-upland data sheets will be provided for each linear mile of carriage road survey area (i.e., up to 6 paired wetland-upland data sheet sets). Additional wetland data summary forms will be provided for each delineated feature. All areas identified as problem areas, atypical situations, non-jurisdictional wetlands, or other non-routine methods used shall also be recorded on data sheets. Any State Agency wetland, vernal pool or wildlife survey documentation forms will be utilized and provided for each applicable state.

d) Corresponding Figures and Maps - Include areas within the expected construction limits plus adjacent areas that are characterized as permanently modified (as classified by and USACE) such that they no longer meet the wetland hydrology criterion and are now non-wetland. Report narratives for these sites should describe the nature of the activity suspected of causing the wetland loss and include a discussion of the potential for restoration. All sampling plots used in these determinations must be located on the wetland maps. It is assumed that up to ten (10) graphics, including the report cover, will be incorporated into the Preliminary Jurisdictional Determination report.

e) A numbering system must be used such that each sampling location identified on the maps can be linked to its corresponding data sheet.