Solicitation RFQ_12FPC121Q0029 3 15 21 WITH CHANGES (003)_FINAL.pdf

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Soil Resource Inventory Data Collection Services Federal contract opportunity
Solicitation number
12FPC121Q0029
Issued by
Department of Agriculture Under Secretary for Farm Production and Conservation

About this file

This solicitation requests quotes for a firm-fixed price contract to provide soil resource inventory data collection services in North Dakota for the Natural Resources Conservation Service. The contractor will collect specified soil and grazing land data at approximately 95 sample sites across 53 counties to support NRCS's assessment of the status, condition, and trends of soil, water, and related resources. The contractor must have experience collecting these data according to required standards and procedures. Quotes are due by April 16, 2021 and the contract will be one base year with four optional one-year extensions, starting on or around April 23, 2021. Evaluation will be based on lowest price technically acceptable.

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Solicitation RFQ# 12FPC121Q0029

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United States Department of Agriculture (USDA) Natural Resources Conservation Services (NRCS)

Soil Resource Inventory Data Collection Services in various areas of North Dakota

FOR SOLICITATION INFORMATION: Rachel Harrison, CS

(202) 720-9463 rachel.harrison@usda.gov

Kristina Baker, CO kristina.baker@usda.gov

OFFER DUE DATE/LOCAL TIME: April 16, 2021

4:30 PM EST

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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 (FPAC) Business Center Acquisition Division

A.4 Contracting Officer

A.4.1 Kristina Baker, email: kristina.baker@usda.gov

A.5 Contract Specialist

A.5.1 Rachel Harrison, email: rachel.harrison@usda.gov Phone:

202-720-9463

A.6 Program Office

A.6.1 Natural Resources Conservation Service (NRCS)

A.6.2 Point of Contact: To Be Provided Upon Award

End of Section mailto:kristina.baker@usda.gov mailto:rachel.harrison@usda.gov

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B.1 SF 1449 Services/Supplies and Prices/Costs

B.1.1 Contract Type

Purchase Order, Fixed Price

B.2 Pricing

B.2.1 The fixed not-to-exceed price for this agreement is $_____________ (To be provided upon award).

B.2.2.1 CL IN 0001: Base Period (04/23/2021 – 04/22/2022): $_______________

B.2.2.2 CL IN 1001: Option Period One (04/23/2022 – 04/22/2023): $_______________

B.2.2.3 CL IN 1002: Option Period Two (04/23/2023 – 04/22/2024): $_______________

B.2.2.4 CL IN 1003: Option Period Three (04/23/2024 – 04/22/2025): $_______________

B.2.2.5 CL IN 1004: Option Period Four (04/23/2025 – 04/22/2026): $_______________ (Dates are approximate. Service to start April 23rd, but may start sooner depending upon award.)

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SECTION C

C.1 GENERAL INFORMATION

C.2 INTRODUCTION AND BACKGROUND

C.3 General Information

C.3.1 Work Responsibility. Contractor shall plan, program, administer, manage, and execute the work necessary to provide the specified services. The Contractor shall comply with applicable Federal, State, and local laws, regulations, and directives to include applicable publications in Section C.6. The Contractor shall perform all work in accordance with the professional licensing and certification laws of the respective state where the work is performed.

C.3.2 Services Required. The Contractor shall provide Soil Resources Inventory Data Collection Services to the US

Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) located in the state of North Dakota. The Contractor shall provide for all services, supervision, labor, tools, materials, equipment, and management necessary, unless otherwise specified (see Section C.3 and C.4), to administer and perform the specified Soil Resources Inventory Data Collection Services in accordance with the requirements specified in this PWS.

C.3.3 Contractor Direction. The Contractor shall perform services under the direction of the Contracting Officer

(CO). The Contracting Officer will designate specific technical representatives referred to as Contracting Officer’s Technical Representatives (COTR) for specific locations where services are to be performed.

Responsibility for Contract oversight at an individual location may be delegated to specific Government personnel as approved by the Contracting Officer.

C.3.4 Contractor Authority. Except in those instances where approval authority has been withheld or limits defined, the

Contractor shall take action (i.e., approve or recommend approval) on work tasks. Actions that do not meet both of these conditions shall be forwarded to the Contracting Officer Technical Representative (COTR) for final approval.

C.3.5 Work Purpose. The Contractor shall provide Soil Resources Inventory Data Collection Services to support the Natural

Resources Conservation Service (NRCS) to meet its mission statement: “The Natural Resources Conservation Service provides leadership in a partnership effort to help people conserve, maintain, and improve our natural resources and environment.”

C.3.6 Location of Contract Services

The Contractor shall provide services for the NRCS within the area specified in this Contract. The Contractor shall perform services in both the field and office environment based upon the specific task(s) assigned.

C.3.6.1 Work by the Government

The Government reserves the right to utilize Government personnel or other contractors to accomplish the same type or similar work as stated in this Contract.

C.3.6.2 Layout of Section C

C.3.6.3 Section C Contents

The following areas contained in Section C of this PWS are structured as follows:

• C-1: General Information

• C-2: Introduction and Background

• C-3: General Information

• C-4: Personnel

• C-5: Performance

• C-6: Specific Work Requirements

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• C-7: Technical Reference Library

• C-8: Technical Exhibits

• C-9: Reports and Deliverables

C.3.6.4. Technical Exhibits. Technical Exhibits are used to provide supplementary information and can be in forms of text, tables, graphs, or maps. Technical Exhibits may be referenced from any part of the PWS. Technical Exhibits for Section C have a 5-digit number that links them to a designated PWS Section; e.g., Technical Exhibit 1.3-001 is the first Technical Exhibit referenced from Section 1.3. All Technical Exhibits are contained in Section C.7.

C.3.6.5. Reports and Deliverables. The Contractor shall compile historical data, prepare required reports, and submit information as specified by the Reports and Deliverables (RD) requirements. RDs in this Contract may be referenced from any part of the Contract. RDs for Section C have a 3-digit number which links them to a designated Contract Section, e.g., RD 103R001, is the first RD referenced in Section C.1.3. A listing of all RDs is located in Section C.8 of this Contract.

C.3.7 CONTRACTOR MANAGEMENT AND RESPONSIVENESS

C.3.7.1 Contractor Responsiveness

The Project Manager or designated representative shall return all calls from the COTR within one working day unless during an emergency or otherwise specified herein.

C.3.7.2 Meetings, Conferences, and Briefings

C.3.7.2.1 The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the Contracted functions and services, as required by the Government, to provide effective communication and necessary information. The contractors shall conduct themselves as representatives of NRCS.

C.3.7.2.2 .The Contractor shall participate in meetings with NRCS customers: Federal, State, and local agencies and their representatives; civic groups; land owners; tribal members; and other contractors as required by the Government. These meetings include both on-site and off-site meetings, and the frequency may be weekly, monthly, or as otherwise required. The contractors shall conduct themselves as representatives of NRCS.

C.3.7.2.3 Contractor employees shall participate in technical training sessions as directed by the COTR.

Contractor employees shall be required to attend a training session prior to commencement of work.

C.4 PERSONNEL

C.4.1 Supervision of Work

The Contractor shall supervise work performed by Contractor personnel to ensure that all Contract requirements are met. The Project Manager or designated alternate shall ensure that required supervision of Contractor personnel is provided whenever work is being performed.

C.4.2 Personnel Qualifications and Certifications

All Contractor personnel shall be fully qualified to perform the work to which they are assigned under this Contract prior to Contract start date or specialized task assignment. Current skill requirements are listed at TE 1.3-001.

Non-Disclosure. The NRI program is based upon scientific and rigorous sample survey protocols. These protocols include maintaining and protecting the integrity and confidentiality of data gathering sites. USDA and NRCS policy states that: “The geographic locations of data gathering sites used for

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USDA’s NRI are not public information and are to be used only for purposes of official NRI data gathering activities or for such purposes approved by the Secretary”. All of the contractor’s data gatherers shall sign a Confidentiality Statement (TE 1.3-002) under United States Code (USC), Title 18, Section 1905; USC, Title7, Section 2276 and USC, Title 7, Section 2240 for non-disclosure of confidential information relative to data site locations and/or private/corporate non-use of composite data. The Confidentiality Statement shall be signed prior to starting data collection. The NRI data that identifies owners, operators, or data collection sites are not to be released to the public. The Contractor shall retain all completed non-disclosure statements on file for immediate review by the COTR upon request.

C.4.3 Employment Limitations

C.4.3.1 Employment of Aliens.

The Contractor shall not employ any alien who is not lawfully employable in the United States.

C.4.3.2 Language Requirement.

The Contractor shall employ only persons able to speak, read, write, and understand English fluently for those positions interacting with Government personnel and customers in the performance of this Contract, and where English is necessary to provide a service under this Contract.

C.4.3.3 Physical Fitness.

The Contractor shall ensure that all Contractor personnel meet the physical requirements to perform the function(s) and task(s) to which they are assigned. At all levels, the work involves regular and recurring prolonged walking over fields and rough terrain, bending, lifting and stretching when setting up survey instruments and equipment.

C.4.3.4 Employee Roster The Contractor shall provide the COTR with a roster listing of all employees, their job titles, and required clearances at least two calendar days prior to the Contract start date. The Contractor shall update the roster at least one working day after a change. This updated roster shall be provided to the COTR and CO. (RD 103R002)

C.4.4. CONTRACTOR INTERFACES

C.4.4.1. Government Supervision of Contract Personnel

The Contractor is responsible for the supervision of all Contractor personnel. The Government will, however, provide limited guidance and technical clarification regarding unique issues.

C.4.4.2. Inspection by Government Agencies

The Contractor shall be subject to inspections, audits, and work interruptions by other Government agencies.

The Contractor shall provide access to Government-furnished facilities and Government- owned property and cooperate with visiting Government personnel conducting such activities. Inspections, audits, and similar activities may be made by agencies including, but not limited to: Occupational Safety and Health Administration (OSHA), General Accounting Office (GAO), and Inspector General (IG), and investigative agencies such as the Federal Bureau of Investigation (FBI). Such inspections, audits and work interruptions will not unreasonably delay the work.

C.4.4.2.1 Planned Visits. The Contractor shall notify the COTR of planned visits, investigations, or corrective actions required by Federal, State, local or any Government safety agencies.

C.4.4.2.2. Unplanned Visits. The Contractor shall notify the COTR or Government Representative within 15 minutes of unannounced arrival of any agents of any regulatory agency at Government facilities operated by the Contractor. The Contractor shall receive and cooperate with such agents unless otherwise instructed by the COTR.

C.4.4.2.3. Inspection/Visit Report. The Contractor shall submit a written report to the COTR, by close of business (COB) on the next duty day following completion of an inspection or visit, to include the name(s), 7 | P a g e identification number(s), agency(s) of the inspector(s), reason for visit, and any remarks made during the visit.

(RD 104R001)

C.4.5. COMPLIANCE

The Contractor and Contractor employees shall comply with all applicable Federal, State, and local laws while engaged in the performance of this Contract.

C.4.5.1. Safety

C.4.5.1.1. Safety Procedures and Equipment. The Contractor shall develop procedures and practices that minimize accident risk, including internal safety directives and standard operating procedures. The Contractor shall provide all necessary personal safety equipment and gear necessary to meet regulatory requirements for the work being performed.

C.4.5.1.2. Safety Inspections. The Contractor shall perform periodic inspections of safety equipment as required by Federal Occupational Safety and Health Administration (OSHA) and local safety standards. In addition, the Contractor shall inspect and survey Contractor work areas for potential safety hazards.

C.4.5.2. Reporting Requirements. The Contractor shall prepare and submit or maintain the following reports and records:

C.4.5.2.1. Accident Reporting. The Contractor shall comply with OSHA and other regulatory agency requirements for record keeping and reporting of all accidents in the course of Contractor work that result in death, trauma, occupational disease, property damage, or environmental damage. The Contractor shall provide a brief written report to the COTR within four hours of occurrence and a detailed written follow-up report within three operating days whenever an accident involving personal injury occurs. The Contractor shall report serious accidents as defined by OSHA as soon as possible to the COTR. (RD105R001)

C.4.5.2.2. Third Party Accident Claims. If any claims are made by a third party against the Contractor as a result of an accident which occurs in connection with the Contractor's performance, the Contractor shall submit, by close of business on the first working day after the initiation of the claim, a full written report to the Contracting Officer and the COTR. (RD 105R002)

C.4.5.3. Physical Security Access Compliance

C.4.5.3.1. Government Facilities. Personnel entering Government facilities shall comply with the security requirements for the facility. All vehicles and personnel are subject to search and seizure of contraband or unauthorized Government property. Contractor vehicles (Contractor-owned and personal), Contractor employee vehicles, and their personal property shall be subject to searches upon entering and leaving and while on the Federal property.

C.4.5.3.2. Private Property. Personnel entering private property shall comply with the landowner’s rights for the respective areas that they are assigned to work in. The Contractor shall obtain permission from the landowner prior to work being performed. The Contractor shall secure all gates on private property, including the closure of gates to preclude the release or entry of livestock. The Contractor shall perform all work in a manner that protects the rights of the landowner. The District Conservationist or designee of the appropriate NRCS county will help the contractor acquire information relevant to acquiring landowner permissions, directions to site locations, reference maps, etc.

C.4.5.3.3. Disease Prevention. The Contractor shall wash vehicles following entry into lands that contain potentially infectious animal or plant diseases before transiting into non-affected areas or lands.

C.4.5.4 Government Facility Compliance

C.4.5.4.1 Smoking. The Contractor shall comply with NRCS and local policies for controlling smoking in Government buildings and facilities in accordance with Department Regulation USDA No. 4400-6 General Manual 360 Part 420.

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C.4.5.4.2 Fire Prevention. The Contractor employees will be subject to the same rules and regulations that apply to NRCS and other USDA agencies.

C.5. PERFORMANCE

C.5.1. Quality Control

The Contractor shall be responsible for the quality of products and services provided under the terms of this Contract, to include those products and services provided by subcontractors. The Contractor shall re-perform work that does not meet Contract requirements, unless it is of a nature that re-performance is not possible or otherwise directed by the COTR. To ensure that the requirements of this Contract are met, the Contractor shall implement an effective Quality Control Program (QCP).

C.5.1.1.Performance Evaluation

C.5.1.1.1.Performance Evaluation Meetings. The Project Manager shall meet with the COTR or other authorized Government representatives to review Contract performance. Meetings shall include review and analyses of key process indicators, analyses of process deficiencies, and problem resolution. At these meetings, the COTR and the Contractor will discuss Contractor's performance as viewed by the Government and any problems being experienced. The COTR will take appropriate action to resolve outstanding issues. A mutual effort shall be made by the Contractor and COTR to resolve any and all problems identified.

C.5.1.1.2. Meeting Frequency. These meetings will be held monthly during the first 60 calendar days of the Contract and thereafter as directed by the COTR. The Contractor may also request performance evaluation meetings.

C.5.1.1.3. Meeting Minutes. The Government may keep an electronic recording or written report of these meetings.

C.5.1.1.4. Government Quality Assurance. The Government will inspect for compliance with Contract terms throughout the Contract period.

C.5.1.1.5. Performance Requirement Summary. Evaluation will be based on the Contractor’s compliance with the requirements set forth in the Performance Requirement Summary (PRS). The Government intends to monitor the Contractor's performance under this Contract by performing checks as contained in Contract administration surveillance plans. Typical procedures include random sampling, planned sampling, scheduled inspections, observations, and validated customer complaints.

C.5.1.1.6. Inspection Reports. When the Contractor's performance is unsatisfactory, a Contract Discrepancy Report (CDR) may be issued. The Contractor shall reply in writing within ten calendar days from the date of the CDR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence

(RD 106R001).

C.5.2. INFORMATION

The Contractor shall generate, maintain, and provide the programmed, unprogrammed, and other data and information requirements contained below.

C.5.2.1. Data Criteria

C.5.2.1.1. Files. Government-furnished classified and unclassified files in existence at the Contract start, and those generated under this Contract, shall be maintained as directed by the COTR. All such records and files shall immediately be made available for review by any agency or individual authorized access by the COTR or GR. All files maintained by the Contractor under the provisions of this Contract are the property of the Government and shall be returned to the Government upon expiration or termination of this Contract.

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C.5.2.1.2 Regulations, Manuals, Technical Documents and Procedural Information. Regulations, manuals, and technical documents applicable to this Contract are listed in Section C.6.

C.5.2.1.3.Response for Information. The Contractor shall provide information requested by Government personnel performing official duties, to include but not limited to, monitoring Contract compliance, responses to Government and other Contractor personnel conducting information and communication systems site surveys, information systems fielding, and other communications as required by the Government.

C.5.2.1.4.Access to Data and Information. The Contractor shall ensure that all Contractor generated technical records, reports, files, and other documentation are made available to the COTR and other authorized NRCS representatives during the performance of this Contract.

C.5.2.1.5. Case File Confidentiality. The Contractor shall maintain confidentiality of case files of clients and not release information without the approval of the COTR.

C.6 SPECIFIC WORK REQUIREMENTS

C.6.1 General Information The Natural Resources Conservation Service (NRCS), an agency of the United States Department of Agriculture is mandated (through the Rural Development Act of 1972, the Soil and Water Resources Conservation Act of 1977, and other supporting legislation) to assess the status, condition, and trends of soil, water, and related resources on the Nation’s non-Federal lands. Resources inventory legislative authorities, NRCS policy, and responsibilities for conducting the NRI are contained in NRCS General Manual 290, Part 400. In order to accomplish this task, the NRCS will award one contract that requires the successful contractor to collect soil resources data and grazing land resource data on selected sample sites (points) for the National Resources Inventory (NRI), Grazing Land Field Study in North Dakota.

C.6.2 Work Tasking Receipt and Documentation

The Contractor shall receive individual tasking from the COTR or other designated Government Representative for the assigned area. Each task shall be documented in a Contractor log with the task description, date assigned, and required task completion date. The Contractor log shall be available to the COTR for review upon request.

C.6.3 Work Tasking Approval & Authorities

Receipt of the task will constitute the notice to proceed with the individual task assignment.

C.6.4 Coordination and Scheduling

The Contractor shall coordinate and schedule all work tasked by the COTR to ensure completion times are met and the Contractor shall schedule field work and visit with Landowners/Producers as necessary to complete all work with minimal inconvenience to the customers.

C.6.5 Work Task Reporting

The Contractor shall maintain a record of the progress of each task for review by the COTR. The contractor shall provide a monthly task update to the COTR that identifies the current status of each task to include the dates received and completed or percentage completed. The report shall identify problems encountered, recommended resolutions, and actions taken. (RD 501R001)

C.6.6 General Task Performance

The Contractor shall perform all work described in this Contract in a timely and quality manner. The Contractor shall perform quality control on all work performed and work will be monitored for Quality Assurance by the Government based upon the following criteria:

C.6.6.1 Timeliness of Work. The Contractor shall perform work described in this Contract within the time specified for each task. The Contractor shall manage and schedule the work described to meet the NRCS requirements and time schedules.

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C.6.6.2 Work Quality. The Contractor shall perform all work in a manner meeting or exceeding standards specified in the NRI Handbook of Instructions for Grazing Land Field Study Collection and other applicable guidelines.

C.6.6.3 Work Efficiencies. The Contractor is expected to work in an efficient manner for all items of work specified. Contractor efforts and lack of efforts to manage work efficiencies will be part of the Governments Quality Assurance Program.

C.6.6.4 Work Coordination. The Contractor shall coordinate work scheduled and in-progress with the designated local NRCS Official. Coordination shall include contact information during periods of field work performance.

C.6.6.5 Customer Approach. The Contractor shall coordinate, schedule, and complete all work with minimal disruption and inconvenience to the NRCS customer. The Contractor shall adjust approach as necessary when working with confrontational clients or controversial issues. The Contractor shall notify the Government Representative in a timely manner when a confrontational problem arises, to determine appropriate actions to be taken.

C.6.7 Specific Tasks

Overview - There are approximately 95 inventory sites scattered throughout North Dakota selected for data collection. Each inventory site is called a Primary Sample Unit (PSU) and is about 160 acres in size. Each PSU has two sample points upon which data are to be collected. Data are to be collected by data collection teams consisting of two or more members. Each team will include an assigned Team Leader, a North Dakota Registered Professional Soil Classifier and one or more Data Collectors. Team Leader and Data Collector requirements are outlined in Technical Exhibit 1.3-001. The contractor shall enter the data collected into a hand-held Computer Assisted Survey Instrument (CASI) using approved software provided by NRCS. The contractor shall work with the appropriate NRCS District Conservationist to obtain permission to private lands and with the NRCS State Resources Inventory Coordinator (SRIC) to achieve the transmittal of the data to the USDA NRCS Iowa State University Center for Survey Statistics & Methodology located in Ames, Iowa, respectively.

1. Soil Data Collection: The contractor shall acquire specified soil inventory data on up to two data points in each of

95 separate 160-acre PSUs (up to 190 total data points) located in 53 North Dakota counties. The contractor shall collect data identified in the NRI Handbook of Instructions for Grazing Land Field Study Data Collection. The data shall be collected in a logical order with a minimum number of trips to the field for data collection.

2. Grazing Land Data Collection: The contractor shall acquire specified grazing land inventory data on up to two data points in each of 95 separate 160-acre PSUs (up to 190 total data points) located in 53 North Dakota counties. The contractor shall collect data for the required elements in accordance with the standards outlined in the NRI Handbook of Instructions for Grazing Land Field Study Data Collection, reports, site location maps and aerial photographs furnished by the COR. The data shall be free of errors and be collected in a logical order with a minimum number of trips to the field for data collection.

Deliverables: The contractor(s) shall submit the following:

a. Primary Sample Units (PSUs) shall be completed including all field data collection and data entry into hand-held Computer Assisted Survey Instrument (CASI), any required follow-up calculations and verification so that all data has fully passed all electronic completion checks on the CASI (designated as “completed/CO” status) and has been transmitted electronically to the Standard Laboratory, Iowa State University (ISU), Ames, Iowa as per specifications outlined in the “Handbook of Instructions for Grazing Land Field Study Data Collection”. All PSU and point data elements must pass the completion check on the CASI to meet “completed/CO” status before being transmitted to the ISU server. In order to insure data safety and security, PSUs must be electronically transferred to the ISU server no later than 10 days after commencing field data collection for said PSUs. No partially completed PSUs in non-completed status (designated as uncompleted/”UC”) will be accepted. The Government will be responsible for the actual transmission of the data.

b. Digital Camera Images on CD-ROM shall be competed for each PSU point as per specifications described in the

Handbook of Instructions for Grazing Land Field Study Data Collection. CDROMs in the correct format must be delivered to the following address no later than the last day of September.

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Natural Resources Conservation Service Attention:

SRIC Leader

PO Box 1458

Bismarck, ND 58502-1458

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C.7 TECHNICAL REFERENCE LIBRARY

TITLE

1. NRI Handbook of Instructions for Grazing Land Field Study Data Collection http://www.nrcs.usda.gov/wps/portal/nrcs/main/mt/technical/dma/nri/

2. Field Book for Describing and Sampling Soils Version 2; USDA NRCS

3. Technical Reference 1734-4, 1999, Sampling Version Attributes; see http://www.blm.gov/nstc/library/pdf/sampleveg.pdf

4. NRCS Field Office Technical Guide, North Dakota; see http://efotg.nrcs.usda.gov/efotg_locator.aspx?map=ND

5. NRCS National Range and Pasture Handbook, 1997; see http://www.glti.nrcs.usda.gov/technical/publications/nrph.html

6. Technical Reference 1734-6 2000, Interpreting Indicators of Rangeland Health, Version 4; see http://www.glti.nrcs.usda.gov

7. USDA NRCS National Plants Database; see http://plants.usda.gov/index.html

8. North Dakota’s Noxious Weed List; see http://www.agdepartment.com/Programs/Plant/NoxiousWeeds.html and http://www.legis.nd.gov/information/acdata/pdf/7-06-01.pdf

9. USDA NRCS ND Invasive Species List – List will be provided by NRCS

10. Any other Pasture related references, Forage Suitability Groups, and Dry Weight Ranking references, Standing Biomass determination references, Pasture Condition Scoring references, and any references for all pasture and rangeland grass species.

ftp://ftp-fc.sc.egov.usda.gov/GLTI/technical/publications/pasture-score-guide.pdf http://www.nrcs.usda.gov/wps/portal/nrcs/main/mt/technical/dma/nri/ http://www.blm.gov/nstc/library/pdf/sampleveg.pdf http://efotg.nrcs.usda.gov/efotg_locator.aspx?map=ND http://www.glti.nrcs.usda.gov/technical/publications/nrph.html http://www.glti.nrcs.usda.gov/ http://plants.usda.gov/index.html http://www.agdepartment.com/Programs/Plant/NoxiousWeeds.html http://www.legis.nd.gov/information/acdata/pdf/7-06-01.pdf ftp://ftp-fc.sc.egov.usda.gov/GLTI/technical/publications/pasture-score-guide.pdf

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C.8 TECHNICAL EXHIBITS

Technical Exhibit 1.3-001 Contractor Personnel Qualifications (see Section J – Attachment J.2)

Technical Exhibit 1.3-002 Non-Disclosure Statement (see Section J – Attachment J.3)

Technical Exhibit 1.7-001 Performance Requirements Summary (see Section J – Attachment J.4)

Technical Exhibit 3.2-001 Government-Furnished Facilities & Equipment (see Section J – Attachment J.5)

C.9 REPORTS AND DELIVERABLES LIST

RD PWS

Paragraph

RD Title Format Required Date Frequency Distribution Remarks

103R001 C.4 Subcontractor List

Written Contract start date and at least two duty days before any change.

Contract Start and As required

Contracting Officer

The list shall include company names, contact names, addresses, and telephone numbers.

103R002 C.4.3.4 Employee Roster Written 1st: At least ten calendar days prior to the Contract start date. Subsequent:

Within one duty day following a change.

As Required

COTR The Roster shall list by service area, employees and their job titles, and required clearances.

104R001 C.4.4.2.3 Inspection/Visit Report

Written By close of business on the next duty day following completion of an inspection or visit.

As Required

COTR Contractor's format. This shall include the names, identification numbers, agency of the inspector, reason for visit, and any remarks made during the visit.

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105R001 C.4.5.2.1 Accident Reporting

Written 1st: Written report within four hours of occurrence. Subsequent:

Written follow-up report within three duty days. Serious accidents reported as soon as possible.

As Required

COTR Comply with OSHA, and other regulatory agency requirements for record keeping and reporting of all accidents.

105R002 C.4.5.2.2 Third Party Accident Claims

Written Within one duty day after the initiation of the claim.

As Required

Contracting Officer, COTR

Contractor's format.

RD PWS

Paragraph

RD Title Format Required Date Frequency Distribution Remarks

106R001 C.5.1.1.6 Contract Discrepancy Report (CDR) Response

Written Within 10 calendar days from the date of the CDR.

As Required

COTR, QAE Contractor's format. The CDR shall give the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.

301R001 I.7(j) Formal Report of Shortage, Loss, Damage, or Destruction of GFP

Written Within five calendar days after the discovery.

As Required

COTR The report shall include the specific property affected, NSN or other code or nomenclature;

circumstances surrounding the loss, damage, or destruction; the estimated cost of alleviating the problem, and if required, the impact to Contractor services.

501R001 C.6.5 Monthly Task Report

Written NLT 5th working day of each month Monthly GR Contractor’s format

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(End of Section)

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D. Reserved.

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E. Acceptance

E.1 Acceptance will be determined by the COTR or other designated Government Representative for the assigned area.

E.1.1 Acceptance will be based on:

E.1.2.1 Were tasks under C completed?

E.1.2.2 Were requirements under C met?

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F. Performance

F.1 Period of Performance

F.1.1 The period of performance for this award shall be from date of award and continue for one (1) one-year base period with four (4) one-year option periods.

F.1.2 Dates:

(The below dates are approximate and may change.)

F.1.2.1 Base Period 04/23/2021 – 04/22/2022

F.1.2.2 Option Period One 04/23/2022 – 04/22/2023

F.1.2.3 Option Period Two 04/23/2023 – 04/22/2024

F.1.2.4 Option Period Three 04/23/2024 – 04/22/2025

F.1.2.5 Option Period Four 04/23/2025 – 04/22/2026

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G. Contract Administration Data

G.1 Invoicing

G.1.1 Invoices should be submitted at the end of the month after service is performed.

G.1.1.1 Example: Invoice for April Service should be submitted on or after May 1st.

G.1.2 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.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/

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H. Reserved.

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I. Contract Clauses and Provisions

I.1 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.2 AGAR 452.211-74 – Period of Performance (Feb 1988)

The period of performance for this award shall be for one (1) base year and four (4) options years after receipt of award.

(End of Clause)

I.3 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.

(End of clause)

I.4 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.

(End of clause)

I.5 AGAR 452.224-70 – Confidentiality of Information (Feb 1988)

(a) Confidential information, as used in this clause, means --

(1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

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(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure,

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

(End of Clause)

I.6 Conflict of Interest If for any reason the agency or the Contractor determines that the Contractor faces a potential, perceived, or real conflict of interest, the agency shall notify the Contractor or the Contractor shall notify the agency, and the Contractor shall cease all work on, reassign the task, or proceed at the discretion of the agency. At the agency's option, the Contractor may provide an acceptable replacement.

(End of clause)

I.7 FAR 52.212-4 - CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018)

(a) 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-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

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

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(b) 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.

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

(d) 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 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.

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

(f) 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.

(g) Invoice.

(1) 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-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

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

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

(vi) Terms of any discount for prompt payment offered;

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

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048610 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063244

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

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

(x) Electronic funds transfer (EFT) banking information.

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

(B) 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.

(C) 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.

(h) 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.

(i) Payment -

(1) 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.

(2) 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.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) 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.

(5) 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-https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050674 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050705 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_212_5

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

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

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) 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.

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

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

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

(B) 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).

(iv) 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.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-33-protests-disputes-and-appeals#i1080268 https://www.acquisition.gov/content/part-32-contract-financing#i1081898

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

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

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

(B) 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

(C) 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 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) 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:

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

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

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

(l) 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.

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