W9128F-09-T-0060.pdf

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$4.5 MIL

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W9128F-09-T-0060 11-Jun-2009

b. TELEPHONE NUMBER

402-995-2089

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 18 Jun 2009

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

W9128F

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE G6H4PE0 16. ADMINISTERED BY

ENVIRON & ECONOMICS SECTION

USAED, OMAHA CENWO-PM-AE 1616 CAPITOL AVE

OMAHA NE 68102-4901

TEL: FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

BRANDY R EAVES

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

541360

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W59XQG91321061

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

1 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W9128F-09-T-0060

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum Noxious Weed and Reclamation

FFP

SEE ATTACHED SCOPE OF WORK

FOB: Destination

MILSTRIP: W59XQG91321061

PURCHASE REQUEST NUMBER: W59XQG91321061

NET AMT

GENERAL INSTRUCTIONS

QUOTATION SUBMITTAL

This is a Best Value solicitation. Please refer to clause 52.212-2 for evaluation factors. Return the completed quotation documents to the address below, via email at brandy.r.eaves@usace.army.mil or fax to (402) 995-2488. (If you have any problems getting the quotation to me by the deadline please call me at the number listed below).

U.S. Army Corps of Engineers ATTN: Brandy Eaves (CECT-NWO) 1616 Capitol Avenue Omaha, NE 68102-4901

POINT OF CONTACT

For specific questions regarding technical support or Scope of Work please contact Julie Price at

(402) 995-2706. For all contractual questions, contact Brandy Eaves at (402) 995-2089.

Wage determination # 2005-2317 Rev 7, dated 04/17/2009 is hereby incorporated in this solicitation.

mailto:brandy.r.eaves@usace.army.mil

Dun and Bradstreet Number (DUNS)

Those who do business with the government and do not have a DUNS number need to obtain one for government reporting purposes. To obtain a DUNS number, you may access Dun and Bradstreet’s website at http://www.dnb.com/aboutdb/dunsform.html and fill out a form, or you may call Dun and Bradstreet at 1-800-333-0505.

Central Contractor Registration – NOTE: CCR registration is required:

This solicitation is being advertised under North American Industrial Classification Systems (NAICS) code 541360. Please ensure this NAICS code is incorporated in your CCR profile at www.ccr.gov. Failure to have this NAICS code current in CCR may result in not being considered for the award. Before the government can make an award to a contractor, that contractor must be registered in the Central Contractor Registration (CCR) database, and also have a Commercial and Government Entity (Cage) Code. If the contractor is not registered at the time he prepares a quote, he should begin the registration process so that he is registered in the event that his quote is successful, and we plan to make an award to him.

Additional Information Requested

Tax Identification Number (TIN):___________________________________________

Dun & Bradstreet Number (DUNS):_________________________________________

Cage Code (utilized with DoD Contracts):_____________________________________

INVOICE PAYMENT

Submit Invoices to: U.S. Army Corps of Engineers Omaha Office

ATTN: Julie Price (CENWO-PM-AE) 1616 Capitol Avenue

Omaha, NE 68102-4901

STATE AND LOCAL SALES TAXES

The U.S. Army Corps of Engineers is exempt from paying state and local taxes per Title IV, United States Code 104-107. Federal tax identification number is 47-0429529F.

SCOPE OF WORK

http://www.dnb.com/aboutdb/dunsform.html http://www.ccr.gov/

SCOPE OF WORK

BASELINE MONITORING

OF IDENTIFIED COUNTIES

FORT PECK LAKE, MONTANA

ARTICLE I. PURPOSE AND SCOPE

A. The purpose of this work is to meet the Department of the Army's Federal preservation legislation and associated implementing regulations. The most pertinent for this investigation are the following: Public Law 74-292, Historic Sites Act of 1935, as amended; Public Law 89- 665, National Historic Preservation Act of 1966 as amended; Public Law 91-190, National Environmental Policy Act of 1969 as amended; Public Law 95-341, American Indian Religious Freedom Act; implementing regulations 36 CFR Parts 60 and 61 Appendix A; and 36 CFR Part

800. A baseline inventory of all cultural resources and site conditions must be accomplished.

B. The work will consist of the following:

a. An exhaustive search of all background literature on the project areas and interviews with persons knowledgeable about the area;

b. Fieldwork to map the existing shoreline, and relocate or identify sites and their current lakeside boundaries; and

c. Report preparation.

The cultural resources investigation shall be conducted in a professional manner. For the purposes of this contract, cultural resources are defined as prehistoric and historic archeological sites. Cultural resources are defined as any site, building, district, structure, object, data, or material significant in history, architecture, archeology, or culture.

C. The study area consists of the Corps-managed shoreline of Fort Peck Lake, in Fergus and Petroleum Counties from the waters edge to the high pool elevation at 2,250 feet above mean sea level.

D. The Investigation:

1. Literature and Records Search. Information for the literature and records search shall be obtained from site forms, published and unpublished reports, theses, dissertations, and manuscripts available for this area. Sources to be investigated include the Montana State Historic Preservation Office. Individuals known to have knowledge concerning the sites should be consulted to obtain information that may not be available in the written sources. Any Consultation activities involving Tribal Historic Preservation Offices or Tribal Governments must be approved by the Cultural Resource Program Manager and coordinated with Omaha District and Project Office Personnel. Therefore, the Primary Contractor and any Sub-Contractor must advice the Cultural Resource Program Manager before communicating with Tribal

Governments regarding this Contract.

2. Field Investigation. This investigation shall consist of a pedestrian survey of the shoreline of all lands owned by the U.S. Army Corps of Engineers that are located at Ft. Peck Lake, Montana. During the completion of the fieldwork the contractor will be required to comply with all the applicable provisions of the Programmatic Agreement for the Operation and Management of the Missouri River Main Stem System in Compliance with the National Historic Preservation Act as amended (Note: If human remains are found during the investigation all work must stop and the Corps notified. Further instructions will be given after notification).

The field examination shall be conducted in close coordination with the U.S. Army Corps of Engineers. The Contractor shall submit to the Corps Project Manager a weekly Field Progress Report, which will detail the activities completed during the week and purposed activities for the upcoming week. The Contractor shall submit this no later than the close of business day each Friday. Field crews shall be subject to periodic onsite inspection by Corps representatives, without prior notice. All vehicular traffic within the project area shall be restricted to existing roads.

Shovel tests shall be conducted in order to establish site boundaries for previously unrecorded sites, and the Contractor will establish permanent datums for any previously unrecorded sites. Geographic Positioning System (GPS) points shall be recorded to define the site boundaries and any major features contained therein. The newly identified sites will be mapped. including the surface/subsurface extent, shovel test units, artifact locations, and topographic elevations.

The contractor shall keep clear, legible, standard field records available and current.

These records shall include, but shall not necessarily be limited to: field notebooks, site forms, field maps, and photographs. Montana Dakota site forms will be filled out for the newly identified sites.

The Contractor shall record any diagnostic artifacts but all artifacts will be left in their current context and not retained by the contractor. All shovel test units will be backfilled.

Identified sites will be mapped by use of global positioning system (GPS equipment and coordinates reported in UTMs). This will include the surface/subsurface extent, shovel test units, artifact locations, and topographic elevations.

3. Analysis. All information recovered will be analyzed in such a manner that it provides answers to research topics and is used to determine integrity.

All diagnostic artifacts shall be documented with both good quality black and white, and color photographs that include a size scale.

The contractor is responsible for shipping all records to the government. All data will be stored in containers clearly marked "Property of the U.S. Army Corps of Engineers, Omaha District”.

4. Investigation Report. The Contractor shall prepare a comprehensive investigation report, which details the work done, the investigation results, and recommendation for additional work. The report shall include, but shall not be limited to, the following sections:

a. Report Documentation Page, SF 298. Complete all pertinent sections The Corps of Engineers will supply this form.

b. Title Page. This will contain the title, study type, location, project name and counties, report date, name of Contractor, author/Principal Investigator, and Corps of Engineers contract number.

c. Abstract. This is a brief synopsis of the work conducted, number and types of cultural resources identified and overall significance, and a summary of the management recommendations, which shall not exceed 150 words.

d. Introduction. Identify the Corps of Engineers and contractor and the purpose for the investigation, discuss the type of investigation performed and location, indicate the disposition of the artifacts floral and faunal specimens, and original records or other data. Discuss the report organization.

e. Regional Location and Environment. This is a description of the site location, including physical features and terrain, past and present vegetation and fauna, field conditions, past and present land uses, and weather conditions during fieldwork. The study area must be discussed within the larger framework of the physical region.

f. Previous Work. This will contain an enumeration and description of all previous cultural resources investigation(s) conducted in the study area, name(s) of Principal Investigator(s), dates of the studies, study results, and an overview of the general adequacy and deficiencies of the past work

g. Overview. Detail the relationship of the cultural history study area to the regional cultural history.

h. Methods. Present the procedures used to accomplish the research design. Discuss how the fieldwork was organized, scheduled, and undertaken, and how the interviews were determined, held, and how the information was used. Detail the methods used to analyze the data recovered from the field.

i. Results. The information provided in this section shall include, but shall not be limited to: site names, site numbers, site types (lithic scatter, farmstead, mound, etc.), component(s) or probable component(s), elevation, a verbal description of the topographic position of the site, site size (horizontal and vertical), present vegetation, ground surface visibility at time of field investigation (in percent), condition (discuss the known past, present, or projected impacts), discussion of the artifact and other analyses, describe features and their distribution by component, and display site and important feature maps. Artifacts in drawings and photo sketch maps are not acceptable for use in the report.

j. Recommendations. The results of the recommendations will be used to determine the integrity of the site, supplement what is presently known about it, and assist in the determination of follow-up actions.

k. References. Use the American Antiquity format for every publication, work, or interview cited in the report.

l. Appendices. Completed site or site update forms used during the investigation, maps, and photographs.

ARTICLE II. CONTRACTOR, INSTITUTIONAL, OR CORPORATION

QUALIFICATIONS

A. The minimum professional qualifications for the Principal Investigator, prehistoric and historical archeologists, and key consultants (e.g., architectural historian) are those given in 36 CFR Part 61, Appendix A - Professional Qualifications. Consultants and supervisory personnel not covered in this CFR who are hired or subcontracted for their special knowledge and expertise must carry academic and experiential qualifications in their own fields of competence. The guidelines in paragraph (b) of this regulation will apply. Such qualifications are to be documented by means of vitae or resume attachments submitted with the proposal or at a later time if the consultant has not been retained at the time of proposal.

B. Principal Investigator must periodically check on the progress of the work each week and be available to advise or instruct personnel should any problems develop. The Government may send a representative to inspect the various phases of the operations and review project records with prior notification. All aspects of the field examination shall be conducted by or under the direct supervision of a qualified archeologist.

C. Any change in personnel after the award of contract must be approved by the Contracting Officer. A person replacing a vacated position must have a comparable background and knowledge of the study area to maintain the same level of expertise and quality of performance.

Failure to make an acceptable replacement could result in cancellation of the contract.

D. The Contractor must provide or demonstrate access to the following capabilities:

1. Adequate permanent field and laboratory equipment necessary to conduct operations defined in the scope of work. However, this qualification may be waived under circumstances of extreme need through negotiation.

2. Adequate office space and facilities for analysis of records likely to be obtained from the project, and report preparation. This does not include such specialized facilities as pollen, geochemical, or radiological laboratories, but does include facilities sufficient to properly preserve or stabilize specimens for any subsequent specialized analysis.

E. Persons working under this contract are considered to be carrying out official agency duties under Federal direction, associated with the management of archeological resources and therefore are exempt from obtaining an Archeological Resources Protection Act Permit per 43CFR Part 7 – Protection of Archeological Resources or an Antiquities Permit per Section 5(c) of 32 CFR Part 229 - Protection of Archaeological Resources Uniform Regulations.

ARTICLE III. DELIVERABLES AND PERFORMANCE

A. Work Schedule

1. Five (5) copies of the completed draft report shall be submitted to:

U.S. Army Corps of Engineers, Omaha District ATTN: CEMRO-PM-AE (Price) 1616 Capitol Avenue Omaha, Nebraska 68102

The draft will be edited for major spelling and grammatical errors prior to submittal for review and comment, or it will be returned for correction. The draft report will be submitted 150 calendar days after the contractor is notified to proceed. The Government shall have a maximum of thirty calendar days to review and comment. The contractor shall have thirty calendar days to include the review comments into the final report and submit the final original report with all negatives, photographs, maps, charts, tables, and standard drawings to the Government. The final edited text shall be prepared on 8-1/2 X 11-inch bond paper, single-spaced, and will be reproduced by the contractor for distribution to appropriate State and Federal agencies.

2. The Contractor is expected to pursue the study in a professional manner to meet the target dates. Neither the Contractor nor his representatives will release or publish any sketch, photograph, report, or other material of any nature obtained or prepared while this contract is in effect without specific written approval of the Contracting Officer's Representative.

B. Release of Information Neither the Contractor nor his representatives will release or publish any sketch, photograph, report, or other material of any nature obtained or prepared under this contract without specific written approval of the Contracting Officer's Representative.

C. Inspection and Acceptance The Government may, at any reasonable time, inspect the progress of the work. Such inspection, however, shall not be performed in such a way as to unduly affect the progress of the work. Final acceptance of the work will be made upon successful completion of the work required under the contract.

D. Government Provided Materials

1. GIS access to maps of the project areas for identification of management units, existing cultural resource sites and specific location data

2. Engineering Form 93 – Payment Request

3. Example Progress Report

4. SF298- Report Documentation form

E. Method of Payment

Payment for services rendered will be made as follows: Twenty-five percent (25%) of the contract amount is payable upon award of the contract, twenty-five percent (25%) of the contract amount is payable at the completion of the fieldwork, and twenty-five percent (25%) of the contract amount is payable upon receipt of the draft report by the Government. The remaining 25% will be paid upon the Government's acceptance of the final report.

ARTICLE IV. GENERAL SAFETY REQUIREMENTS

The Service Contract General Provisions Section 41, Service Contract Act of 1965, as amended, subparagraph (g) requires the contractor not to permit work under this contract in unsanitary or dangerous locations. Proper health and safety standards (29 CFR 1925) are to be followed for the duration of the contract.

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items JUN 2008 52.212-4 Contract Terms and Conditions--Commercial Items MAR 2009 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007

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):

http://farsite.hill.af.mil/ www.recovery.gov

(End of clause) http://farsite.hill.af.mil/ http://www.recovery.gov/

CLAUSES INCORPORATED BY FULL TEXT

52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND

REINVESTMENT ACT OF 2009 (MAR 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b) The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541360.

(2) The small business size standard is $4.5 MIL.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(__) Paragraph (d) applies.

(__) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225- 1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

----(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

------(iii) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

------(B) Alternate I.

------(iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

------(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

------(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Certification.

------(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

------(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(ix) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

------(x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifyingchange by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of Provision)

52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT-REPORTING REQUIREMENTS (MAR

2009)

(a) Definitions. As used in this clause—

Contract, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards;

job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

First-tier subcontract means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

Jobs created means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act).

This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Jobs retained means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Total compensation means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) ( FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6). Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government's on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(l) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Professional qualifications of the principle investigators

2. GIS/GPS experience

3. Experience with federal, state and tribal cultrual resource programs

4. Experience with field investigation in rural Montana

5. Past performance ratings on government and non-government contracts

All of the above factors, when combined, are are more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2009)

ALTERNATE I (APR 2002)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in…