W912DW19R0027_Combined_Synopsis_Solicitation,_12Sep19_Cultural_Resource_Survey_HAHD_and_MMD.pdf

Combined Synopsis/Solicitation

Cultural Resource Survey and Monitoring at Howard A. Hanson Dam and Mud Mountain Dam

W912DW19R0027

Date. September 12, 2019

Contracting Office. US Army Corps of Engineers, Seattle District 4735 E. Marginal Way S.

Seattle, WA 98134

Product or Service Code. B503

Subject. Environmental Consulting Services for various cultural resource tasks

Solicitation Number. W912DW19R0027

Closing Response Date and Time. September 20, 2019 at 4:30:00 pm (Pacific Time)

Contact Point or Contracting Officer.

Contract Specialist: Christine Prettyman, christine.e.prettyman@usace.army.mil Contracting Officer: Jeffrey Ross, jeffrey.a.ross@usace.army.mil

Place of Contract Performance:

Howard A. Hanson Dam Project Area Mud Mountain Dam Project Area Contractor Facility(ies)

Amendments to this solicitation, if any, will be publicized on FBO.

Contract Award Number. TBD

Contract Award Dollar Amount. TBD

Line Item Number(s). See PWS

Contract Award Date (anticipated). September 30, 2019

Contractor. TBD

Description. Firm-Fixed-Price (FFP) contract expected to be awarded for project “Cultural Resource Survey and Monitoring at Howard A. Hanson Dam and Mud Mountain Dam”

(i) This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice.

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

(ii) Solicitation W912DW19R0027 is issued as a request for proposal (RFP).

(iii) A statement that the solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2019-05

(iv) This acquisition is a Total Small Business set-aside with associated NAICS code 541620 with a small business size standard of $16.5M.

(v) Provide prices for both the Unit Price (each) and Amount (unit price x quantity) for each contract line item number (CLIN) and include the Total Price for all CLINs. See “Submission Requirements, Attachment 1” for Pricing Schedule.

(vi). The Contractor shall complete all work as required in the Performance Work Statement (PWS).

(vii) The period of performance for this contract is 365 calendar days after the award date of contract. Refer to PWS, paragraph 5.6, Performance Schedule and Deliverables, for all work required to be completed within the performance period.

(viii) Provision FAR 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition along with the listed addenda to the provisions.

FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS – ADDENDUM

Proposals/offers shall include the following (see Submission Requirements, Attachment 1):

1. Offeror Information

2. Pricing Schedule (all pricing data must be filled-in)

3. Evaluation Items, Non-Price (as required per FAR 52.212-2)

4. Offeror Representations and Certifications per FAR 52.212-3

Offers shall be valid for no less than 60 days after offer due date.

(ix) Provision FAR 52.212-2, Evaluation -- Commercial Items, applies to this acquisition and the specific evaluation criteria are included in paragraph (a) of that provision.

(xiii) All contract requirement(s) are located within the PWS and terms and conditions for this acquisition are consistent with customary commercial practices.

(xiv) Defense Priorities and Allocations System (DPAS) and assigned rating is not applicable.

(xv) Offers are due on September 20, 2019 at 4:30:00 pm (Pacific Time) and shall be electronically sent to the following personnel:

Contract Specialist, Christine Prettyman, christine.e.prettyman@usace.army.mil Contracting Officer, Jeffrey Ross, jeffrey.a.ross@usace.arm.mil

Offerors are advised that file size and number of files to be uploaded will be factors to consider when submitting the offer electronically. Each offeror should allow adequate time for submission completion because the proposal must be received by the time and date specified in this combined synopsis/solicitation. To avoid inadvertent rejection of an offer, the offeror must be diligent to ensure electronic submissions are virus-free.

An offer submitted with the presence of a virus, or which are otherwise unreadable, will be treated as unreadable

(xvi) For questions regarding this solicitation, contact Christine Prettyman by email at christine.e.prettyman@usace.army.mil. All questions shall be submitted no later than three (3) business days before offer submission due date.

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-12 Certification Regarding Tax Matters FEB 2016 52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION

2018-O0018)

OCT 2018

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2019-O0003).

JAN 2019

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information OCT 2016 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7003 Notification of Potential Safety Issues JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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. Price

2. Key Personnel

3. Experience

Key Personnel and Experience will be rated on an Acceptable / Unacceptable basis as follows:

Acceptable: Offer meets the minimum requirements of the solicitation.

Unacceptable: Offer fails to meet the minimum requirements of the solicitation.

(b) Price. The Government will evaluate offers for award purposes by adding the total price for each contract line item number (CLIN) to obtain the total price for the requirement. The Government may determine that an offer is unreasonable if the prices are significantly unbalanced between line items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more CLIN is significantly overstated or understated as indicated by the application of cost and/or price analysis techniques. An offer may be determined unawardable if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(c) Key Personnel. The offeror must provide the names and submit qualifications of the Principle Investigator and the Alternate Principle Investigator that will be managing this project. Qualification submissions must include sufficient details to reflect personnel meet the minimum requirements as stated in PWS, paragraph 1.8.9. The Principle Investigator, and alternate, must meet the Secretary of the Interior’s standards for professional archeology as defined in 36 CFR 61. A failure of the offer to demonstrate that the personnel proposed for performance on this contract meet the minimum solicitation requirements will result in an evaluation rating of unacceptable for Key Personnel. A failure of the offer to submit required information for this factor to allow the Government to properly evaluate personnel qualifications will result in an evaluation rating of unacceptable for Key Personnel. An unacceptable rating in one or more factors will result in an offer that is unawardable.

(d) Experience. The offeror must submit two (2) project examples reflecting the firm’s experience with cultural resource survey, monitoring and managing. Project examples submitted must be within a similar scope and complexity as work required under this contract. Projects must have been completed within a six (6) year period from the date of offer submission. Projects reflecting experience are requested to have been performed within the Pacific Northwest (e.g. Washington, Oregon, Idaho, and Montana); however, projects performed outside of the Pacific Northwest can be submitted as long as they are within similar scope and complexity. A failure of the offer to demonstrate and submit required information for this factor to allow the Government to properly evaluate the offeror’s experience will result in an evaluation rating of unacceptable for Exerpience. An unacceptable rating in one or more factors will result in an offer that is unawardable

(e) The Government will evaluate offeror’s past performance information through various methods (e.g. CPARS, FAPIIS, etc.) (formerly known as PPIRS) to determine eligibility for award as part of the contractor responsibility.

Past performance is not being considered as an evaluation factor; however, the offeror must have satisfactory performance to be considered responsible and/or, if no past performance information is accessible through the methods used, the offeror may still be determined responsible. Offerors are not required to provide past performance as part of their offer.

(f) Basis of Award. The award of this contract will be made to the responsible offeror with the lowest priced offer that meets all acceptability standards in the solicitation, receives an acceptable rating for Key Personnel, receives an acceptable rating for Experience, and whose evaluated price is determined to be fair and reasonable.

(g) Award of Contract. A written notice of award or acceptance of an offer, 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 from the offeror to the Government before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

See “Submission Requirements, Attachment 1” for provision in full text.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2019)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

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

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

____ (13) [Reserved]

XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

____ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

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

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

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

____ (v) Alternate IV (Aug 2018) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (Feb 1999) of 52.222-26.

XX (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

____ (ii) Alternate I (July 2014) of 52.222-35.

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

____ (ii) Alternate I (July 2014) of 52.222-36.

XX (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

XX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

XX (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

____ (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C.

3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

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

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

____ (iii) Alternate II (Feb 2006) of 52.247-64.

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

_____ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

XX (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

XX (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

XX (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

XX (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiv) XX (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xviii)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

(xx) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

PERFORMANCE WORK STATEMENT (PWS)

CULTURAL RESOURCE SURVEY AND MONITORING AT THE HOWARD A.

HANSON DAM AND MUD MOUNTAIN DAM PROJECT

September 2019

Contents

PERFORMANCE WORK STATEMENT (PWS)

1 General

1.1 Description of Services/Introduction

1.2 Background

1.3 Objectives

1.4 Scope

1.5 Type of Contract

1.6 Place of Performance

1.7 Period of Performance

1.8 General Information

1.9 General Technical Standards

1.9.3 Reporting

1.9.4 Non-Circulated Reports

1.9.5 Report Quantities

1.9.6 Data Sample and Records Processing

1.9.7 Photocredits

2 Definitions and Acronyms

2.1 Definitions

2.2 Acronyms

3 Government Furnished Items and Services:

3.1 Services

3.2 Facilities

3.3 Utilities

3.4 Equipment

3 . 5 Materials

4 Contractor Furnished Items and Responsibilities

4.1 General

4.2 Secret Facility Clearance

4.3 Materials

4.4 Equipment

5 Tasks

5.1 GIS Records Management

5.2 Cultural Resource Inventory (CLIN 0001, CLIN 0002)

5.2.1 Records and Literature Review

5.2.2 Inventory Methods

5.2.3 Site Recording

5.2.4 GIS Data

5.3 Site Monitoring (CLIN 0003)

5.3.1 Literature Review

5.3.2 Site Monitoring Methods

5.3.3 Site Recording

5.3.4 Vandalism Recording

5.3.5 GIS Data

5.4 Management Recommendations

5.5 Inventory and Monitoring Reports

5.5.1 Progress Reports (CLIN 0004)

5.5.2 Final Report (CLIN 0005)

5.6 Performance Schedule and Deliverables

Progress Schedule

Deliverables

6 Applicable Publications (Current Editions)

7 Technical Exhibit List

PART 1

General Information

1 General

Title: Cultural Resource Survey and Monitoring at the Howard A. Hanson Dam and Mud Mountain Dam Project

This is a non-personal, professional services single award task at a firm-fixed-price to provide 1,000 acres of cultural resources survey, monitoring of archaeological sites, and documentation thereof to the Federal Government. The Contractor will survey 500 acres and monitor two archaeological sites in the Howard A. Hanson Dam project area, in addition to survey of 500 acres in the Mud Mountain Dam project area. The resulting information will optimize management of cultural resources and historic properties on lands affected by the activities and operation of the Mud Mountain Dam and Howard A.

Hanson Dam Project (the Project). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.1 Description of Services/Introduction

The Contractor shall furnish to the U.S. Army Corps of Engineers, Seattle District (herein referred to as USACE, Seattle District, the District, and/or the Corps) all personnel, supplies, facilities, transportation, tools, supervision, services, labor, materials, and equipment necessary to perform 1,000 acres of cultural resource survey and monitoring of archaeological sites at the Project except for those items specified as government furnished property and services. The Contractor shall perform services to the standards, quantities, and schedules described in this contract, and in accordance with general standards identified in Part 5. This contract may be modified as needed in response to authorizing legislation.

1.2 Background

Congress authorized the creation of the Eagle Gorge Reservoir and flood control dam (Howard A. Hanson Dam) under the Flood Control Act of 1950 (Public Law 81-516, Section 204) in accordance with the recommendations of the Chief of Engineers in House Document 271 (81st Congress, 1st Session). At the time of construction, the project provided government and private industry building sites in the Green River Valley in support of the Korean War effort.

The USACE operates Howard A. Hanson Dam (HAHD) on the upper Green River in King County, Washington. Completed in 1962, the dam is a multipurpose project authorized for flood risk management, fish conservation, municipal and industrial water supply, irrigation, water quality improvement, and recreation, although recreation has never been implemented at the project due to need to protect municipal water supply quality.

Congress authorized Mud Mountain Dam under the Flood Control Act of 1936 (Public Law 74-738, 74th Congress, 2nd Session) as the main unit of the comprehensive Puyallup River flood control project. The Flood Control Act of 1944, Section 4 (PL 78-534) authorized construction, operation, and maintenance of recreational facilities.

Construction was completed in 1948. Recreation resources include a dam viewpoint and day use facilities.

The Project is within the historical aboriginal home territories of member tribes of the Muckleshoot Indian Tribe and Puyallup Tribe of Indians. At Mud Mountain, ancestors of today’s Puyallup Tribe of Indians utilized the area south of the White River, while ancestors of the Muckleshoot Indian Tribe utilized the area north of the White River. At Howard A. Hanson Dam, the Muckleshoot Indian Tribes’ ancestors were known to make use of the area. The Project is affecting and will continue to affect cultural resources important to the cultural histories of the Muckleshoot Indian Tribe and Puyallup Tribe of Indians.

1.3 Objectives

The Corps is responsible for compliance with the National Historic Preservation Act (NHPA) and corresponding regulations within the Project area impacted by the operation and management of the dams.

The objective of this contract is to comply with Sections 106 and 110 of the NHPA of 1966, as amended.

1.4 Scope

Service to be provided by the Contractor are listed in Part 5.

1.5 Type of Contract

Single, stand-alone firm-fixed-price (FFP) contract.

1.6 Place of Performance

Work to be performed under this contract will be performed at the Howard A. Hanson Dam and Mud Mountain Dam Project, King and Pierce Counties, Washington, and at the Contractor’s facility(ies).

1.7 Period of Performance

The contract period of performance is one calendar year, for a total of three hundred and sixty-five (365) calendar days.

1.8 General Information

1.8.1 Quality Control

The Contractor is responsible for controlling the quality of services provided under this contract by performing those services, including submission of all deliverables, in compliance with the performance standards. The control of quality required during performance of this contract is related to the performance of services, such as surveying, monitoring, documenting, etc., and providing the required deliverables such as technical documents, reports, and any other submission requirements that meet the contract schedule, required quantities and are in compliance with statutory and regulatory requirements as referenced herein. The Contractor must comply with FAR 52.246-4, Inspection of Services – Fixed Price.

1.8.2 Quality Assurance

The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.8.3 Recognized Holidays

The Contractor is not required to conduct work on the following Federal holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.8.4 Hours of Operation

The Contractor is responsible for conducting business between the hours of 7 am and 6 pm Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.8.5 Security Requirements

The Contractor is expected to work in an area not publicly accessible while at Howard A. Hanson Dam and vicinity. Security-controlled access is not expected at Mud Mountain Dam. However, in all cases where security-controlled access is in place or the need for such develops, the following conditions shall apply:

All Contractor and all associated sub-contractors’ employees shall comply with local security policies and procedures. The Contractor shall provide all required information/documentation for a background check to meet facility access requirements. All personnel shall submit the following information: 1. A copy of driver's license 2. SF 85 page 6 (Authorization For Release of Information). The contractor information will be submitted to the COR and forwarded to the District Security Office. A cleared check is required prior to the initiation of work. The Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in Contractor security matters or processes.

Employee Identification. The Contractor shall be responsible for furnishing an identification badge/card to each employee prior to the employees work on site, and for requiring each employee engaged on the work to display identification.

For entry to Howard A. Hanson Dam project area:

The Contractor must be able to provide a current Washington State Driver’s License, proof of insurance, a CB Radio turned to channel 10 for inbound/outbound traffic, and a vehicle capable of traversing the non-maintained roadway to the dam.

In addition to the requirements above, in accordance with Engineering Regulation, ER 380-1-18, Section 4, foreign nationals who work on Corps of Engineers' contracts or task orders shall be approved by the HQUSACE Foreign Disclosure Officer before beginning work on the contract/task order. This regulation includes subcontractor employees. (NOTE: exceptions to the above requirement include foreign nationals who perform janitorial and/or ground maintenance services). The contractor shall submit to the District Security Office, the names of all foreign nationals proposed for performance under this contract/task order, along with documentation to verify that he/she was legally admitted into the United States and has authority to work and/or go to school in the US. Such documentation may include a US passport, Certificate of US citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), foreign passport with 1- 551 stamp or attached INS Form 1-94 indicating employment authorization, Alien Registration Receipt Card with photograph (INS Form 1-151 or 1-551), Temporary Resident Card (INS Form 1-688), Employment Authorization Card (INS Form I- 688A), Reentry Permit (INS Form 1-327), Refugee Travel Document (INS Form 1- 571), Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B).

1.8.6 Special Qualifications

NOT APPLICABLE

1.8.7 Post Award Conference/Periodic Progress Meetings

The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting Officer (KO), COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO will apprise the Contractor of how the Government views the Contractor's performance, and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.8.8 Contracting Officer’s Representative (COR)

The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; monitor the Contractor's performance and notifies both the KO and the Contractor of any deficiencies;

coordinate availability of government furnished property; and provide site entry of Contractor personnel as needed. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price estimates, and changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.8.9 Key Personnel

The Contractor will submit the CVs of all key personnel to the Government. The following personnel are considered key personnel by the Government:

Principal Investigator: The Principal Investigator will meet the Secretary of the Interior’s standards for professional archeology, defined in 36 CFR 61. The Principal Investigator will also be the contract manager, and will be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the KO. The Principal Investigator or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

Technical Staff: Individuals shall meet qualifications appropriate to each tasking.

Archaeological staff: Staff shall meet minimal qualifications: staff in the field shall have 12 months of cumulative experience in field and/or laboratory during which time they have been supervised by a professional archeologist meeting the Secretary of Interior qualifications set forth in the Federal Register. Staff shall have demonstrated ability to carry out archeological field and laboratory data recording procedures. Staff responsible for preparing reports must have demonstrated ability to carry projects to completion.

1.8.10 Identification of Contractor Employees

All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. Contractor personnel do not have to wear badges in unsecured areas at the project.

1.8.11 Contractor Travel

Travel may be required CONUS; however, all costs associated with travel must be included in the price established for each CLIN and will not be paid out on a cost reimbursable basis. All travel costs included in the price for each task performed must follow procedures under FAR Part 31 when determining costs as allowable.

1.8.12 Other Direct Costs

NOT APPLICABLE

1.8.13 Data Rights

The Government has unlimited rights to all documents/material produced under this contract except for objects affected by the Native American Grave Protection and Repatriation Act of 1990. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned, and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government, and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.8.14 Organizational Conflict of Interest

The Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI, and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the

OCI.

1.8.15 Phase In /Phase Out Period

NOT APPLICABLE

1.8.16 Policy Dispute Review Board

Notwithstanding language in the FAR standard clauses concerning disputes on matters affecting compensation, in considering a dispute about policy matters, the Government and the Contractor may request that a review board be convened to deal with disputes which cannot be resolved by mutual agreement. After considering the dispute, the Board would issue to the parties its written, non-binding recommendations for resolution of the dispute.

1.8.17 Publicity

The Contractor shall not release for publication any sketch, photograph, report of other material of any nature pertaining to the work for which services are performed under the terms of this contract unless approved by the COR. The provisions of this article shall extend also to the release of any such material to any person not so authorized by the COR.

1.8.18 Billing Procedures

The Contractor shall furnish invoices based on work completed on each Contract Line Item Number (CLIN) and the invoices shall provide a description of the work that has been completed. The Corps Technical POC will review the invoice and forward acceptance to CEFC-AO-P. The Contractor shall invoice for all work completed at HAHD and MMD. Invoices shall be submitted as follows:

1. Original:

USACE, Finance Center (UFC)

ATTN: CEFC-AO-P

5722 Integrity Drive Millington, Tennessee 38054-5005

Tel: (901) 874-8672/ -8688

2. Copy:

Matthew Punke

ATTN: CENWS-PMP-C

U.S. Army Corps of Engineers, Seattle District P.O. Box 3755 Seattle, WA 98124-3755

Voice: (206) 764-3704

1.9 General Technical Standards

1.9.1 Measurements

The Contractor shall use the metric system for all measurements in describing materials and dimensions, except for historic artifacts with dimensions traditionally expressed in English units (i.e. ceramics, glass, lumber.). In the latter instances, the Contractor shall note metric equivalents in text at least once for each different instance.

1.9.2 Records

Contractor shall maintain written, graphic and electronic records on all aspects of the work, including but not limited to: field notes; drawings and photographs of sites, features, artifacts and environmental and geological observations; and electronic digital versions of the foregoing. Records produced for this Contract and maintained by the Contractor may not be shared with the public without the express permission of the Government to do so. Locations of historic properties are sensitive data points, and are not to be publicly circulated. The Contractor will deliver all field notes and records produced in the course of the contract to the Government.

1.9.3 Reporting

Written reports shall adhere to the following general standards:

Format: The Contractor shall ensure all reports follow the Society for American Archaeology style guide. All printed texts shall be on 8-1/2 by 11-inch white bond paper consistent with the requirements in FAR 52.204-4, Printed or Copied Double-Sided on Post Consumer Fiber Paper. The Contractor shall submit all draft deliverable documents in both hard copy and on appropriate digital storage media in Microsoft compatible, text- and/or object-editable format. Body text and related tables shall be provided as current versions of Microsoft Word for Windows™ (.docx) or Rich Text Format (.rtf) format files; large data files may be provided in either spreadsheet (.xlsx) or relational database (.mdb) format; and graphics shall be in file formats specified below. The final report shall be delivered complete as current versions of Adobe Acrobat™ .pdf files and bound hard copies.

Draft Report(s): Draft report(s) are manuscripts in a form that, to the best estimate of the Contractor, require only minor editorial attention before printing.

Graphics: All figures, maps, illustrations, etc. representing physical entities shall have titles, scales, and directional indicators. All graphics shall be submitted in digital format and hard copy; digital file formats shall be appropriate to the subject and shall be universal export forms compatible with current versions of Microsoft Windows™ (.wmf, .tif, etc.). The Contractor shall box all tables. Maps should be developed in ESRI mapping programs, and three copies of the resulting ESRI geodatabase and .pdf maps shall be provided to the Government on three separate compact disks with the draft and final reports. Photographs shall be provided as .tif and .jpg files.