Work_Statement.docx

BLM Statement of Work

BUREAU OF LAND MANAGEMENT

REGION 1: IDAHO BOTANICAL SERVICES

Statement of Work Inventory of Slickspot Peppergrass Habitat

Statement of Work BLM Region 1- Idaho

1. INTRODUCTION

The Bureau of Land Management (BLM) Jarbidge Field Office manages nearly 1.4 million surface acres of public land in south-central Idaho. The field office maintains information on BLM special status plant populations found within its boundaries for purposes of conservation, planning, and management of public lands.

2. BACKGROUND

The BLM Jarbidge Field Office in Twin Falls, Idaho, requires services in support of inventories for slickspot peppergrass (Lepidium papilliferum), a plant listed as Threatened under the Endangered Species Act (ESA). The conservation of slickspot peppergrass and its habitat is a high priority for the BLM. Slickspot peppergrass occurs in southwestern Idaho in sagebrush steppe habitats, which are also the focus of widespread conservation concern due to widespread loss of plant communities resulting from wildfire. Data collected about slickspot peppergrass and its habitat are critical for conservation and adaptive management of the species.

This inventory work is an integral as part of operational objectives of the Plant Conservation and Restoration Program (PCRP). The PCRP, provides technical support to other programs on native plant community management and implementation of vegetation management and restoration projects that support BLM’s mission, as well as departmental and administration goals.

Data collection often occurs in remote locations, where cellular connection is unavailable or inconsistent. In addition, 981 acres of inventory area are located in the designated Bruneau-Jarbidge Rivers Wilderness and motorized access is limited to designated cherry-stems or roads that end at the Wilderness boundary (see attached map). The BLM recommends that field crews be prepared to camp in primitive conditions and to collect data in multi-day “hitches” to minimize travel time. Field crews will be responsible for safety and for appropriate coordination with the Jarbidge Field Office regarding access across private lands and protection of local resources.

3. OBJECTIVE

There is one objective for this project.

1. The contractor shall conduct inventories of slickspot peppergrass habitat in the Jarbidge Field Office using the established protocol. Data shall be collected while walking inventory transects, and includes slickspot location, size, and complexity; dominant plant community; and presence/absence of slickspot peppergrass. See Attachment 1.

4. SCOPE

This statement of work is to provide professional services expertise to support BLM field office staff with planning and conducting botanical inventories of habitat for slickspot peppergrass. This information is necessary to inform field office planning efforts and ESA Section 7 consultation. The Period of Performance is from May 1, 2024, to September 13, 2024.

4. TASKS

TASK 1 – PLANNING

Upon award of this statement of work, the contractor shall schedule a Kick-off Meeting which will include available Key Personnel, the Contracting Officer (CO), the Contracting Officer’s Representative (COR) and BLM field office staff that serve as subject matter experts. The BLM will share the field office inventory area and protocol (Attachment 1) with the contractor.

The contractor shall provide key personnel, schedule weekly coordination meetings with the BLM COR, keep the BLM COR apprised of logistics, and coordinate with the BLM COR to resolve logistical issues. Within two weeks after the Kickoff Meeting, the contractor shall produce a final work plan to the COR that describes training, safety, logistics and deployment of field crews for the season. The contractor shall develop the format of the plan jointly with the BLM COR, including draft reviews of data and feedback from BLM. The final work plan shall include all details and procedures necessary to complete the duties as outlined in this statement of work.

TASK 2 – BOTANICAL INVENTORIES

This task includes performing 30,946 acres of slickspot peppergrass habitat inventories as described in Attachment 1, including all methods/protocols provided by the BLM COR. Approximately 981 acres of the inventory area is in designated Wilderness with limited road access. This will require contracted staff to hike a maximum of about 2 miles to access the inventory areas. Please note that motorized and mechanical equipment are not allowed in designated Wilderness. The contractor shall coordinate with the BLM COR and field office subject matter expert(s) to review existing data and plan field visits.

The contractor shall collect and enter data and perform quality control reviews using BLM-approved platforms such as ArcMap desktop, Arc Collector, Survey 123, or ArcGIS On-Line. If slickspot peppergrass is found, population and habitat information will be submitted to BLM with the summary report using the Idaho Rare Plant Observation Report Form (Attachment 3). A completed inventory consists of GIS track and point data, the Idaho Rare Plant Observation Report, and a photo log. Data collected include, but are not limited to, slickspot location, size, and complexity, dominant plant community, and presence/absence of slickspot peppergrass.

The contractor shall provide key personnel (identified in Attachment 4) who will manage inventory crews and coordinate with BLM field office staff and the COR. The contractor shall train the crews in the slickspot peppergrass inventory protocol, and shall provide a vehicle, equipment and supplies for the team.

The contractor shall review and ensure quality, accuracy, and timeliness of inventory data provided by the field crew so that at least 95% of the data collection meet standards for accuracy for the protocol and associated forms. Post data collection protocols/workflow requirements to assure best quality data will include; downloading data at the end of the week, deleting junk data, editing features with anomalies (e.g., when there is a loss of satellites, or crews forget to stop taking tracks), double-checking that all attributes are filled out and accurate, and then transferring data into a database and renaming and filing raw survey data consistent with BLM data standards and requirements.

The contractor shall develop and submit draft and final summary reports including maps of inventory locations and inventory results to be reviewed and approved by the BLM COR.

5. STANDARDS OF ACCEPTABLE PERFORMANCE

Standards of acceptable performance for slickspot peppergrass inventory include the following:

1. Slickspot peppergrass inventory data are collected following the BLM protocols and entered into accepted BLM data platforms.

6. REQUIRED KEY PERSONNEL

A minimum of two key personnel shall be required, to include at least one senior botanist and one field technician.

The individuals who participate in planning field and survey activities shall have the following qualifications:

● Senior Botanist: Specialized experience in completing botanical surveys, compiling and analyzing vegetation and botanical survey data and writing data summary reports. Develops, implements, and manages a quality control program. Monitors all botanical tasks for quality control compliance, establishes corrective actions, and ensures quality services and deliverables. Provides assistance to field personnel by answering questions about use of the protocols, securing resources to assist with unknown plant identification, acquiring natural resources information specific to the project area, etc.

Education: Master’s Degree or higher Experience: minimum of 5 years

Senior Botanist: (1) provide botanical oversight of all tasks issued under this contract; (2), maintain, and oversee the program for all tasks issued.

The individuals who participate in field and survey activities shall have the following qualifications:

● Field Technician: Day-to-day interaction with BLM staff shall be necessary for completion of tasks. Field Technicians will work as multi-person crews (minimums of two people for safety) in vehicles provided by the contractor. Day-to-day activities will be planned and supervised by the contractor Botanist or Natural Resource Specialist.

Education: BS/BA or AS recent (within three years) with college course work in plant taxonomy or training in plant identification.

7. DELIVERABLES

1. Kick Off Meeting per Task 1.

2. Draft and Final Work Plan per Task 1. This plan shall include inventory locations, surveys to be conducted, as well as a description of training, logistics and deployment of field crews for the season.

3. Weekly coordination meetings per Task 1.

4. Quality Control data checks. Complete slickspot peppergrass inventories consisting of GIS data including track data and point data with completed data dictionary. If slickspot peppergrass is found, data also includes completed Idaho Rare Plant Observation Report forms, including photos and submission to IDFG per Task 1.

5. Draft and final summary reports per Task 2.

8. GOVERNMENT FURNISHED EQUIPMENT INFORMATION

The BLM will provide access to BLM corporate datasets and other BLM data needed to complete the project (such as GIS data) pending completion of HSPD-12 background check.

Assume that office space will NOT be available except for intermittent data entry and retrieval. Contractor shall provide office space with computer and internet access, GPS and GIS equipment and processing capabilities and space for staging equipment.

9. FIELD SITE ACCESS

Access to inventory locations will vary from public access to access across private land to get to the sites. Some sites will need to be accessed either by a 4-wheel drive vehicle or by foot. Vehicle travel will be limited to existing roads only and is not allowed in designated wildnerness, unless the road is a designated cherry-stem. The contractor must contact private landowners at least three days prior to needing access to gain permission to cross private land. BLM will assist with contacting private landowners if necessary.

10. CONTRACTOR FURNISHED PROPERTY

Contractor shall be responsible for all equipment including laptops and/or tablets and incidentals necessary to complete the project. Attachment 5 is a suggested list of equipment that may be necessary to conduct slickspot peppergrass inventories. Some of this equipment may have already been obtained by the contractor for similar contracts and use of this equipment is recommended. NOTE: Contractor shall provide a spreadsheet to the COR/CO listing any reusable equipment that exceeds $500. COR/CO shall have final authority to approve or reject additional purchases of the reusable items depending on necessity. In no case shall the total price of the statement of work be exceeded.

11. SECURITY

Contractor key personnel are required to undergo and pass a HSPD-12 background investigation in order to obtain access to BLM field offices and also the BLM intranet. Some of the data required for this statement of work can only be accessed through BLM systems. A Common Access Card (CAC) is required.

The following Department of Interior clause will likely apply:

SECURITY REQUIREMENTS: FACILITY ACCESS and INFORMATION TECHNOLOGY (AUG 2016)

(a) All Contractor employees must have an "Enter on Duty" (EOD) approval issued by the Bureau Personnel Security Office (PSO) before they begin performing work on any Bureau contract. The Contractor must ensure that all employees requesting an EOD are citizens of the United States of America, or an alien who has been lawfully admitted for permanent residence or employment (indicated by immigration status) as evidenced by Immigration and Naturalization Service documentation and the employee must have resided in the United States for a minimum of 3 years. The EOD may be issued in advance of a completed Background Investigation and may be rescinded by the PSO at any time. However, all contractors who require network access are required to complete the identity proofing process, and must be able to obtain a successfully adjudicated National Criminal History Check (NCHC) and National Agency Check with Inquiries (NACI) or higher to stay on the contract.

(b) Starting Work - Contractor employees with an approved EOD may begin performing unsupervised work on Bureau contracts. To remain on the contract, the Contractor employees will need a completed favorable Background Investigation.

(c) Rescission of EOD - The PSO may rescind the EOD at any time. This may occur as the result of additional information obtained or the final results of the background investigation.

(d) Background Investigation - Contractor employees who will have unsupervised access to Bureau facilities, access to the Department of the Interior (DOI) information technology (IT) systems or DOI data, or will develop custom applications, must have a favorably adjudicated background investigation from the Office of Personnel Management (OPM). Existing clearances at the same or higher level are acceptable upon the PSO’s review and approval. If the employee does not already have a complete investigation, they must apply for one. The employee may begin work with an EOD but must receive a favorable background investigation to continue working on the contract. The background investigation includes obtaining fingerprints through a USAccess Credentialing Center for an FBI criminal history and a credit report. Once the investigation has been scheduled by OPM, the Bureau will receive advance reports. If those reports are favorable, the Bureau PSO will issue the EOD. The type of background investigation required is based on the risk/sensitivity level designation. Citizenship requirements and guidance for determining the appropriate type of background investigation required for the designated risk/sensitivity level are contained in DOI Departmental Manual (DM) Part 441. The DM is available on the Internet at http://elips.doi.gov/app_home/index.cfm?fuseaction=home.

(e) Electronic Questionnaire for Investigations Processing (e-QIP) - The Bureau uses the e-QIP for all background investigations or reinvestigations. To initiate an investigation, the Contractor, in collaboration with the COR, will complete an e-QIP Request Form. This request form is available through the COR. The COR will submit the completed request form to the Bureau PSO. The PSO will enter the information into e-QIP to either establish a new applicant profile or determine if an existing investigation that meets Bureau requirements is on file. The PSO will then contact the applicant to provide additional information and instructions. Generally, the Contractor is required to complete the following forms:

· e-QIP application (on-line)

· Fair Credit Release

· OF-306

· Fingerprints via USAccess Credentialing Centers The Contractor shall complete the required background investigation forms and submit them to the PSO. The PSO shall determine if individuals meet the required background investigation standards and citizenship requirements, and then make a suitability determination. Minimum standards used in suitability determinations are contained in the DOI Departmental Manual Part 441. The Government will pay for any background investigations required for contractor employees. If the Contractor employee’s background investigation is returned as unfavorable, the Government reserves the right to request reimbursement of the actual costs for the investigation from the Contractor.

(f) Reinvestigation - Contractor employees occupying high risk public trust positions must be reinvestigated every 5 years. A reinvestigation may be initiated prior to the normal periodic reinvestigation schedule when an individual’s continued ability to meet the minimum background investigation standards is in question. The electronic fingerprints on file in the USAccess system will be electronically submitted to OPM for the reinvestigation. The PSO shall review the records and documentation and make the suitability determination.

(g) Disputes - In the event of a disagreement between the Contractor and the Government concerning the suitability of a particular employee to perform work under this contract, the Government has the right of final determination. Determinations under this requirement are subject to the Disputes Clause, FAR 52.233-1. Failure of the Contractor to comply with the requirements of this clause could constitute grounds for termination for default.

(h) Physical Security Requirements - DOI Access Cards.

(1) Contractor employees must have a DOI Access Card before being given unsupervised access to a Government facility.

(2) To gain unsupervised access to Government facilities, Contractor employees must present their DOI Access Card for examination by the security guard or electronically authenticate their DOI Access Card, as required. Contractor employees must keep their DOI Access Card in a shielded card holder, and visually display the card at all times while in the facility. Refusal or repeated neglect to display the DOI Access Card may result in limiting Contractor employee’s access to Government facilities or revoking of authorized access.

(3) When a Contractor employee is no longer working under this award, the Contractor is responsible for returning all DOI Access Cards, keys, and other Government property issued to that employee. The Contactor shall coordinate all returns with the COR. The COR is responsible for ensuring the Contractor complies with these requirements. However, failure by the Contractor to comply with these requirements may result in the Contractor’s liability for all costs associated with correcting any resultant breech in building security.

(i) Issuance & Maintenance - DOI Access Cards

(1) Process: To obtain a DOI Access Card the COR will use the online DOIAccess System to initiate the access request. Contractor employees will receive email notifications to enroll at a USAccess Credentialing Center with two forms of identification, and after adjudication, a second email notification to pick up and activate their DOI Access Card. The Contractor employee shall schedule an enrollment appointment at a USAccess center at least two weeks prior to the targeted EOD.

(2) Contractor Responsibilities: Contractor employees must complete actions in a timely manner to prepare for on-boarding and access to DOI network resources. The Contractor shall allow their personnel sufficient time to schedule and attend an enrollment appointment at the USAccess center prior to the contract start date. If the Contractor employee’s DOI Access Card becomes lost or stolen, the contractor employee shall notify the COR immediately to request a new DOI Access Card.

(3) COR Responsibilities: The COR (or designated individual) and Contractor shall maintain a listing of all Contractor employees who received a DOI Access Card, the date the card was issued, the date the electronic certificates expire (3 years from issue date), and the date the DOI Access Card expires (5 years from issue date). If the Contractor employee’s DOI Access Card or certificates will expire before the contract is completed, the COR (or designated individual) and Contractor is responsible for ensuring that the Contractor employee visits a USAccess center to update certificates on the existing card or obtain a new DOI Access Card. No later than one week prior to the DOI Access Card’s certificate or card expiration, the COR (or designated individual) shall notify the Contractor that DOI Access Card actions are required. The COR (or designated individual) and the Contractor shall update their listing to reflect the new issue date, certificate expiration date and card expiration date.

(j) Information Technology Security Requirements.

(1) Training: If contractor employees require access to any DOI/IT systems, the Contractor shall ensure its employees complete all Bureau/DOI required IT security training. The Contractor’s employees shall complete this training before being granted access to Bureau/DOI data or being issued network access. The current training requirements are: (i) annual end-user IT Security Awareness, (ii) annual IT Resources Rules of Behavior, and (iii) annual Role-Based Security training for IT professionals. The Contractor shall comply with all Bureau/DOI IT security training requirements in effect during contract performance. The COR will notify the Contractor of all Bureau mandatory IT training. The Contractor shall submit training completion certificates to the COR for all required training. Failure to meet this training requirement may result in removal of the contractor employee from the contract. The Bureau will determine if the contractor can later return to the contract.

(2) Access to Contractor’s Facilities for IT audit purposes - The Contractor shall afford Bureau and the Department of the Interior Office of Inspector General access to the Contractor’s and subcontractors’ facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit that will safeguard against threats and hazards to the integrity, availability, and confidentiality of Government data or to the function of computer systems operated on behalf of the Government and to preserve evidence of computer crime. If the Contractor questions the Government employee’s right to access its facilities, it should contact the CO for resolution.

(3) Contractor Location - Custom software development and outsourced operations shall be located in the United States to the maximum extent practical. If such services are proposed to be performed abroad, the Contractor shall provide an acceptable security plan that addresses the mitigation of problems related to communication, control, and protecting the confidentiality, integrity, and availability of IT systems and information.

(4) Applicable Standards - The Contractor shall follow all applicable Federal, DOI, and Bureau Bulletins, Directives, Guidelines, Manuals, Processing Standards, Memoranda, Policies and Standards; applicable OMB Memoranda; and all current National Institute of Standards & Technology (NIST) Special Publications. To comply with Federal Acquisition Regulation Subpart 39.101(d), contractors shall use the common security configurations available from the NIST website at http://checklists.nist.gov. NIST documents are available on the internet at http://csrc.nist.gov/publications/PubsSPs.html. OMB memoranda are available on the internet at http://www.whitehouse.gov/omb/memoranda/. The Contractor shall request copies of DOI and Bureau documents by contacting the COR.

(5) Incident Reporting - The Contractor shall immediately report computer security incidents affecting Bureau/DOI data and systems in accordance with the Bureau Computer Incident Response policy. The Contractor shall request copies of the Bureau Computer Incident Response policy by contacting the COR.

(6) Assessment and Authorization (A&A) and Continuous Monitoring.’ The Contractor shall comply with Bureau policy when developing, upgrading, modifying or supporting applications and/or systems that require A&A and Continuous Monitoring. The Contractor shall request copies of Bureau A&A policy by contacting the COR. The A&A requirement does not apply when the Contractor's employees merely access data or have "read only" access.

(k) Documentation - The Contractor shall document all work performed and ensure that the appropriate Certification & Accreditation documents are updated to reflect the work performed and the current state of Bureau systems and networks. The Documentation requirement does not apply when the Contractor's employees merely access data or have "read only" access.

(l) Personnel Changes, Contractor Request - The Contractor shall immediately notify the COR and PSO when an employee is reassigned or leaves the Contractor’s employment and prior to any termination. The Contractor must adhere to the Bureau or Office’s mandatory exit clearance procedure. Once the COR has been notified that a Contractor employee is leaving the contract, the COR will initiate the exit clearance process in the DOIAccess System and forward to the Contractor the necessary instructions and form required to be completed prior to the contractor's employee’s departure. This form must be completed by the Contractor's employee and signed by both the Contractor's employee and the COR and then forwarded to the bureau/office specific program responsible for employee, volunteer, and contractor departures.

(m) Personnel Removal, Government Request - The Government retains the right to direct the Contractor to remove any prime or subcontractor personnel, regardless of prior clearance or background investigation adjudication status, whose actions, while assigned to this contract, clearly conflict with the security interests of the Government. The justification for the Government’s direction to remove Contractor personnel will be documented and provided to the Contractor by the CO.

(n) Subcontract Inclusion - The requirements of this clause must be incorporated into any subcontract if the subcontractor’s employee must have access to Bureau facilities.

(End of Local Clause) The BLM COR will schedule security clearance and on-boarding of contractor key personnel via the NOC (BLM National Operations Center). Unless already tagged, contractor personnel can expect 30 days to complete security requirements.

Contract staff shall be present on Federal facilities only during Federal work hours or the contractor shall be escorted by BLM staff after hours. If Federal facilities are closed, the contractor shall not be allowed into facilities (i.e., Federal holidays, government furloughs).

12. QUALITY ASSURANCE & QUALITY CONTROL

Contractor shall complete slickspot peppergrass inventory and data forms to 95% accuracy.

All work shall be checked and technically reviewed and approved by a subject matter expert and the COR in accordance with BLM special status plant policies, directives, and guidelines.

The contractor shall relay this information to a crew lead who shall coordinate with BLM staff to plan and organize, manage, and QA/QC field data collected by crews for the season.

Quality shall be measured based on the following:

Quality Level

(AQL)

METHOD OF SURVEILLANCE

Accuracy – all documents conform to formatting requirements, agency directives, department directives and the Federal Acquisition Regulations.

Professionalism – All documents are well organized, grammatically correct, and demonstrate sound professional evaluation and analysis.

13. PAYMENT SCHEDULE

This Statement of Work shall contain the following provision:

52.232-28 – Invitation to Propose Performance Based Payments (Mar 2000)

(a) The Government invites the offeror to propose terms under which the Government will make performance-based contract financing payments during contract performance. The Government will consider performance-based payment financing terms proposed by the offeror in the evaluation of the offeror’s proposal. The Contracting Officer will incorporate the financing terms of the successful offeror and the FAR clause, Performance-Based Payments, at FAR 52.232-32, in any resulting contract.

(b) In the event of any conflict between the terms proposed by the offeror and the terms in the clause at FAR 52.232-32, Performance-Based Payments, the terms of the clause at FAR 52.232-32 shall govern.

(c) The Contracting Officer will not accept the offeror’s proposed performance-based payment financing if the financing does not conform to the following limitations:

(1) The Government will make delivery payments only for supplies delivered and accepted, or services rendered and accepted in accordance with payment terms of this contract.

(2) The terms and conditions of the performance-based payments must--

(i) Comply with FAR 32.1004;

(ii) Be reasonable and consistent with all other technical and cost information included in the offeror’s proposal; and

(iii) Their total shall not exceed 90 percent of the contract price if on a whole contract basis, or 90 percent of the delivery item price if on a delivery item basis.

(3) The terms and conditions of the performance-based financing must be in the best interests of the Government.

(d) The offeror’s proposal of performance-based payment financing shall include the following:

(1) The proposed contractual language describing the performance-based payments (see FAR 32.1004 for appropriate criteria for establishing performance bases and performance-based finance payment amounts).

(2) A listing of--

(i) The projected performance-based payment dates and the projected payment amounts; and

(ii) The projected delivery date and the projected payment amount.

(3) Information addressing the Contractor’s investment in the contract.

(e) Evaluation of the offeror’s proposed prices and financing terms will include whether the offeror’s proposed performance-based payment events and payment amounts are reasonable and consistent with all other terms and conditions of the offeror’s proposal.

(End of provision) This Statement of Work shall also contain the following FAR clause:

52.232-32 – Performance-Based Payments (Apr 2012)

(a) Amount of payments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on payments shall be specified in the contract’s description of the basis for payment.

(b) Contractor request for performance-based payment. The Contractor may submit requests for payment of performance-based payments not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The Contractor’s request shall contain the information and certification detailed in paragraphs (l) and (m) of this clause.

(c) Approval and payment of requests.

(1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in accordance with the terms of the contract. The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.

(2) A payment under this performance-based payment clause is a contract financing payment under the Prompt Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved requests on the 30th day after receipt of the request for performance-based payment by the designated payment office. However, the designated payment office is not required to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquires into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Contractor certification. The payment period will not begin until the Contracting Officer approves the request.

(3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from performance of obligations under this contract.

(d) Liquidation of performance-based payments.

(1) Performance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If the performance-based finance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a liquidation percentage.

(2) If at any time the amount of payments under this contract exceeds any limitation in this contract, the Contractor shall repay to the Government the excess. Unless otherwise determined by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price adjustments.

(e) Reduction or suspension of performance-based payments. The Contracting Officer may reduce or suspend performance-based payments, liquidate performance-based payments by deduction from any payment under the contract, or take a combination of these actions after finding upon substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (h) and (i) of this clause).

(2) Performance of this contract is endangered by the Contractor’s --

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) The Contractor is delinquent in payment of any subcontractor or supplier under this contract in the ordinary course of business.

(f) Title.

(1) Title to the property described in this paragraph (f) shall vest in the Government. Vestiture shall be immediately upon the date of the first performance-based payment under this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract

(2) “Property,” as used in this clause, includes all of the following described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices:

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufacturing aids, title to which would not be obtained as special tooling under subparagraph (f)(2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract (e.g., the termination clauses) shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract, without requesting the Contracting Officer’s approval, provided that any significant reduction in the value of the property to which the Government has title under this clause is reported in writing to the Contracting Officer.

(5) In order to acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor shall obtain the Contracting Officer’s advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proceeds thereof) not --

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(g) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. If any property is lost (see 45.101), the basis of payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(h) Records and controls. The Contractor shall maintain records and controls adequate for administration of this clause. The Contractor shall have no entitlement to performance-based payments during any time the Contractor’s records or controls are determined by the Contracting Officer to be inadequate for administration of this clause.

(i) Reports and Government access. The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information requested by the Contracting Officer for the administration of this clause and to determine that an event or other criterion prompting a financing payment has been successfully accomplished. The Contractor shall give the Government reasonable opportunity to examine and verify the Contractor’s records and to examine and verify the Contractor’s performance of this contract for administration of this clause.

(j) Special terms regarding default. If this contract is terminated under the Default clause,

(1) the Contractor shall, on demand, repay to the Government the amount of unliquidated performance-based payments, and

(2) title shall vest in the Contractor, on full liquidation of all performance-based payments, for all property for which the Government elects not to require delivery under the Default clause of this contract. The Government shall be liable for no payment except as provided by the Default clause.

(k) Reservation of rights.

(1) No payment or vesting of title under this clause shall --

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government’s rights and remedies under this clause --

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(l) Content of Contractor’s request for performance-based payment. The Contractor’s request for performance-based payment shall contain the following:

(1) The name and address of the Contractor;

(2) The date of the request for performance-based payment;

(3) The contract number and/or other identifier of the contract or order under which the request is made;

(4) Such information and documentation as is required by the contract’s description of the basis for payment; and

(5) A certification by a Contractor official authorized to bind the Contractor, as specified in paragraph (m) of this clause.

(m) Content of Contractor’s certification. As required in paragraph (l)(5) of this clause, the Contractor shall make the following certification in each request for performance-based payment:

I certify to the best of my knowledge and belief that --

(1) This request for performance-based payment is true and correct; this request (and attachments) has been prepared from the books and records of the Contractor, in accordance with the contract and the instructions of the Contracting Officer;

(2) (Except as reported in writing on __________), all payments to subcontractors and suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary course of business;

(3) There are no encumbrances (except as reported in writing on _________) against the property acquired or produced for, and allocated or properly chargeable to, the contract which would affect or impair the Government’s title;

(4) There has been no materially adverse change in the financial condition of the Contractor since the submission by the Contractor to the Government of the most recent written information dated _____________; and

(5) After the making of this requested performance-based payment, the amount of all payments for each deliverable item for which performance-based payments have been requested will not exceed any limitation in the contract, and the amount of all payments under the contract will not exceed any limitation in the contract.

(End of Clause) The Payment Schedule shall be based on specific milestones proposed by contractor in Volume 2 – Total Price. An approved Payment Schedule shall then be incorporated into the Statement of Work. The paragraph below is for example only. Note: 25% of statement of work value MUST be withheld pending submission and acceptance of final invoice.

“In full consideration of the contractor’s performance hereunder, The Bureau of Land Management (BLM) shall pay the contractor in installments, upon the contractor’s billing and the BLM’s acceptance, as follows:

a. The contractor may invoice for the first 25% milestone payment upon completion of the Statement of Work kick off meeting as referenced in Part 1 above.

b. The contractor may invoice the second 25% milestone payment upon completion of Task 1, 2 and 3 as defined in Part 5 above. All tasks shall be completed within the Standards of Acceptable Performance as defined in Part 6 above.

c. The contractor may invoice the third 25% milestone payment upon completion of all reports and submissions required under Deliverables in Part 8. All reports and submissions shall comply with the quality standards listed in Part 14.

d. The final 25% of the Statement of Work value shall be withheld pending submission and acceptance of Final Invoice.

14. IDENTIFICATION OF CONTRACT EMPLOYEES

All contract personnel are required to identify themselves as contractors. Whether attending meetings, or working in other situations where their contractor status is not obvious to third parties, they must make their status known to avoid creating an impression that they are Government employees.

15. BLM CONTACTS

Bureau of Land Management 6th Avenue and Kipling Street, Denver Federal Center, Building 50 PO. Box 25047 Denver, CO 80225

Contracting Officer’s Representative – Shane Wilson, Contracting Officer Representative Jarbidge Field Office E-Mail: sgwilson@blm.gov

Attachment 1 – Bureau of Land Management Slickspot Peppergrass Inventory and Clearance Standards

These guidelines describe standard procedures for conducting inventories and clearances for slickspots and slickspot peppergrass (Lepidium papilliferum) and are based on U.S. Fish and Wildlife Service Rare Plant Inventory Guidelines (Attachment 2) developed by the Idaho Fish and Wildlife Office of the U.S. Fish and Wildlife Service (Service), Boise, Idaho. The Bureau of Land Management (BLM) developed the methods outlined below, with technical assistance from the Service, that the BLM will use to determine whether potential habitat contains slickspots (slickspot peppergrass habitat), slickspot peppergrass (occupied habitat), or non-habitat (Figures 1 and 2).

The inventory guidelines referenced below address BLM conservation measures 1a and 1b as described in the 2009 Conservation Agreement between the Idaho Fish and Wildlife Office and Idaho BLM for slickspot peppergrass.

A. Surveyor Requirements The following qualifications would be required for potential habitat inventory or project clearances in slickspot peppergrass potential habitat:

1) BLM journey-level botanist.

2) Technician, para-botanist, or apprentice botanist under the direct supervision of a BLM journey-level botanist.

3) Experienced contracted botanist familiar with slickspot peppergrass and local southwest Idaho flora as demonstrated by a resume or other supporting documentation. All technicians, para-botanists, or apprentice botanists working under the contracted botanist must meet qualifications approved by the BLM journey-level botanist.

All BLM inventory personnel would be trained by the field office botanist prior to field inventory implementation. Contractors are required to coordinate with the local field office botanist.

B. Inventories

1. Inventories are performed to determine if slickspots and slickspot peppergrass plants are present. The recommended time period for Stage 1 inventory to detect slickspots and plants is June 1 to October 1 to determine presence or absence of slickspot peppergrass plants (see section C below).

2. Inventories will be performed in all areas containing potential habitat as defined by suitable soils and elevation and contained within the BLM 2003 potential habitat GIS layer, as updated.

3. Linear transects that span the width or length of an individual section (legal) or polygon (if less than 1 mile in length or width) will be established on northing or easting coordinates and located 100m apart. Surveyors will walk transects in a meandering fashion such that transect width consists of a minimum of 10 meters (~ 33 feet) along either side of the transect center line, resulting in a total transect width of 20 meters (~ 66 feet).

4. Slickspots observed on or adjacent to each transect will be recorded using a standard BLM GPS data dictionary. Slickspot complexes can be recorded as a single GPS point taken in the center of the cluster with an approximation of the complex size (<0.1 acre, 0.1-0.5 acre, 0.5-1 acre, >1 acre). If slickspots occur in very low density, single slickspots would be recorded separately. Slickspot density can be estimated upon completion of inventory for the section or polygon (e.g., X slickspots/acre). All GPS data will be collected in NAD83 per BLM and Service standards.

5. General transect physical and biological characteristics (topography, soil type, plant community) will be noted for each transect upon completion of that transect. These observations should be compiled for groups of transects to describe the broader inventory area.

6. If slickspots are observed in an area, a 0.5 mile habitat integrity zone surrounding the slickspots shall be established. This habitat integrity zone allows for potential conservation or restoration of native habitat to provide for insect pollinators. Both the 0.5 mile habitat integrity zone and the ¼ sections documented as containing slickspots shall be re-classified as slickspot peppergrass habitat and outlined in blocks to minimize fragments. This will be done to avoid re-classification of potential habitat into isolated islands of non-habitat or slickspot peppergrass habitat.

7. An area containing slickspots may be determined not to contain slickspot peppergrass after three years of inventory where spring rainfall is at least 60 percent of "average" spring precipitation (March-May; about 2.5 inches) within the current range of the species. These areas will continue to be classified as slickspot peppergrass habitat, but will be reclassified as unoccupied. The 0.5 mile habitat integrity zone can be dropped for unoccupied slickspot peppergrass habitat.

Figure 1. Inventory flowchart for slickspot peppergrass. See text for detailed descriptions of individual steps and Figure 2 for habitat definitions.

Potential Habitat

Stage 1 Slickspot Inventory:

Are slickspots present?

No Non-habitat

Yes

Slickspot Peppergrass Habitat

Stage 2 Plant Inventory:

Is slickspot peppergrass present?

Yes No

Slickspot Peppergrass Habitat

Occupied Habitat

Stage 3 Additional Plant Inventory: Repeat Stage 2 plant inventory to determine if slickspot peppergrass plants were or were not found at least once in three years of inventory where spring rainfall is at least 60 percent of “average”. Were plants found?

Yes No

Un Unoccupied Habitat

Figure 2. Habitat definitions for slickspot peppergrass1

Potential habitat: Areas within the known range of slickspot peppergrass with general soil and elevation characteristics that indicate the potential for the area to support the species, although the presence of slickspots or slickspot peppergrass plants is unknown. Areas identified as potential habitat meet the following criteria:

1) Soils contain natric and natric-like soils which form “slickspots.” These occur within Loamy 7- to 10-inch and 10- to 13-inch Wyoming big sagebrush ecological sites on the Snake River Plains and Owyhee High Plateau. The soil moisture regime is aridic bordering on xeric.

The areas occur at about 2,200 to 5,400 feet elevation.

The use of the term “potential habitat” acknowledges the potential for an area to support slickspot peppergrass based on general characteristics, even though uncertainty remains because of the lack of site-specific habitat information. In the absence of Stage 1 inventory, areas that contain potential habitat should be treated as though they contain slickspot peppergrass or its habitat (slickspots).

Slicks…