THIS IS A SPECIAL, SECTION H CLAUSE, WHICH HAS NOT BEEN APPROVED FOR OFFICIAL PUBLIC RELEASE.
THIS IS A SPECIAL, SECTION H CLAUSE, WHICH HAS NOT BEEN APPROVED FOR OFFICIAL PUBLIC RELEASE.
PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA (NOV 2007)
(a) The Historic and Archeological Data Preservation Act of 1974, provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or program.
(b) If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Contracting Officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed.
(c) Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.
(d) The Contractor will be responsible for protecting the cultural resources within the affected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The Contractor shall immediately notify the Contracting Officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.
(e) The Contractor agrees to insert this paragraph in all subcontracts that involve the performance of work on the terrain of the site.
Alternate 1: Insert the following paragraph (f) if the work is being performed on tribal lands:
(f) If the discovery occurs on tribal lands, the Contractor shall immediately orally notify the responsible tribal official and the Contracting Officer, and follow with written confirmation within 2 days to the responsible tribal official and the Contracting Officer. The contact information for the tribal official may be obtained at: http://web.cast.uark.edu/other/nps/nacd.
(End of Clause)
(e) The Contractor agrees to insert this paragraph in all subcontracts that involve the performance of work on the terrain of the site.