Attachment__2_1291S8-18-R-0019_Solicitation.pdf

OFFEROR'S COPY

NOTE: Attached forms must be completed and submitted intact.

Solicitation No. 1291S8-18-R-0019 HELP PREVENT FOREST FIRES

IMPORTANT - NOTICE TO OFFEROR

1. This is a complete copy. Information and instructions for submission of proposals as well as contract provisions and specifications are contained in the synopsis. This copy should be retained by offerors.

2. Faxed or emailed proposals will NOT be accepted.

FS-6300-45 (11/79)

Issuing Office:

U.S. Department of Agriculture Forest Service Region 5, Pacific Southwest/AQM 1323 Club Drive Vallejo, CA 94592

Offers Are Solicited For:

U.S. Forest Service A & E Bridge Design & Lad Rating IDIQ

1. CONTRACT NO.

ARCHITECT-ENGINEER CONTRACT 2. DATE OF CONTRACT

3A. NAME OF ARCHITECT-ENGINEER 3B. TELEPHONE NO. (Include Area Code)

3C. ADDRESS OF ARCHITECT-ENGINEER (Include ZIP Code)

4. DEPARTMENT OR AGENCY AND ADDRESS (Include ZIP Code)

USDA, Forest Service

5. PROJECT TITLE AND LOCATION

U.S. Forest Service, Region 5, Architect & Engineering Bridge Design and Load Rating IDIQ – Geographic area are located on National Forest land, generally located in remote or rural areas. Access to road bridge projects is generally by low standard road. Access to pedestrian bridge project sites may be by hiking trail. The projects will generally be in the State of California, but may include projects located on National Forests in any other State.

6. CONTRACT FOR (General description of services to be provided)

Professional Architect and Engineering (A-E) services. Services include Civil and Structural engineering services for a Base period and four additional 1-year option periods. Contract will be a Firm Fixed-Price.

7. CONTRACT AMOUNT (Express in words and figures)

The Government hereby obligates itself to obtain not less than two thousand five hundred ($2,500.00) in services. The maximum total/ceiling contract is two million ($2,000,000.00) over the life of the contract.

8. NEGOTIATION AUTHORITY

Public Law 92-582 (40 USC 541 et seq) and FAR Part 36.6

9. ADMINISTRATIVE, APPROPRIATION, AND ACCOUNTING DATA

Shall be included in each individual task order.

NSN 7540-01-152-8072

PREVIOUS EDITION NOT USABLE

252-102 STANDARD FORM 252 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.236-2(a)

10. The United States of America (called the Government) represented by the Contracting Officer executing this contract, and the Architect-Engineer agree to perform this contract in strict accordance with the clauses and the documents identified as follows, all of which are made a part of this contract:

PART I - THE SCHEDULE

Section A - Solicitation/Contract Form, SF 252 Section B - Services and Prices/Costs Section C - Description/Specifications/Statement of Work Section D - Packaging and Marking Section E - Inspection and Acceptance Section F - Deliveries or Performance Section G - Contract Administration Data Section H - Special Contract Requirements

PART II - CONTRACT CLAUSES

Section I - Contract Clauses

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

Section J - List of Attachments

PART IV - REPRESENTATIONS AND INSTRUCTIONS

Section K - Representations, Certifications, and Other Statements of Offerors or Respondents Section L - Instructions, Conditions, and Notices to Offerors or Respondents Section M - Evaluation Factors for Award

PART IV - Representations and Instructions (Sections K, L and M) will not be included in the awarded contract. This Part pertains only to preparation of offers and preaward.

NOTE: The term "Architect-Engineer" may be used in lieu of the term "Contractor", where it appears in the above documents.

If the parties to this contract are comprised of more than one legal entity, each entity shall be jointly and severally liable under this contract. The parties hereto have executed this contract as of the date recorded in Item 2.

SIGNATURES NAMES AND TITLES (Typed)

11. ARCHITECT-ENGINEER OR OTHER PROFESSIONAL SERVICES CONTRACTOR

A

B

C

D

12. THE UNITED STATES OF AMERICA

DINDO L. LAXAMANA

Contracting Officer

STANDARD FORM 252 BACK (REV. 10/83)

1291S8-18-R-0018 Architect & Engineering Design IDIQ/Region 5

PART I - THE SCHEDULE

SECTION B - SERVICES AND PRICES/COSTS

B- 1 Schedule of Items

Rates for Items 1 are to be fully loaded hourly rates. Fully loaded rates shall include wages, overhead, general, administrative expenses, and profit.

Item

Title/Name

[Add additional lines as necessary]

Base Period

One Year From Date of Award

Option Year #1

End of Base Year

#2

One Year From End of Option

Year #1

Option Year #3

One Year From End of Option

Year #2

Option Year #4

One Year From End of Option

Year #3

Civil Engineering Services Principal Engineer $ $ $ $ $ Supervising Engineer $ $ $ $ $ Senior Engineer $ $ $ $ $ Associate Engineer $ $ $ $ $ Assistant Engineer $ $ $ $ $ Junior Engineer $ $ $ $ $ Engineering Technician $ $ $ $ $

Structural Engineering Services Principal Engineer $ $ $ $ $ Supervising Engineer $ $ $ $ $ Senior Engineer $ $ $ $ $ Associate Engineer $ $ $ $ $ Assistant Engineer $ $ $ $ $ Junior Engineer $ $ $ $ $ Engineering Technician $ $ $ $ $

Construction Management

Services

Manager/Resident Engineer $ $ $ $ $ Inspector $ $ $ $ $

Other Personnel Senior Architect $ $ $ $ $ Drafter/CAD $ $ $ $ $ Estimator $ $ $ $ $ Spec Writer $ $ $ $ $ Administrative Assistant $ $ $ $ $

Overhead and Profit Rate used in above Hourly Rates

Overhead Rate % % % % % Profit Rate % % % % %

1291S8-18-R-0019 Architect & Engineering Bridge Design and Load Rating IDIQ

Item

Title/Name

[Add additional lines as necessary]

Base Period

Date of Award

#1

End of Base Year

#2

One Year From End of Option

Year #1

Option Year #3

One Year From End of Option

Year #2

Option Year #4

One Year From End of Option

Year #3

Civil Engineering Services

Subcontractor Services Geotechnical

Principal Engineer $ $ $ $ $ Senior Engineer/Geologist $ $ $ $ $ Senior GIS Analyst $ $ $ $ $ Associate Engineer/Geologist $ $ $ $ $ Assistant Engineer/Geologist $ $ $ $ $ Junior Engineer/Geologist $ $ $ $ $ GIS Analyst $ $ $ $ $ Senior Technician $ $ $ $ $ Technician $ $ $ $ $ Administrative Assistant $ $ $ $ $

Subcontractor Services

Hydrology/Hydraulics

Principal Engineer $ $ $ $ $ Senior Engineer $ $ $ $ $ Associate Engineer $ $ $ $ $ Technician $ $ $ $ $ Administrative/Clerical $ $ $ $ $

Subcontractor Services Material

Sampling & Testing

Principal Engineer/Project Manager

Senior Engineer $ $ $ $ $ Senior Technician/Inspector $ $ $ $ $ Technician/Inspector $ $ $ $ $ Administrative/Clerical $ $ $ $ $

Subcontractor Services Land

Surveying, Mapping, and Staking

Principal Land Surveyor $ $ $ $ $ Professional Land Surveyor $ $ $ $ $ Survey Party Chief (PLS) $ $ $ $ $ Survey Technician $ $ $ $ $ One Person Crew* $ $ $ $ $ Two Person Crew* $ $ $ $ $ Three Person Crew* $ $ $ $ $ Administrative/Clerical $ $ $ $ $ *Hourly rate includes equipment. Actual hourly rate is subject to prevailing wage and is location dependent

Notes: Additional labor categories, equipment, and services may be proposed as required specific to each Task Order issued.

Per Diem for meals and lodging are not to exceed maximums allowed by Federal Travel Regulations (FTR), at the time the Task Order is negotiated and as applicable. Without advance approval in accordance with FAR 31.205-46, all costs exceeding the FTR will not be paid.

Other Direct Costs (Incidentals) – Printing and Copying, and other incidental direct cost items shall be determined at the time each Task Order is issued as applicable. Other incidental costs shall be determined using the current fair market price or other appropriate cost and pricing methods.

Bid Schedule Preparation

Please provide the price information as displayed in this section when requested by the Contracting Officer. Provide as many other positions and their pricing as you deem necessary for work envisioned for this contract. Please use additional sheets if required.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C- 1 Introduction

(a) Scope of Contract. This contract is for professional structural, and civil engineering services including, but not limited to the design of vehicular and pedestrian bridges, design of repair or maintenance of existing bridges, load rating of existing vehicle bridges, design of other related transportation structures including retaining walls, and scenic overlook platforms. Requirements will vary for each work order issued under this contract. Work may include performing site surveys, geotechnical investigation, hydrology and hydraulics, structural and civil engineering design, aquatic organism stream restoration design, preparation of construction drawings, construction specifications, cost estimates, shop drawing review, construction monitoring, construction inspection, and related services. Work may include engineering drafting for Forest Service designed projects.

(b) General Description of Typical Bridge Projects. Road Bridge design projects generally include new and replacement bridges with spans from 20 to 150 feet, but may include longer span bridges. Road bridges are generally designed for one lane of traffic. Typical project values are less than $500,000.

C- 2 Standard Services

The Contractor shall:

a) Provide adequate professional supervision and quality control to assure the accuracy, quality, completeness and progress of the work.

b) Closely coordinate the work performed with the related work of the Government staff personnel

c) Promptly report to the CO any ambiguities or discrepancies found in the project requirement, criteria, or documents involving the work

d) When necessary, visit the project sites or contract Government location representative at the project sites; hold conferences and discussions with Government; and take such other action as may be required to obtain the data necessary for the design development, coordination and completion of each work order.

e) Submit to the CO for approval any changes that will result in a modification to each Task Order, prior to implementation

f) Furnish progress reports of the work.

g) Prepay shipping and/or mailing charges on all material sent to the Contracting Officer (CO).

h) Provide access to all work and all of the A-E facilities and equipment engaged in the work for inspection by the Contracting Officer during normal business hours.

C- 3 Location of Work

Projects are located on National Forest land, generally located in remote or rural areas. Access to road bridge projects is generally by low standard road. Access to pedestrian bridge project sites may be by hiking trail. The projects will generally be in the State of California, but may include projects located on National Forests in any other State.

C- 4 Compliance with Codes and Standards

Engineering design work for bridge and transportation projects under this contract shall be competed in accordance with Forest Service policy and the current edition of the AASHTO LRFD Bridge Design Specifications, AASHTO Guide Specifications for Design of Pedestrian Bridges, Forest Service policy and specific project requirements.

Load ratings for existing bridge shall be completed in accordance with the current edition of The Manual for Bridge Evaluation, published by AASHTO. Engineering design work for scenic overlook platforms may be required to be completed in accordance with other industry standard codes as specified in the individual delivery ordering documents.

C- 5 Drawings and Specifications

Specific drawing requirements shall be provided in the individual Statement of Work. In general drawings shall be prepared in a straightforward, logical, clear, manner, and be clearly detailed using AutoCAD.

Construction specifications for all projects shall be the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects- FP-14 (U.S. Customary Units), published by the Federal Highway Administration, applicable standard Forest Service supplemental specifications, and any project specific supplemental specifications.

The Buy American Act requires that U.S. manufactured end product be used so long as the domestic items are of satisfactory quality and are available in sufficient quantity. This Act must be considered in all design decisions. Any exception to this Act must have prior approval from the Contracting Officer.

The use of proprietary trade names is generally not permitted.

C- 6 Site Surveys Topographical and Other Information

In individual task orders, the CO may authorize the A-E in writing to obtain site surveys, hydrologic and hydraulic design information, subsurface geotechnical investigation, or other required services. The A-E is responsible for arranging and overseeing the performance of topographic surveys, test surveys, test borings, soil tests, subsurface exploration, and other such investigations they determine are required for the design of the project.

C- 7 Submittals

The A-E shall submit all drawings, specifications, reports estimate and calculations to the project manager. The quantity of submittals shall be indicated in the Statement of Work for each task order.

The frequency of submittals shall be defined in the Statement of Work for each task order. Electronic drawings shall be submitted in AutoCAD Format (.dwg), or as specific in the individual task order Statement of Work.

Cost Estimates shall be submitted in Microsoft Excel format (.xls or .xlsx)

Specifications, reports, and studies shall be submitted in Microsoft Word format (.doc or .docx)

C- 8 Construction Services

Construction services may consist of the following:

1) Preparation of additional explanatory drawings

2) Review of shop drawings

3) Site visits

4) Monitoring of construction

Monitoring of construction shall be performed by a qualified employee of the firm acceptable to the CO and may include, but not be limited to the following:

1) Attendance at pre-construction conference

2) Review of construction for compliance with contract documents

3) Review of foundation conditions

4) Review of concrete forms for dimension, alignment rigidity, and placement of steel, and safety.

5) Maintenance of a bound project diary on all reviews made, and furnishing weekly reports to the Contracting Officers Representative.

7) Preparation of “as-built" drawings from Construction Contractor furnished plans and information noting any approved deviations from the originals during construction.

8) Assisting with conducting final inspection.

SECTION D - PACKAGING AND MARKING

D- 1 Marking and Labeling

(a) Each package, report, or other deliverable product shall be accompanied by a transmittal letter or other document that:

(1) Identifies the Contract and Task Order by number for which the item is being delivered.

(2) Identifies the deliverable Item Number or Report Requirement, which requires the delivered item(s), IF stated in the Task Order.

(3) Indicates whether the Contractor considers the delivered item to be a partial or full satisfaction of the requirement.

(b) For any package, report or other deliverable being delivered to a party other than the Contracting Officer (CO), a copy of the transmittal letter for the document required above shall be simultaneously provided to the Contracting Officer issuing the Task Order.

D- 2 Formats

(a) Specifications shall be provided in Microsoft Word and delivered either by email, CD, or other electronic format as stated in the Task Order.

(b) Drawings shall be provided in electronic format (AutoCad) as stated on the Task Order. In addition to the electronic format, at least one set drawings, signed and stamped by the A-E shall be provided. If additional hardcopies are required, it will be stated on the Task Order.

(c) Cost Estimates and Fee Proposals shall be provided in Microsoft Excel spreadsheets or other similar products approved by the Contracting Officer.

(d) If the Contractor prepares, or the Task Order requires, a site plan be created with the existing features, utilities, and improvements, the Government will be provided a copy.

SECTION E - INSPECTION AND ACCEPTANCE

E- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

E-2 FAR 52.246-4 Inspection of Services - Fixed-Price (AUG 1996) http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

SECTION F - DELIVERIES OR PERFORMANCE

F- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

F-2 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984) 52.211-13 Time Extensions (SEPT 2000) 52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

F- 3 AGAR 452.211-74 Period of Performance (FEB 1998)

The period of performance of this contract is five years from date of award, which includes a base year, and four one year options.

F- 4 Contract Time and Required Rate of Progress

The start work date and the contract time for each Task Order will be negotiated prior to issuance of each Task Order. The Contractor shall maintain progress at a rate that will assure completion of work within the contract time specified in the Task Order. Contract time on Task Orders issued by the Government may overlap and/or run concurrently.

SECTION G - CONTRACT ADMINISTRATION DATA

G- 1 AGAR 452.215-7 Post Award Conference (NOV 1996)

A post award conference with the successful Offeror maybe required. It will be scheduled and held within 15 days after the date of contract award. The conference will be held at USDA Forest Service, Pacific Southwest Regional Office, 1323 Club Drive, Vallejo, CA 94592.

G- 2 Contracting Officer

(a) Procuring Contracting Officer. The Procuring Contracting Officer for this contract is:

DINDO L. LAXAMANA

Contracting Officer USDA Forest Service

Phone: (707)562-9022 Email: dindolaxamana@fs.fed.us

(b) Task Order Contracting Officer: Contracting Officer – Ordering Authorization. The following Forest Service personnel are authorized to place, compete, award and administer task orders under this contract: any A-E warranted Contracting Officer in Region 5, within the limits of their warrant, may award and administer a task order for work covered by this contract within the physical boundaries of this contract. See Paragraph C- 3, Location of Work, for authorized project locations.

G- 3 Contracting Officer’s Representative (COR)

(a) Contract COR. The COR for this (parent) contract is:

Nancy Tipton Lee USDA Forest Service nancytlee@fs.fed.us Phone: (707) 562-8862

(b) Task Order COR’s. The Contracting Officer who issues the Task Order will designate COR’s for each Task Order at the time the Task Order is issued. All COR’s designated on Task Orders issued under this contract shall provide the Parent Contract Contracting Officer's Representative with a written monthly status report containing any information required by the Parent Contract COR.

G- 4 Task Order Process

(a) Individual Project Ordering

Services under this IDIQ contract will be provided on a task order basis. Task Orders shall be initiated by submitting the following to the unit’s servicing Contracting Office, which includes but is not limited to:

• IAS Requisition mailto:dindolaxamana@fs.fed.us mailto:nancytlee@fs.fed.us

• A-E Firm Selection Report

• FS-6300-4, Request for Contract Action

• Independent Government Cost Estimate

• Task Order Form (as applicable)

• Statement of Work (Specifications, Plans, Drawings, etc.)

• COR certificate

The A-E Contractor shall review each Statement of Work and prepare and submit a written proposal to the CO or designated project manager, or individual as designated in the Statement of Work.

The Contractor shall submit a proposal indicating hours of each skill and other costs needed to complete the project, along with any narrative supporting the level of work and total cost of the proposal. If needed, the Contractor and the Government will meet to clarify the project.

If the A-E proposal is unacceptable, negotiations shall be conducted. Upon agreement of the work and price, a Task Order will be issued for signature. A signed order will constitute acceptance and also serve as Notice to Proceed on that specific order.

The A-E Contractor shall complete the engineering or other services requested. The deliverables shall be defined in the Statement of Work furnished for each delivery order.

After the Forest Service review of the completed deliverables, they may be returned to the A-E for correction, changes, or additions, if required. The corrected deliverables shall be returned to the project manager.

(b) Task Order Request for Proposal and Negotiation. The cognizant Contracting Officer will use procedures under FAR Part 36.6 as indicated below:

• For tasks orders not expected to exceed the Simplified Acquisition Threshold (SAT), which is currently at $250,000, the short selection process as defined in FAR 36.602-5 will be followed

• For task orders expected to exceed the SAT of $250,000, the selection process outlined in FAR Part 36.602 will be followed.

• Once the contracting officer (CO) has the authorization to commence negotiations with the most preferred firm, the CO will initiate a Task Order by issuing a Task Order Request for Proposal (TORFP) along with a Statement of Work that describes the Government’s project requirements, and with the assistance of technical personnel, negotiate a fair and reasonable price for the work.

Contracting Officers are authorized to include additional clauses in individual Task Orders as desired or required by the CO. The Statement of Work will include: Description of project, Project location, Scope of work, Report and record keeping requirements, Time constraints or schedules, Submittal requirements, Technical contacts for coordinating work, & Government furnished items

The Contractor shall submit a detailed proposal in response to the TORFP, indicating hours of each skill and other costs needed to complete the project, along with any narrative supporting the level of work and total cost of the proposal. To support the proposed Task Order price, the Contractor’s proposal shall include detailed backup cost details. Examples of such detail include, but are not limited to:

• Subcontractor price quotations.

• Proposed materials and supplies and price quotations.

• Equipment costs.

• Travel and related management costs.

Site visits for individual Task Orders may be required by the Government to familiarize the Contractor with site conditions, issues, project scope of work, or for project information exchange. Site visits may be required prior to submission of a price proposal, and/or after the submission of a price proposal.

If needed, the Contractor, and the Government will meet to clarify the project. Meetings will be held by phone, or at a location the CO determines is advantageous for the specific project. The Contractor will not be reimbursed for meetings necessary for proposal preparation or negotiations.

If the A-E proposal is unacceptable, negotiations will be conducted in accordance with FAR Part 36.606.

Upon agreement of the work and price, a Task Order will be issued for signature. A signed order will constitute acceptance and may also serve as Notice to Proceed on that specific order.

The A-E Contractor shall complete the services ordered. The deliverables will be defined in the Statement of Work furnished for each Task Order.

(c) Task Order Issuance. The unit issuing Contracting Officer will award the Task Order and provide a copy to the IDIQ Contract Contracting Officer for maintenance of the contract and monitoring contract totals. Orders may be issued by hard copy, facsimile, or by electronic means. The Government will order work under this contract by the issuance of Task Orders for specific projects.

(d) Evaluation of Task Order Effort Completed by Contractor. The Task Order COR, with input from the cognizant Engineer, shall complete an evaluation of the Contractor’s performance on individual Task Orders and forward a copy to the Parent Contract Contracting Officer for filing with the basic contract.

(e) Ombudsman Description.

In accordance with FAR 16.505(a)(8), no protest under FAR subpart 33.1 is authorized in connection with the issuance or proposed issuance of a TO under this contract, except for a protest on the grounds that a TO increases the scope, period, or maximum value of the contract.

The Ombudsman will review complaints from the contractors, and ensure that all contractors are afforded a fair opportunity to be considered consistent with the procedures in the contract. Complaints to the USDA Forest Service Ombudsman must be forwarded to:

Shawn O’Donnell Branch Chief, Forest Service Procurement Policy and the Competition Advocate 201 14th Street, SW Washington DC 20250 Phone: 703-605-4544

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

H- 2 AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this Contract the following key personnel:

KEY PERSONNEL CATEGORY

Project Manager/Main Point of Contact

Additional Key Personnel may also be identified in individual Task Orders.

(b) During the first ninety (90) days of contract award, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The Contract/Task Order will be modified to reflect any approved changes of key personnel.

H- 3 Government Rights (Unlimited) and Release of Information

The Government shall have unlimited rights, for the benefit of the Government, in all drawings, designs, specifications, notes and other work developed in the performance of this contract, including the right to use same on any other Government work without additional cost to the Government; and with respect thereto, the Architect-Engineer agrees to and does hereby grant the Government, a royalty-free license to all such data which he may cover by copyright and to all designs as to which he may assert any right or establish any claim under the design patent or copyright laws. The Architect-Engineer for a period of 3 years after completion of the project agrees to furnish and to provide access to originals or copies of all such materials on the request of the Contracting Officer.

The A-E agrees not to divulge or release any information developed or obtained in connection with the performance of this contract or any possible construction based on the results thereof (including, but not limited to, plans, specifications, location, time or estimated cost of construction) except to authorized Government personnel or upon prior written approval of the CO.

H- 4 Government-Furnished Supplies and Services

The A-E may, as appropriate, receive the following as Government furnished material or as otherwise indicated in the Statement of Work for each task order:

1. CAD standards with electronic drawing file format in AutoCAD with title blocks, borders, and layer definition.

2. Design criteria and information relative to existing conditions.

3. Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects (FP-

14)

4. Forest Service supplemental specifications for the Standard Specifications for Construction of

Roads and Bridges on Federal Highway Projects (FP-14)

H- 5 Hold Harmless Clause

The Contractor agrees to indemnify and hold harmless the United States of America against any claims or any nature whatsoever by third persons arising from the activities of the Contractor or any of its subcontractors, employees, agents or assigns in the performance of this contract.

H- 6 Subcontracting for Work or Services

No contract shall be made by the A-E with any other party for furnishing any of the work or services herein contracted for without written approval of the CO, except as otherwise provided for in the terms of this contract. This provision shall not be taken as requiring the approval of contracts of employment between the A-E and personnel assigned for services there under.

H- 7 Statutory Fee or Price Limitation

In accordance with 10 USC 2306(d) and 41 USC 254(b) when each Task Order is negotiated, the cost for production and delivery of designs, plans, drawings, and/or specifications shall not exceed 6 percent of the estimated cost of construction of the public work or utility, excluding fees.

H- 8 Design Within Funding Limitations

(a) The Government may require the Architect-Engineer contractor to design task order projects so that construction costs will not exceed a contractually specified dollar limit (funding limitation). If the price of construction proposed in response to a Government solicitation exceeds the construction funding limitation in the Architect-Engineer contract, the firm shall be solely responsible for re-designing the project within the funding limitation. These additional services shall be performed at no increase in the price of this contract. However, if the cost of proposed construction is affected by events beyond the firm’s reasonable control (e.g., if there is an increase in material costs which could not have been anticipated, or an undue delay by the Government in issuing a construction solicitation), the firm shall not be obligated to re-design at no cost to the Government. If a firm’s design fails to meet the contractual limitation on construction cost and the Government determines that the firm should not re-design the project, a written statement of the reasons for that determination shall be placed in the contract file.

(b) The amount of the construction funding limitation for individual task orders will be inserted into clause 52.236-22 and will be established during negotiations between the contractor and the Government.

This estimated construction contract price shall take into account any statutory or other limitations and exclude any allowances for Government supervision and overhead and any amounts set aside by the Government for contingencies. In negotiating the amount, the Contracting Officer should make available to the contractor the information upon which the Government has based its initial construction estimate and any subsequently acquired information that may affect the construction costs.

H- 9 Liability for Government Costs Resulting from Design Errors or Deficiencies

A-E contractor shall be responsible for the professional quality, technical accuracy, and coordination of all services required under this contract, and will be liable for Government costs resulting from negligent errors or deficiencies in designs furnished under its contract. Therefore, when a modification to a construction contract is required because of an error deficiency amounting to negligence in the services provided under this contract, the contracting officer may consider the extent to which the A-E contractor may be reasonable liable. The contracting officer may enforce the liability and collect the amount due, if the recoverable cost will exceed the administrative cost involved or is otherwise in the government's interest.

H- 10 Personnel Qualifications

All engineering design and structure load rating work under this contract shall be performed by or under the direct supervision of structural or civil engineer, licensed in the State of California, or when projects are located in another state, in the State where the project is located. For bridge design and load rating projects, demonstrated previous bridge design experience is required. The seal and signature of the licensed professional engineer is required on all final design and drawing submittals.

H- 11 Contractor Performance Assessment Reporting System (FEB 2011)

(a) General. This contract is subject to Federal Acquisition Regulations (FAR), Agriculture Acquisition Regulations (AGAR), and Forest Service Acquisition Regulations (FSAR) that require past performance evaluations to be completed and entered into the Contractor Performance Assessment Reporting System

(CPARS).

(b) Contact Information. At the Prework Meeting, the name and email address of the Contractor Representative will be required.

(c) Assessment. Upon completion of the work associated with the contract/delivery orders, an evaluation will be initiated by the Contracting Officer in the CPARS system and the Contractor Representative will receive an auto-email from CPARS with instructions for completion of the evaluation.

H- 12 Travel Expenses

The Government may reimburse the Contractor for actual cost of such travel and expenses if approved in the individual Task Orders.

The contractor will arrange for travel, accommodation and/or other related expenses, and pay the costs thereof. (Other related travel expenses shall be those directly involved in the furnishing of these services and approved by the Contracting Officer prior to any costs being incurred.)

Expenses incurred will be considered reasonable and payable only to the extent they do not exceed on a daily basis, the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulation prescribed by the General Service Administration for travel in the contiguous 48 states, and will be made available upon request.

AG-03R6-S-13-0075

Architect & Engineering Design IDIQ/Region 1

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations - http://www.acquisition.gov/far and the Agriculture Acquisition Regulations – http://www.usda.gov/procurement/policy/agar.html.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 Definitions (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.211-18 Variation in Estimated Quantity (APR 1984) 52.215-2 Audit and Records - Negotiation (OCT 2010) 52.215-8 Order of Precedence - Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (NOV 2016) 52.219-14 Limitations on Subcontracting (JAN 2017) 52.222-3 Convict Labor (JUNE 2003) 52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation (JULY 2005) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-35 Equal Opportunity for Veterans (OCT 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (JULY 2014) 52.222-37 Employment Reports on Veterans (FEB 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-41 Service Contract Labor Standards (MAY 2014) 52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and

Option Contracts) (MAY 2014) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.224-1 Privacy Act Notification (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008)

52.225-14 Inconsistency between English Version and Translation of Contract (FEB 2000) 52.227-1 Authorization and Consent (DEC 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) 52.227-17 Rights in Data—Special Works (DEC 2007) 52.228-5 Insurance-Work on a Government Installation (JAN 1997) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-10 Payments under Fixed-Price Architect-Engineer Contracts (APR 2010) 52.232-11 Extras (APR 1984) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) 52.233-1 Disputes (MAY 2014) Alternate I (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-22 Design Within Funding Limitations (APR 1984) 52.236-23 Responsibility of the Architect-Engineer Contractor (APR 1984) 52.236-24 Work Oversight in Architect-Engineer Contracts (APR 1984) 52.236-25 Requirements for Registration of Designers (JUNE 2003) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.239-1 Privacy or Security Safeguards (AUG 1996) 52.242-13 Bankruptcy (JULY 1995) 52.243-1 Changes - Fixed-Price (AUG 1987) Alternate III (Apr 1984) 52.244-4 Subcontractors and Outside Associates and Consultants (Architects-Engineer Services)

(AUG 1998)

52.244-6 Subcontracts for Commercial Items (NOV 2017) 52.245-1 Government Property (JAN 2017) 52.245-9 Use and Charges (APR 2012) 52.248-2 Value Engineering – Architect-Engineer (MAR 1990) 52.249-7 Termination (Fixed-Price Architect-Engineer) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988) 452.237-75 Restrictions Against Disclosure (FEB 1988)

I- 2 FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(OCT 2016)

a) Definitions. As used in this clause:

“Executive” means officers, managing partners, or any other employees in management positions.

“First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that would benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect cost.

“Month of award” means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.

“Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board’s Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.

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

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

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

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. No.

109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L.

110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(c) Nothing in this clause required the disclosure of classified information.

(d)

(1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) database (FAR provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—

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

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

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

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $30,000 or more, the Contractor shall report the following information at http://www.fsrs.gov for that first tier subcontract. (The Contractor shall follow the instruction at http://www.fsrs.gov to report the data.)

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

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

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

(vi) Subcontract number (the subcontract number assigned by the Contractor).

(vii) Subcontractor’s physical address including street address, city, state, and country.

Also include the nine-digit zip code and congressional district.

(viii) Subcontractor’s primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(ix) The prime contract number, and order number if applicable.

(x) Awarding agency name and code.

(xi) Funding agency name and code.

http://www.sec.gov/answers/execomp.htm http://www.fsrs.gov/

(xii) Government contracting office code.

(xiii) Treasury account symbol (TAS) as reported in FPDS.

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

(3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of $30,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor’s preceding completed fiscal year at https://www.fsrs.gov , if—

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

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

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

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $30,000 to avoid the reporting requirements in paragraph (d) of this clause.

(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires.

(g)

(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor https://www.fsrs.gov/ http://www.sec.gov/answers/execomp.htm

(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this information.

(End of clause)

I- 3 FAR 52.204-13 System for Award Management Maintenance (OCT 2016)

(a) Definition. As used in this clause--

“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier.

The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal…