Amendment_No_0001_SPCC_RFP_0001.pdf

(x)

140F0221Q0041 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

F02

ALBUQUERQUE NM 87102-3118

500 GOLD AVENUE SW

DIVISION OF CONTRACT & GS

F02

ALBUQUERQUE NM 87102-3118

500 GOLD AVENUE SW

P.O. BOX 1306

FWS, DIVISION OF CONTRACTING AND GE

07/13/20210001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

07/13/2021

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of Amendment No. 0001 is to incorporate revised RFP.

Attachment I

All other solicitation terms and conditions remain unchanged.

Legacy Doc #: FWS

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Rachel Williams

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ATTACHMENT I

REQUEST FOR PROPOSAL-REVISION 3-July 21, 2021 Request for Quote (RFQ) No. Issue Date: July 13, 2021 Solicitation No. 140F0221Q0041

BLANKET PURCHASE AGREEMENT FOR NATIONWIDE

NAICS Code: 541620 Size Standard: $7 Million

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)

(a) Definition. Small business concern, as used in this clause—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to-

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-

5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(End of clause)

To be considered for award you must submit your technical and price quote before the time and date specified below. It is your responsibility to have your technical and price quote to the Government before the time and date specified. Please submit only one email with two attachments; the first attachment within the email will be your technical quote and the second attachment within your email will be your price quote.

Quotes will only be accepted ELECTRONICALLY. PLEASE SUBMIT YOUR QUOTES NO LATER THAN 3PM August 12, 2021 to Joann_Mallory@fws.gov . If your firm’s responsibility to ensure your technical quote and price quote are received by the time and date specified.

QUESTIONS ARE DUE NO LATER THAN 3 PM August 06, 2021. QUESTIONS RECEIVED AFTER 3 PM August 06, 2021 WILL NOT BE ANSWERED. EMAIL QUESTIONS TO Joann_Mallory@fws.gov as questions will not be taken or answered over the telephone. Block 12 of the Standard Form (SF)1449 Solicitation/Contract/Order for Commercial Items is to be used to offer prompt payment discounts. Payment terms are set forth in your Multiple Award Schedule (MAS) contract. Please insert your payment terms into Block 12 of the SF 1449. Example: Net 20 or Net 30, etc.

mailto:Joann_Mallory@fws.gov mailto:Joann_Mallory@fws.gov

REQUEST FOR QUOTES (RFQ) TABLE OF CONTENTS

A. REQUEST FOR QUOTES (RFQ)/BLANKET PURCHASE AGREEMENT (BPA) FORM

A1. STANDARD FORM 1449, REQUEST FOR QUOTES (RFQ), OFFER AND AWARD

A2. Price Quote Sheets – ALL rates must be submitted on this form

B. SERVICES AND PRICES

C. DESCRIPTION/SPECIFICATIONS - STATEMENT OF WORK

D. PACKAGING AND MARKING

E. INSPECTION AND ACCEPTANCE

F. DELIVERIES AND PERFORMANCE

G. BLANKET PURCHASE AGREEMENT (BPA) ADMINISTRATION DATA

H. SPECIAL BLANKET PURCHASE AGREEMENT (BPA) REQUIREMENTS

I. BLANKET PURCHASE AGREEMENT (BPA) CLAUSES

J. LIST OF ATTACHMENTS

K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF CONTRACTORS

L. INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERERS

M. EVALUATION FACTORS FOR AWARD

Section B7 concerns the fees for professional services and will be used by the winning contractor for determining the labor costs for each task. Please complete the labor rate form below (which is from Section B7),.and include it in your response to this Section A.

Please complete all other requested information on SF 1449 and the Price Quote Sheet, as appropriate.

Please submit the following form (from Section B7) with your proposal:

Labor Rates

1. Fees for labor will be approved by the COR on a case-by-case basis and be based on the hourly rate of proposed employees multiplied by the anticipated number of hours.

2. The following table is to be completed, providing the labor rates as of July, 2021. If a labor rate is not applicable, it may be noted by “N/A.” This is your base year rate proposal.

Labor Title Labor Rate – Per Hour

Program Manager/Principal Project Manager Senior Engineer Senior Professional Engineer Mid-Level Engineer Junior-Level Engineer Senior Scientist/Consultant Mid-Level Scientist Junior-Level Scientist Administrative Assistant Senior Budget Analyst Certified Industrial Hygienist GIS/CADD Technician GIS Specialist

3. The proposed labor rates will be evaluated to determine whether the offer is deemed to be reasonable; however ,if certain rates appear to be unusually high, the offeror may be asked to reevaluate their proposed rate. The offeror is not required to reduce their proposed rate and should state that the originally proposed rates are the appropriate rates to be considered.

SECTION A

RFQ/BPA/PRICE QUOTE FORMS

SEE SF1449 & PRICE QUOTE SHEETS

B1. DESCRIPTION OF SERVICES

The successful contractor shall provide the management, supervision, manpower, equipment, and supplies necessary to provide oil pollution compliance and related services and other Architectural and Engineering (A&E) services as described herein. Work under this Blanket Purchase Agreement (BPA) is expected to commence on or about September 2021.

This Blanket Purchase Agreement (BPA) and prices will cover Spill Prevention, Control, and Countermeasure (SPCC) Plans & other Architectural and Engineering services to be performed on-site at government facilities & research operations.

NOTE: To be considered in the evaluation of this RFQ an offeror shall propose an all-inclusive rate in the schedule of services. Prices shall be by labor category (see Section B7) and include, but not be limited to, all costs such as expenses for travel time, parking, overhead, overtime, General and Administrative (G&A) costs, and profit. Travel expenses are always a variable and will be determined on a case-by-case basis by the Contracting Officer’s Representative (COR).

B2. TYPE OF BLANKET PURCHASE AGREEMENT (BPA)

This Request for Quotes (RFQ) will result in one (1) single award Blanket Purchase Agreement (BPA)

All work requested of the contractor during each option year will be submitted to the contractor by the COR by email. The work location and expected services will be specified for each SPCC Plan or other A&E work and the fee allowable for the work. ORDERS MAY ONLY BE ISSUED BY FWS UNDER THIS

BPA.

The Contractor shall not commence any work under this Blanket Purchase Agreement (BPA) without receiving an email notice to proceed from the COR or the Contracting Officer (C/O).

B3. ESCALATOR FEES

1. Each year, the fees in the Table in Section B7 may be escalated with the approval of the COR based on the inflation rate of the previous calendar year or, in the case of the current inflation greater than two (2) times the previous calendar year, at a rate agreed upon by the Chief, Branch of Environmental Compliance and Sustainability.

2. The escalation rate will be based upon the fees for the previous Fiscal Year (which would include the escalation amount for that year), not the Base Year.

3. The escalation of fees for each Option Year is not automatic. The COR

SECTION B

SERVICES AND PRICES

will take the performance of the contractor the previous Fiscal Year and other performance factors into consideration in authorizing the escalated rate.

4. The COR with issue a modification to invoke the new Fee Schedule prior to the beginning of the Option Year.

B4. OFFER FOR BASIC SERVICES:

FWS seeks pricing based on commercial practices to the extent practicable.

Unless otherwise specified herein, the contractor’s rates for these services shall include all labor necessary develop a Spill Prevention, Control, and Countermeasure (SPCC) Plan utilizing the Service’s SPCC Plan Template and in conformance with the applicable provisions of 40 CFR Part 120, the Steel Tank Institute’s (STI) Standard SP001, and all applicable state and local regulations. In addition, the contractor may be requested to perform other environmentally related A&E projects (e.g., reviewing a Remedial Investigation/Feasibility Study (RI/FS) at a Munitions and Explosives of Concern (MEC) site under the authority of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)), as required.

Quoted prices SHALL:

● Be calculated using your current Multiple Award Schedule (MAS) contract rates and be fully loaded to include expenses for supervision, travel time, per diem, labor, labor overtime, overhead, project management, General and Administrative expenses (G&A), and profit.

B5. AWARDS

FWS anticipates making one (1) Award as a result of this RFQ.

B6. PRICING OF OPTIONS

The prices for work performed under this contract shall conform to the amounts approved by the government when awarding this contract and will address the base year, any option years, and any escalator rates.

B7 TABLE OF PROPOSED FEES

A. Labor Rates

1. Fees for labor will be approved by the COR on a case-by-case basis and be based on the hourly rate of proposed employees multiplied by the anticipated number of hours.

2. The following table is to be completed and submitted as described in Section A, RFQ/BPA/PRICE QUOTE FORMS, providing the labor rates as of July, 2021. If a labor rate is not applicable, it may be noted by “N/A.” This is your base year rate proposal.

Labor Title Labor Rate – Per Hour

Program Manager/Principal Project Manager Senior Engineer Senior Professional Engineer Mid-Level Engineer Junior-Level Engineer Senior Scientist/Consultant Mid-Level Scientist Junior-Level Scientist Administrative Assistant Senior Budget Analyst Certified Industrial Hygienist GIS/CADD Technician GIS Specialist

3. The proposed labor rates will be evaluated to determine whether the offer is deemed to be reasonable; however ,if certain rates appear to be unusually high, the offeror may be asked to reevaluate their proposed rate. The offeror is not required to reduce their proposed rate and should state that the originally proposed rates are the appropriate rates to be considered.

B. BPA Call Fee Awards

The COR will evaluate the proposed cost for each work assignment and notify the contractor whether the proposed costs are sufficient or exceeds anticipated costs. If the contractor’s proposed cost per work order is deemed excessive, the contractor will be notified that they should recalculate their proposed costs.

1. Should the contractor disagree with the COR’s analysis, a meeting or conference may be held and the contractor’s concerns discussed.

2. If the conference results in a negotiated cost that is agreeable to both parties, the COR will issue an acceptance of this proposal and notify the contractor to start work.

3. If a negotiation is not successful, the contractor may request a meeting with the C/O and more senior Service staff responsible for the development of SPCC Plans.

4. If an agreement cannot be made after item (3), above, has been invoked, the Service may decide to perform the work using alternative providers.

5. Refusal to perform the work required by the Service within common price norms could be grounds for termination of the contract.

C1. SCOPE OF WORK

The successful contractors shall provide the Department of Interior (DOI) preparation of Spill Prevention, Control, and Countermeasure (SPCC) Plans and other A-E Services.

C2. WORK REQUIREMENT

A. Zone

Nationwide

B. Place of Performance

The services to be provided under this Blanket Purchase Agreement (BPA) shall be performed at any location, building, facility, or site as directed by the Government.

C3. BLANKET PURCHASE AGREEMENT (BPA) EFFORT REQUIRED

A. The contractor shall provide a full range of services necessary to satisfy ordering agencies’ SPCC and other

A&E Services requirements.

C4. GENERAL REQUIREMENTS

The contractor shall:

A. Provide SPCC plan & A-E services by providing all supervision, labor, materials, and equipment necessary to accomplish the work.

B. Furnish all vehicles, insurance, driver, supervision, maintenance, equipment, travel, per diem, and operating supplies and services, and perform all services necessary to provide services for ordering agencies

C. Ensure that its firm and staff and subcontractors maintain any generally required professional certification, accreditation, license, and proficiency relative to their area of expertise. The contractor shall retain documentation of such records. The Government will not pay for expenses to meet this requirement.

D. Should the contractor need security clearances to perform the tasks, it is the responsibility of the contractor or subcontractor to secure the needed security clearances and to obtain all necessary clearances, escorts, and other required conditions needed to gain access to government property or other property, as appropriate. The contractor shall notify the COR prior to arranging for access to any Service facilities.

C5. SPECIFIC QUALIFICATION REQUIREMENTS

The contractor shall have sufficient knowledge of:

• Spill Prevention, Control, and Countermeasure (SPCC) Plans, including their development, modification, SECTION C

DESCRIPTION/SPECIFICATIONS

STATEMENT OF WORK

and revisions.

• 40 CFR Part 112 and the Steel Tank Institute (STI) Standard SP001.

• Oil storage equipment at facilities greater than 42,000 gallons storage capacity.

• Facility Response Plan requirements.

• The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response actions to MEC and other munitions-related issues.

• The major environmental regulations and statutes including, but not limited to; CERCLA, the Resource

Conservation and Recovery Act (RCRA, The Clean Water Act (CWA), The National Contingency Plan (NCP), The Clean Air Act (CAA), The Toxic Substances Control Act (TSCA), The Oil Pollution Act (OPA), The Safe Drinking Water Act (SDWA), etc.

• Knowledge of the federal contract provisions in the Federal Acquisition Manual (FAR) that apply to this contract.

The contractor shall be a licensed Professional Engineer (PE) capable of certifying SPCC Plans on staff or have a suitable PE as a subcontractor.

The contractor or a suitable subcontractor shall have a PE license suitable for certifying CERCLA Remedial Investigation/Feasibility Studies (RI/FS) at Munitions and MEC contaminated sites, and be able to knowledgably:

• Review and comment on RI/FS prepared fortge Department of Defense (DoD).

• Prepare an RI/FS for remedial investigations pertaining to the discovery and removal of MEC on Service property or other contaminated property and the Service deemed responsible for supervising the cleanup at such a site.

C6. SUBCONTRACTING

52.219-14 Limitations on Subcontracting (Mar 2020)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside for small business concerns or 8(a) participants.

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants.

(3) Orders set aside for small business concerns or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

(4) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(d) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraph (b)(1) and (2) of this clause—

[Contracting Officer check as appropriate.] _ By the end of the base term of the contract and then by the end of each subsequent option period; or _ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.

D1. PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information including, but not limited to, forms and reports to the CO or the COR, shall be paid by the Contractor.

D2. MARKING

All information submitted to the CO or COR, shall clearly indicate the Blanket Purchase Agreement (BPA) number of the Blanket Purchase Agreement (BPA).

SECTION D

PACKAGING AND MARKING

E1. CRITERIA FOR EVALUATIVE PERFORMANCE

A. If Government inspection reports indicate performance deficiencies, the CO or COR may require the

Contractor to explain, in writing, why performance was unacceptable, how performance will be returned to acceptable levels, and how recurrence of the problem(s) will be prevented in the future. The CO and/or COR will evaluate the Contractor's explanation.

B. At the sole election of the Government, and upon notification of the Contractor, the Contractor may be required to re- perform or perform late any or all defective work disclosed by Government inspection, including incomplete performance. Where the Government so elects, the Contractor shall be notified promptly after inspection that specified defective services must be re-performed or performed late, and completed within a reasonable time, as specified by the Government. In such cases, the Government shall re-inspect the work designated for re-performance or late performance, and the Contractor may be liable for any damages sustained by the Government including, for example, the costs associated with re-inspection. All re-performance by the Contractor will not be a reimbursable cost.

C. Re-performance, and the acceptance of re-performance (or late performance), will be determined by the CO or COR on an individual service work item basis.

D. The Government reserves the right to have any or all of the existing deficiencies corrected by other means.

The Contractor will have the full amount of the cost for having these deficiencies corrected deducted from their price on the BPA call invoice.

E. Payment may be withheld for failure to comply with any terms and conditions of the Blanket Purchase Agreement (BPA).

E2. WITHHOLDING MONIES FOR NON-SUBMISSION OF REPORTS

If the Contractor fails to prepare and/or submit acceptable reports as called for in Section C, Description/Specifications, within the required time frame, this may be construed to mean that the Blanket Purchase Agreement (BPA) work has not been performed and the Government will withhold all payments until the required reports are satisfactorily completed and/or submitted to the COR.

E3. SUSPENSION OF WORK

Deductions will not be taken for delays in delivery of services due to unanticipated closing of the building by the Government due to inclement weather, unanticipated holidays, failure of the Congress to appropriate funds, etc.

E4. ADDITIONAL REQUIREMENTS FOR INSPECTION OF SERVICES

Government inspections and tests are for the sole benefit of the Government and do not—

A. Relieve the Contractor of responsibility for providing adequate quality control measures, if appropriate;

B. Relieve the Contractor of responsibility for damage or loss of the material before acceptance;

C. Constitute or imply acceptance; or

D. Affect the continuing rights of the Government after acceptance of the completed work under paragraph 3.

below.

1. The presence or absence of a Government inspector does not relieve the Contractor from any Blanket Purchase Agreement (BPA) requirement, nor is the inspector authorized to change any term or condition

SECTION E

INSPECTION AND ACCEPTANCE

of the specification without the Contracting Officer’s written authorization.

2. The Contractor shall, without charge, replace or correct work found by the Government not to conform to

Blanket Purchase Agreement (BPA) requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in the Blanket Purchase Agreement (BPA) price. The Contractor shall promptly segregate and remove rejected material from the premises.

3. Unless otherwise specified in the Blanket Purchase Agreement (BPA), the Government shall accept, as promptly as practicable after completion and inspection, all work required by the Blanket Purchase Agreement (BPA) or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, or the Government’s rights under any warranty or guarantee.

4. The Government may charge the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test or when prior rejection makes reinspection or retest necessary.

E5. FAILURE TO PERFORM

A. If any of the services do not conform with the Blanket Purchase Agreement (BPA) requirements, the Government may require the Contractor to perform the services again in conformity with Blanket Purchase Agreement (BPA) requirements, at no increase in Blanket Purchase Agreement (BPA) amount. If the work remains deficient, the COR may have the work accomplished by other means and deduct the cost thereof from the payment. When the defects in services cannot be corrected by re-performance, the Government may--

1) Require the Contractor to take necessary action to ensure that future performance conforms to Blanket Purchase Agreement (BPA) requirements; and

2) Reduce the Blanket Purchase Agreement (BPA) price to reflect the reduced value of the services performed.

B. If the Contractor fails to promptly perform the services in conformity with the Blanket Purchase Agreement (BPA) requirements or to take the necessary action to ensure future performance in conformity with Blanket Purchase Agreement (BPA) requirements, the Government may--

1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

2) Terminate the Blanket Purchase Agreement (BPA) for cause.

F1. PLACE OF PERFORMANCE

The services to be provided under this Blanket Purchase Agreement (BPA) shall be accomplished at any government Nationwide.

F2. TERM OF BLANKET PURCHASE AGREEMENT (BPA)

After BPA award, the successful Contractor(s) will be given a written Notice to Proceed, and shall provide SPPCC Plan Development and appropriate A&E services for a one year period commencing on the day specified in the Notice to Proceed. Work under this Blanket Purchase Agreement (BPA) is expected to commence on or about September, 2021.

F3. OPTIONS

A. The Government shall have the unilateral option of extending the term of this Blanket Purchase Agreement (BPA) for 4 (four) consecutive additional periods of 1 year each. Refer to Federal Acquisition Regulations (FAR), FAR 52.217-9, Option to Extend the Term of the Contract (contained within your MAS contract).

B. The government may require continued performance of any services within the limits and at the rates specified herein. Refer to FAR 52.217-8, Option to Extend Services (contained within your MAS contract).

F4. RECOGNIZED HOLIDAYS

The Government recognizes the following holidays. Should a recognized holiday fall on a weekend, the alternate day designated by the Government shall be recognized as the holiday.

New Year’s Day Labor Day

Martin Luther King Jr. Day Columbus Day

President’s Day Veterans Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

F5. METHOD OF ORDER PLACEMENT

Placing Orders

The ordering office will give the Contractor written notice of the Government's requirement a minimum of one

(1) week in advance of the work. It is expected that the contractor will receive a notice to proceed significantly earlier than one (1) week.

F6. PROCESSING BPA CALLS

A. BPA calls may be considered for all Blanket Purchase Agreement (BPA) requirements such as survey, design, scope of work, performance time, payments, and otherwise, provided that the requirements are in accordance with the terms and conditions of this Blanket Purchase Agreement (BPA).

B. Each BPA call will reference the following:

1. Blanket Purchase Agreement (BPA) Number.

SECTION F

DELIVERIES AND PERFORMANCE

2. BPA call number.

3. Date of Order.

4. Place of Task or performance.

5. Scope of work.

6. Funding appropriation.

7. Start and Completion Date.

8. Government Point of Contact and Phone Number

C. No work will be performed under this Blanket Purchase Agreement (BPA) until a BPA call has been issued in accordance with the rules of this Blanket Purchase Agreement (BPA). For the purpose of this Blanket Purchase Agreement (BPA), a BPA call shall be deemed to be "issued" at the time the Government submits the BPA call to the Contractor via electronic mail.

D. The Government, due to expediency, may issue other written notice to proceed with work defined in the Menu Services, or work undefined therein but allowed under the provisions of the Blanket Purchase Agreement (BPA).

In such instances, the Contractor shall be required to submit, within five (5) calendar days, documentation required under the Blanket Purchase Agreement (BPA) to the Contracting Office/Ordering Official needed to determine a fair and reasonable price for the services. The Government will issue a BPA call, once final agreement is reached with the Contractor in accordance with the Blanket Purchase Agreement (BPA)’s provisions.

E. Orders of $4,000 or less may be processed using either direct pay procedures or the Government wide commercial purchase card.

F. Authority to place BPA calls are subject to regional delegations of authority. Individuals issuing BPA calls against this Blanket Purchase Agreement (BPA) must comply with the provisions set forth in the section on

DESIGNATIONS OF AUTHORITY.

G. Items of work not covered by this Blanket Purchase Agreement (BPA) may be negotiated by the COR, approved by the Contracting Officer and added to the schedule at any time during the Blanket Purchase Agreement (BPA) term with the mutual agreement of the Contractor and the FWS.

H. The Contractor's failure or refusal to accept BPA calls within the ordering limitations may constitute cause for termination if the order is being placed utilizing line items.

I. When the Contractor completes the work, he/she shall notify the Contracting Officer or the ordering official. A representative of the Contracting Officer will then inspect the work, measure the quantity of work accomplished, and verify that it meets the specification requirements.

F7. OBLIGATION

1. The Government is only obligated to the extent of BPA calls placed during the life of the Blanket Purchase Agreement (BPA). If the contractor receives and proceeds on work from a FWS associate that is not an authorized warranted FWS Contracting Officer or purchase card holder, they risk not getting paid for the work performed.

G1. ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INTERNET PROCESSING PLATFORM

(IPP) (APRIL 2013)

A. Payment request must be submitted electronically through the U.S. Department of the Treasury’s Invoice processing Platform (IPP) System. Payment request means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment Clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions Commercial items included in Commercial items contracts. The IPP website address is: httys://www.ipp.gov.

B. Under the contract, the following documents are required to be submitted as an attachment to the IPP invoice:

C. The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866)973-3131.

D. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Clause)

G2. EVALUATING CONTRACTOR PERFORMANCE

The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process. CPARS enables a comprehensive evaluation by capturing comments from both FWS and the contractor. The website for CPARS is http://www.cpars.gov.

Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions.

PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

CPARS Registration

Each award requiring an evaluation must be registered in CPARS. The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an email that contains user account information, as well as the applicable contract and order number(s) assigned.

Contractors will be granted one user account to access all evaluations.

CPARS Training

Contractors may sign up for CPARS training. A schedule of classes will be posted to the CPARS training site (http://www.cpars.gov/allapps/cpcbtdlf.htm) and updated as needed.

CPARS Role - Contractor Representative (CR)

SECTION G

BLANKET PURCHASE AGREEMENT (BPA) ADMINISTRATION DATA

mailto:ippgroup@bos.frb.org http://www.cpars.gov/ http://www.cpars.gov/allapps/cpcbtdlf.htm)

All evaluations will be sent the Contractor Representative (CR) named on your award. Access to CPARS will be granted to the CR after the award is registered in the system.

The CR will be able to access CPARS to review and comment on the evaluation. If your CR is not already in the CPARS system, the contracting officer will request the name and email address of the person that will be responsible for the CR role on your award.

Once an evaluation is ready to be released the CR will receive an email alerting them the evaluation is ready for their review and comment. The email will indicate the time frame the CR has to respond to the evaluation;

however, the CR may return the evaluation earlier than this date.

The contractor must promptly notify the Contracting Officer of any change in their CR to allow the update to be made in the system.

FWS shall provide for review at a level above the contracting officer (i.e., contracting director) to consider any disagreement between FWS and the contractor regarding FWS’s evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file.

G3. BLANKET PURCHASE AGREEMENT (BPA) Contracting Officer (CO)

The administering CO has the overall responsibility for administering this Blanket Purchase Agreement (BPA). He/she alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the Blanket Purchase Agreement (BPA) terms, conditions, requirements, specifications, details and delivery schedules; make final decisions on disputed deductions from Blanket Purchase Agreement (BPA) payments for nonperformance or unsatisfactory performance; terminate the Blanket Purchase Agreement (BPA) for convenience or default; and issue final decisions regarding Blanket Purchase Agreement (BPA) questions or matters under dispute. Additionally, he/she may delegate certain other responsibilities to his/her authorized representatives.

G4. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR is designated by the CO at time of BPA award and if necessary revised by letter during the Blanket Purchase Agreement (BPA) period to assist him/her in discharging his/her responsibilities. The responsibilities of the COR include, but are not limited to: Evaluating Contractor performance with the Government's representative at the work site; advising the Contractor of proposed deductions for nonperformance or unsatisfactory performance; compliance with Blanket Purchase Agreement (BPA) requirements insofar as the work is concerned; and advising the CO of any factors which may cause delay in work performance. The COR will assist in the discharge of the Contracting Officer’s responsibilities when the Contracting Officer is unable to be directly in touch with the Blanket Purchase Agreement (BPA) work.

G5. DESIGNATED ORDERING OFFICIALS

The Contractor shall provide services only as authorized by a FWS warranted Contracting Officer or a FWS purchase card holder. Ordering Officials may be added or deleted as personnel changes necessitate. The Contractor will be informed of such changes in writing. Any FWS Warranted Contracting Officer may issue written orders under this Blanket Purchase Agreement (BPA). Any FWS purchase card holders may place written orders in an amount less than $4,000 under this Blanket Purchase Agreement (BPA).

G6. FINAL PAYMENT UNDER BPA CALLS/TASK ORDERS

Upon submission of the final invoice for this Blanket Purchase Agreement (BPA), the Contractor is to submit to the Contracting Officer an executed release of claims for the contract, other than such claims as the contractor accepts. Describe and state the amount of each claim in the blank lines on FWS Form 1142 titled “Release of Claims.” If the Contractor does not have any claim(s), then “none” is to be stated in the blanks on the form.

H1. EMPLOYEES

A. Employees (General)

1. The Contractor shall have in his employ at all times a sufficient number of capable and qualified employees to enable him/her to properly, adequately, and economically provide services in a timely manner.

2. All matters pertaining to the employment, supervision, compensation, promotion, and discharge of such employees are the responsibility of the Contractor, which is in all respects, the employer of such employees.

3. The CO/COR may require dismissal from work of any employee who is identified as a potential threat to the health, safety, security, general well-being or operational mission of the facility and its population.

4. The BPA call team shall be fully staffed beginning the first day of work under each BPA call.

B. Supervision (General) A. The Contractor will ensure that all on-site work required by this Blanket Purchase Agreement (BPA) is satisfactorily supervised through a continuous presence of the Project Manager (PM) or his/her COR approved alternate. This continuous supervision will be provided by the Contractor to carry out the terms and conditions of this Blanket Purchase Agreement (BPA). In addition, supervisor(s) shall be available to effectively provide supervision, receive notices, reports, or requests from the COR. All supervisory employees must be able to read, write, and speak English. Government employees are not authorized to exercise either direct or indirect supervision over the Contractor’s employees.

B. A supervisor is a person(s) who is designated in writing by the Contractor, and who has authority to act for the Contractor on all matters relating to the daily operation of this Blanket Purchase Agreement (BPA) in the absence of the Contractor. The COR must also approve these individuals prior to their assuming the duties and responsibilities of the BPA.

C. All supervisory personnel shall possess at least 4 years of recent (within the past 5 years) experience in directing personnel responsible for developing SPCC Plans or other requested A&E services with the same characteristics as those listed in the Statement of Work. These qualification standards apply to both new and replacement supervisory personnel.

C. Project Manager

The Contractor shall provide a qualified Project Manager (PM) as chief of operations for this Blanket Purchase Agreement (BPA). A “Project Manager” is a person designated in writing by the Contractor who has complete authority to act for the Contractor during the term of the Blanket Purchase Agreement (BPA) and who is authorized to accept inspection reports and all other correspondence on behalf of the Contractor.

The “Project Manager” shall possess at least 4 years of recent (within the past 5 years) responsible experience in preparing SPCC Plans & other relevant A&E services.

SECTION H

SPECIAL BLANKET PURCHASE AGREEMENT (BPA) REQUIREMENTS

Any proposed changes to the contractor’s Project Manager during the term of the Blanket Purchase Agreement (BPA) must be sent to the Contracting Officer (CO) in writing for approval. The proposal shall include the Project Manager’s resume for comparison against required qualifications.

H2. RECORDING PRESENCE:

All contractor employees, including employees of any subcontractor performing work under this Blanket Purchase Agreement (BPA), may be required to sign in when entering a Service facility for the purpose of developing an SPCC Plan or other A&E work.

H3. STANDARDS OF CONDUCT

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking disciplinary action with respect to his employees as necessary. The Contractor is responsible for ensuring that his employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones, except as authorized. Each employee is expected to adhere to standards of behavior that reflect favorably on his or her employer and the Federal Government. No smoking is allowed in the building.

H4. REMOVAL FROM CONTRACT WORK

1. The Contracting Officer or a designated representative may require the Contractor to remove any employee(s) from FWS controlled buildings or other real property should it be determined that the individual(s) is either unsuitable for security reasons or otherwise unfit to work on FWS controlled property.

This shall include, but not be limited to, instances where an employee is determined, in the Government's sole discretion, to be incompetent, careless, insubordinate, unsuitable, or otherwise objectionable.

2. The CO or their designee will make all determinations regarding the removal of any contract employee

H.5. WORKING WITH OTHER CONTRACTORS

The Government may undertake or award other Blanket Purchase Agreement (BPA) s and/or contracts for additional work, and the Contractor shall fully cooperate with such other Contractors and Government employees and carefully fit his own work to such other additional work as may be directed by the COR.

The Contractor shall not commit or permit any act that will interfere with the performance of work by another Contractor, or by Government employees.

In any case where the fulfilling of the requirements of the Blanket Purchase Agreement (BPA), the Contractor disturbs any work guaranteed under another Blanket Purchase Agreement (BPA), they shall restore such disturbed work to a condition satisfactory to the COR and guarantee such restored work to the same extent as it was guaranteed under such other Blanket Purchase Agreement (BPA) s.

Everything done in accordance with the requirements of this provision shall be without additional expense to the Government.

H6. SAFEGUARDING INFORMATION

It shall be understood by the Contractor that disclosures of information relating to the work or services provided under this Blanket Purchase Agreement (BPA) requirement to any person not entitled to receive it, or failure to safeguard any classified information as defined in Executive Order Number 11652 that may come to the Contractor or any person under the Contractor’s control in connection with the work under this Blanket Purchase Agreement (BPA), may subject the Contractor, his agents or employees to criminal liability under Title 18, Section 793, 794, and 798 of the United States Code.

H7. ADDITIONAL REQUIREMENTS

Time of Delivery: The Contractor will be directed on the BPA call when to commence performance. The Contractor shall be obligated to provide complete services in accordance with the locations, dates, and times specified in the BPA call. Failure to provide the services within the time prescribed therein may result in termination of the Blanket Purchase Agreement (BPA) or individual BPA call for default. In the event an urgent need arises which provides the Contractor with less than the stated minimum notification period, the Government will so notify the Contractor and will request an accelerated delivery schedule. If the Contractor cannot meet the accelerated delivery schedule, the Government may obtain the services from another source.

I.1. Federal Supply Schedule (FSS) Blanket Purchase Agreement (BPA)

Your MAS contract clauses incorporated by reference and full text, as well as those listed below, are in full effect for this BPA and any resulting BPA Calls.

NOTE: This BPA and resulting BPA Calls are subject to the Service Contract Labor Standards. Below is language from the terms and conditions of MAS:

a. Service Contract Labor Standards: Applicable to this solicitation (Service Contract Labor Standards

52.222-41, and related clauses 52.222-17, 52.222-42, 52.222-43, 52.222-49, and 52.222-55)

i. (A) The Service Contract Labor Standards (SCLS), formerly known as the Service Contract Act

(SCA) applies to some nonprofessional services to be provided under this Schedule excluding pricing offered for services outside of the United States. The SCLS wage determinations applicable to this solicitation and resultant BPA(s) are located on the MAS roadmap. Some of the proposed labor categories may be subject to the SCLS (usually nonprofessional categories and fixed-price services).

As such, the quoter should verify that its proposed base rates and fringe benefit rates for these labor categories meet or exceed the SCLS wage determination rates and fringe benefits for the areas included in the geographic scope of the contract (i.e., nationwide); the quoter or will be required to comply with applicable SCLS wage determination locality rates and fringe benefits regardless of the price proposed and awarded on any resultant Schedule contract. The quoter may be required to submit supporting documentation for the proposed rates that will allow the contracting officer to conduct price analysis to determine that offered prices are fair and reasonable.

ii. (B) Schedule contractors must comply with the base rate and fringe benefit rate requirements of the

Prevailing SCLS Wage Determination (WD) Revision Number currently incorporated into the FWS Schedule contract. Task orders may not incorporate WDs different from those incorporated into the Schedule contract, as the order may then be in conflict with the Schedule contract terms and conditions. However, Schedule contractors shall comply with the WDs incorporated into the Schedule contract based on the rate applicable to the locality in which the work is to be performed, regardless of the pricing proposed and awarded on the contract. WDs based on collective bargaining agreements (CBAs) may be incorporated into a task order if the task order is found to be a successor contract as used in FAR Subpart 22.10; a CBA WD would be applicable only to the task order it is incorporated into and no other orders under that Schedule contract.

I.2. Clauses incorporated by Reference

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This BPA 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):

https://www.acquisition.gov/?q=browsefar or https://www.acquisition.gov/?q=browseFWSm

Federal Acquisition Regulation Clauses incorporated by reference:

52.203-12 Limitation on Payments to Influence Certain Federal Transactions 52.204-13 System for Award Management Maintenance

SECTION I

BLANKET PURCHASE AGREEMENT (BPA) CLAUSES

http://www.acquisition.gov/?q=browsegsam

52.217-2 Cancellation Under Multiyear Contracts 52.227-1 Authorization and Consent 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement 52.232-11 Extras 52.232-17 Interest 52.253-1Computer Generated Forms

Federal Acquisition Regulation Clauses incorporated by full text:

I3. 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)

(a) Definition. As used in this provision- Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203-

19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such…