191BWC23R0002.pdf

191BWC23R0002

ARCHITECT-ENGINEER CONTRACT

RATING 1. SOLICITATION NO.

191BWC23R0002

2. DATE OF SOLICITATION

02/01/2023

3a. NAME OF ARCHITECT-ENGINEER 3b. TELEPHONE NO. (Include Area Code)

Contact UEI:3c. ADDRESS OF ARCHITECT-ENGINEER (Include ZIP Code)

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4191 NORTH MESA ST

EL PASO, TX 79902-1441

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

Philip Johnson 4b. TELEPHONE

4c. EMAIL

Philip.Johnson@ibwc.gov

5. PROJECT TITLE AND LOCATION

Architect-Engineer Services Indefinite Delivery, Indefinite Quantity (IDIQ) Contract. Projects located along the U.S./Mexico border in the United States (States of Texas, New Mexico, Arizona, and California) and the Republic of Mexico (States of Tamaulipas, Nuevo Leon, Coahuila, Chihuahua, Sonora, and Baja California). Task orders may include work to be performed within Mexico for international projects.

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

This is a firm fixed price (FFP), multiple award, indefinite delivery, indefinite quantity (IDIQ), Architect-Engineering (A-E) services solicitation. Services shall be in accordance with the Statement of Work (reference Section C).

7. CONTRACT AMOUNT(Express in words and figures)

Zero and 00/100 USD $0.00

8. NEGOTIATION AUTHORITY

Per FAR 53.236-2(a). pending issuance of a new addition of the form, Block 8, Negotiation Authority, is deleted.

9. ADMINISTRATIVE, APPROPRIATION, AND ACCOUNTING DATA

Total Funded Amount:$0.00

AUTHORIZED FOR LOCAL REPRODUCTION

NSN 7540-01-152-8072

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 252 (REV. 10-83)

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

CGFS // CGFS

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:

See table of Contents on page 3

See Table of Contents.

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 NAME AND TITLES (Typed)

11. ARCHITECT-ENGINEER OR OTHER PROFESSIONAL SERVICES CONTRACTOR

A

B

C

D

12. THE UNITED STATES OF AMERICA

Contracting Officer

Philip Johnson

STANDARD FORM 252 (REV. 10-83) BACK

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs E Inspection and Acceptance

E.01 Time Required for Inspection and Acceptance E.02 Inspection and Acceptance

F Deliveries or Performance 52.242-14 Suspension of Work (Apr 1984) 52.247-34 F.o.b. Destination (Nov 1991) F.01 Place of Performance F.02 Contract Period of Performance F.03 Task Order Period of Performance F.04 Destination for F.O.B. Destination

G Contract Administration Data G.01 Contracting Officer G.02 Designation of Contracting Officer/Contract Administrator G.03 Contracting Officer Representative (COR) G.04 Payments G.05 Invoices G.06 Accounting and Appropriation Data

H Special Contract Requirements H.01 General Information H.02 Government-Contractor Relationships H.03 Control of Study and Analysis Reports H.04 Control of Information H.05 Notification to the Government of Delays H.06 Construction Contracts with Architect-Engineer Firms H.07 Minimum Guarantee H.08 Ordering Procedures - Request for Task Order Proposal H.09 Contract Close Out Procedures for Architect-Engineering (A-E) Services H.10 Task Order with Options

I Contract Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) 52.210-1 Market Research (Nov 2021) 52.215-2 Audit and Records-Negotiation (Jun 2020) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (Aug 2011) 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications (Jun 2020) 52.215-12 Subcontractor Certified Cost or Pricing Data (Jun 2020) 52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications (Jun 2020) 52.215-15 Pension Adjustments and Asset Reversions (Oct 2010) 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions (July 2005) 52.215-19 Notification of Ownership Changes (Oct 1997)

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications (Nov 2021) 52.219-8 Utilization of Small Business Concerns (Oct 2022) 52.219-9 Small Business Subcontracting Plan (Oct 2022) 52.219-16 Liquidated Damages-Subcontracting Plan (Sep 2021) 52.222-3 Convict Labor (June 2003) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sept 2016) 52.222-29 Notification of Visa Denial (Apr 2015) 52.222-37 Employment Reports on Veterans (Jun 2020) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) 52.222-50 Combating Trafficking in Persons (Nov 2021) 52.222-54 Employment Eligibility Verification (May 2022) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 Drug-Free Workplace (May 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000) 52.227-1 Authorization and Consent (Jun 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020) 52.227-17 Rights in Data - Special Works (Dec 2007) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.229-6 Taxes-Foreign Fixed-Price Contracts (Feb 2013) 52.230-3 Disclosure and Consistency of Cost Accounting Practices (Jun 2020) 52.230-6 Administration of Cost Accounting Standards (June 2010) 52.232-10 Payments under Fixed-Price Architect-Engineer Contracts (Apr 2010) 52.232-17 Interest (May 2014) 52.232-18 Availability of Funds (Apr 1984) 52.232-23 Assignment of Claims (May 2014) 52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts (Jan 2017) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.233-1 Disputes (May 2014) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-25 Requirements for Registration of Designers (June 2003) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.242-13 Bankruptcy (July 1995) 52.243-1 Alt III Changes - Fixed-Price (Aug 1987) - Alternate III (Apr 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Oct 2022) 52.248-2 Value Engineering-Architect-Engineer (Mar 1990) 52.249-7 Termination (Fixed-Price Architect-Engineer) (Apr 1984) 52.203-14 Display of Hotline Poster(s) (Nov 2021) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.219-28 Post-Award Small Business Program Rerepresentation (Oct 2022) 52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 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)

J List of Attachments

J.01 List of Attachments K Representations, Certifications, and Other Statements of Offerors or Respondents

52.204-8 Annual Representations and Certifications (May 2022) L Instructions, Conditions, and Notices to Offerors and Respondents

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.204-7 System for Award Management (Oct 2018) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Nov 2021) 52.216-27 Single or Multiple Awards (Oct 1995) 52.216-1 Type of Contract (Apr 1984) 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999) 52.233-2 Service of Protest (Sept 2006) L.01 Contractor's Contract Administrator

M Evaluation Factors for Award

Line Item Summary

Solicitation Number:

191BWC23R0002

Contract Number: Title: IDIQ A E Service 5 Years FY23 Date of Solicitation:

02/01/2023

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 IBWC Statement of Work Indefinite Delivery, Indefinite Quantity, (IDIQ) A E Services 1 IDIQ Contract for Vendor Selection

1900 2023 19___310690000 3092 IBWC 309298

3722 2591 Type of Contract Pricing: FFP

Doc Ref No: 20232042001 Delivery Date FOB:

1.00 EA

Section E - Inspection and Acceptance

E.01 - Time Required for Inspection and Acceptance

The time required by the Government for inspection and acceptance, of each deliverable/submittal shall be in accordance with the Statement of Work and defined schedule for each Task Order. Method of preparation, to include quantity and schedule of delivery, for each deliverable/submittal shall be in accordance with the Statement of Work and defined schedule for each Task Order.

E.02 - Inspection and Acceptance

a. Inspection. Inspection of all deliverable/submittal items will be by the appointed Contracting Officer’s Representative or Contracting Officer as set forth in this Contract and individual Task Order.

b. Acceptance. Acceptance will be by the appointed Contracting Officer Representative (COR) or Contracting Officer (CO) based upon conformance to the requirements set forth in this Contract and individual Task Order.

Section F - Deliveries or Performance

52.242-14 - Suspension of Work (Apr 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed--

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of clause)

52.247-34 - F.o.b. Destination (Nov 1991)

(a) The term "f.o.b. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight."

When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall-- (1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of clause)

F.01 - Place of Performance

The required projects shall be performed along the U.S./Mexico border in the United States (States of Texas, New Mexico, Arizona, and California) and the Republic of Mexico (States of Tamaulipas, Nuevo Leon, Coahuila, Chihuahua, Sonora, and Baja California).

Task orders may include work to be performed within Mexico for international projects.

F.02 - Contract Period of Performance

Five (5) year ordering period.

F.03 - Task Order Period of Performance

The period of performance for each individual Task Order shall be identified in each individual Task Order.

F.04 - Destination for F.O.B. Destination

The destination for F.O.B. Destination shall be specified in each individual Task Order.

Section G - Contract Administration Data

G.01 - Contracting Officer

“Contracting Officer” means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representation of the Contracting Officer within the limits of their authority as delegated by the Contracting Officer.

In no event, shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the Contractor be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer.

The Contractor is hereby put on notice that in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of the work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.

G.02 - Designation of Contracting Officer/Contract Administrator

The Contracting Officer and/or Contract Administrator for this contract is:

Name: Philip Johnson Address: International Boundary and Water Commission (IBWC) 4191 N Mesa St.

El Paso, TX 79902 Telephone: 915-832-4121 Email: Philip.Johnson@ibwc.gov

G.03 - Contracting Officer Representative (COR)

The Contracting Officer shall designate a technical representative to act for the Contracting Officer during the contract period. The Contracting Officer’s Representative (COR) will act for the Contracting Officer only in technical matters and will not be authorized to commit the Government on any contract terms, conditions, or changes in unit price, total price, quantity, or delivery schedule. Any changes to the contract in unit price, total contract price, quantity, quality, or delivery schedule will be made only by the Contracting Officer by executed modification to the contract.

The Contracting Officer’s Representative will be appointed in writing after contract award.

G.04 - Payments

Payment will be made against individual Task Orders and in accordance with Contract Clause 52.232-10 Payments under Fixed- Price Architect-Engineer Contracts. The invoicing schedule for each individual Task Order will be negotiated and set forth in each individual Task Order.

G.05 - Invoices

Original invoices shall be submitted to the address identified on individual Task Orders.

G.06 - Accounting and Appropriation Data

No funds are obligated by the basic contract. Funds will be obligated, as required, upon issuance of individual Task Orders.

Section H - Special Contract Requirements

H.01 - General Information

This Contract is a firm fixed price (FFP) indefinite delivery, indefinite quantity (IDIQ) multiple award contract for architect-engineering (A-E) services. Performance of services shall be made as authorized by this Contract, modifications hereto, and through execution of individual Task Orders against this Contract by the Contracting Officer.

H.02 - Government-Contractor Relationships

(a) The Government and the Contractor understand and agree that the services to be delivered under this Contract are non-personalservices and the parties recognize and agree that no employer-employee or master-servant relationships exist or will exist under this Contract between the Government and the Contractor's employees. It is, therefore, in the best interest of the government to afford the parties a full and complete understanding of their respective obligations.

(1) Contractor personnel under this contract shall not:

(i) Be placed in a position where they are appointed or employed by a federal officer, or are under the supervision, direction, or evaluation of a federal officer, military or civilian;

(ii) Be placed in a position of command, supervision, administration or control over U.S. Section, International Boundary and Water Commission (USIBWC) personnel, or personnel of other contractors, or become a part of the government operation; and (ii) Be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations of the USIBWC or other applicable federal agencies;

(2) Employee relationship:

(i) The services to be performed under this Contract do not require the Contractor or its employees to exercise personal judgment and discretion on behalf of the government, but rather, the Contractor's employees will act and exercise personal judgment and discretion on behalf of the Contractor.

(b) Rules, regulations, directions, and requirements which are issued by the USIBWC authorities under their responsibility for good order and administration are applicable to all personnel. This is not to be construed or interpreted to establish any degree of government control which is inconsistent with a non-personal services contract.

H.03 - Control of Study and Analysis Reports

All studies or reports that are produced as a result of this Contract and individual Task Orders shall not be released outside the USIBWC until final approval or official review of the study is accomplished. Accordingly, the Contractor shall affix to the cover of all interim, draft, and final reports the following disclaimer: “The views, opinions, and findings contained in this report are those of the author(s) and shall not be construed as an official USIBWC position, policy, or decision, unless designated by other documentation.”

Distribution of studies or reports in any stage of development or completion to other than the addressee as identified in each individual Task Order shall not be made without the study/report sponsor’s approval. The Contractor shall submit any request for distribution other to the addressee as identified in each individual Task Order to the Contracting Officer.

H.04 - Control of Information

The Contractor shall not duplicate or distribute in any form or manner any material generated during the performance of this Contract and individual Task Order; no public release is authorized without the express written consent of the Contracting Officer. The Contractor shall not incorporate into this project any instructions received either orally or in writing from other Government agencies without prior written approval for the USIBWC Contracting Officer.

H.05 - Notification to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or anticipates difficulty in complying with the delivery schedule or dates, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of individual Task Orders, the Contractor shall immediately notify the Contracting Officer and the Contracting Officer’s Representative in writing, giving pertinent details. NOTE: this data shall not be construed as a waiver by the Government of any delivery schedule or dates or of any rights or remedies provided by law or under this Contract.

H.06 - Construction Contracts with Architect-Engineer Firms

In accordance with FAR 36.209, no contract for the construction of a project shall be awarded to the firm that designed the project or its subsidiaries or affiliates, except with the approval of the head of the agency or authorized representative.

H.07 - Minimum Guarantee

This is an indefinite delivery, indefinite quantity (IDIQ) contract. The contract requires the Government to order and the Contractor to furnish at least a stated minimum. In addition, if ordered, the Contractor must furnish any additional services, not to exceed the stated maximum.

The Contractor is guaranteed a minimum of $2,500 per year of the five-year ordering period if the Contractor does not receive a Task Order for that Contract year, June 30 through 29 June. If the Contractor declines to respond to a Request for Task Order Proposal that is within the minimum and maximum order limitations as identified in Contract Clause 52.216-19 Order Limitations, the Contractor is not eligible to receive the guaranteed minimum of $2,500.00 for the applicable Contract period of performance.

H.08 - Ordering Procedures - Request for Task Order Proposal

(a) General – the issuance procedures shall be in accordance with FAR 16.505, FAR Subpart 36.6 and those stated herein:

(1) Work under this Contract will be ordered by written Task Order on Option Form (OF) 347, Order for Supplies or Services, to the Contractor by the Contracting Officer. Any IBWC Contracting Officer is authorized to award a Task Order under this IDIQ.

(2) Each award will cite the Contract Number and Task Order Number.

(3) The Government will not be obligated to reimburse the Contractor for work performed, items delivered, or any costs incurred, nor shall the Contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by an executed Task Order from the Contracting Officer.

(4) The Contractor is not guaranteed issuance of any Task Orders above the minimum guarantee as identified in Section I of this Contract.

(5) Task Orders will be firm fixed price.

(6) Each Task Order will include as a minimum:

(i) Date of Order

(ii) Contract Number and Task Order Number

(iii) Statement of Work

(iv) Delivery or Performance Schedule

(v) Place of Delivery or Performance

(vi) Any Packaging, Packing, and Shipping Instructions

(vii) Accounting and Appropriation Date

(viii) Price

(ix) Place and Manner of Inspection and Acceptance

(x) Any Government Furnished Property, Material, or Facilities

(xi) Appropriate Wage Determination for Services Contract Act covered employees

(xii) Any Other Pertinent Information Required for Performance

(7) Task Orders will be based on the Government developed Statement of Work.

(8) Task Order may only be modified by an IBWC Contracting Officer.

(9) Modifications to Task Orders will be issued on Standard Form (SF) 30, Amendment of Solicitation/Modification of Contract, and will cite the Task Order and Contract Number.

(10) The Contractor shall contact the Contracting Officer within two (2) calendar days of notification of the Request for Task Order Proposal if the Contractor cannot submit a proposal on the Task Order.

(b) Task Order Awards

(1) Request for Task Order Proposal is limited to the A-E IDIQ Multiple Award Contractors. Contractors shall be provided with fair opportunity to be considered for each Task Order.

(2) Task Orders will be evaluated in accordance with FAR SUBPART 36.6. Task Orders shall be evaluated based on the demonstrated competency and qualifications to perform the services at a fair and reasonable price. The evaluation will be based on the following: (1) professional qualifications necessary for satisfactory performance of required services; (2) specialized experience and technical competence in the type of work required; (3) capacity to accomplish the work in the required time; (4) past performance on contracts with the Government agencies and private industry in terms of cost control, quality of work, and compliance with performance schedules; (5) location in the general geographical area of the project and knowledge of the locality of the project; and

(6) acceptability under other appropriate evaluation criteria (as defined in the Request for Task Order Proposal).

(3) If a Contractor is determined to be the most highly qualified firm, and receives award of a Task Order, a logical follow-on Task Order may be issued to that Contractor, provided that all awardees were given a fair opportunity to be considered for the Original Task Order.

(4) The basis for award will be specified in the Request for Task Order Proposal. The Contracting Officer’s decision as to the selection for award of the Task Order is not subject to protest unless the protest is on the grounds that the order increases the scope, period, or maximum value of the contract (reference FAR 16.505 Ordering)

(5) No Contractor may be awarded a Task Order for Construction to include Construction Management if the Contractor designed the project.

(c) Requirement for Proposals

(1) The Government will make a written request for a Task Order proposal. Proposals shall be submitted in writing.

(2) Proposal shall address the evaluation criteria as established in the Request for Task Order Proposal.

(d) Selection

(1) The Contracting Officer will be the final selection authority at the Task Order level.

(e) Request for Task Order Proposal Requirements

(1) Request - the Contracting Officer will furnish all A-E IDIQ Contractors with a written Request for Task Order Proposal. The request will include:

(i) Task Order Statement of Work

(ii) Anticipated performance period and critical milestones

(iii) Place and manner of inspection and acceptance

(iv) Any other pertinent information (i.e. for the design of a facility, a list of area where recovered materials cannot be used in the facilities construction);

(2) Proposal - the Contractor shall, within the time specified in the RFP, provide an original and one (1) copy to the Contracting Officer. If electronic submission via email is authorized then the Contractor shall only submit one (1) copy. Proposals shall be submitted in two separate volumes. Volume I shall address the Contractor’s Qualifications & Technical Understanding and Volume II shall address the Contractor’s Proposed Price for the Task Order. (This Volume II shall be provided in an electronic format and encrypted or password protected. The password/encryption key will NOT be provided to IBWC until it is requested by the CO after a determination of the most highly qualified has been made in accordance with Subpart 36.6. Only the most highly qualified firm will be asked to provide the password/encryption key in order to begin negotiations.)

Volume I shall at the minimum address:

(i) Qualifications/Evaluation Criteria;

(ii) Technical Understanding;

(iii) Proposal schedule for completing the Task Order; and

(iv) Other information requested in the Request for Task Order Proposal.

Volume II shall at a minimum address:

(i) Detailed cost/price proposal in accordance with the instructions set forth in the RFP and if applicable, FAR 15.403-5 and Table 15-2. Task Orders shall be Firm Fixed Price (FFP);

(ii) Rational for the proposed price.

(3) Negotiations - upon selection of the most highly qualified Contractor the CO will request the password/encryption key from the most highly qualified Contractor and send only the most highly qualified Contractor’s Volume II to the evaluation team for review. After the evaluation team completes a cost analysis of that Contractor’s Volume II, the CO will begin negotiation of a fair and reasonable price. If a fair and reasonable price cannot be negotiated, then the IBWC may begin negotiation with the next qualified firm. If the original proposed price is considered to be fair and reasonable then the Government is not obligated to conduct negotiations.

(4) Award - upon completion of this process, the Contracting Officer shall execute a Task Order on an OF-347 and forward it to the successful Contractor electronically. Only upon receipt of an executed Task Order, signed by the Contracting Officer, shall the Contractor commence work. Unsuccessful Offerors will be notified.

(5) Multiple Task Orders - due to scheduling needs the Contracting Officer may have multiple Task Orders under way simultaneously. Under such situations, the Contractor must still complete all orders within the allowed schedule. The Government reserves the right to direct the Contractor to work on Task Orders of higher priority. In such cases, time extensions will be granted for completion of Task Orders that have been delayed because of Government action.

H.09 - Contract Close Out Procedures for Architect-Engineering (A-E) Services

Close-Out Process The following are items required prior to Final Payment on individual Task Orders:

COR:

1) Performance Evaluation for Architect-Engineering Services (Reference FAR Clause 42.15)

2) COR Certificate of Contract Completion Contractor:

1) Release of Claims Contracting Officer:

1) Certificate of Contract Completion (GSA Form 218)

2) Contracting Officer’s Close-out Statement

3) Close-Out Checklist

H.10 - Task Order with Options

(a) The Contracting Officer may issue Task Orders that include options under the following conditions:

(1) The services being acquired are highly unique or specialized;

(2) The efforts to be performed are so integrally related that only a single contractor can reasonably perform the work; or

(3) Foreseeable additional effort fits the criteria of FAR 16.505(b)(2)(i)(C) as a logical follow-on.

(b) If the Task Order is awarded under multiple award contracts, only those Task Orders for whick all awardes were given a fair oportunity to be considered shall include options. For purposes of FAR 52.216-19(b), the base award and each option are seperate orders.

(c) Prior to exercising an option on a Task Order, the Government will ensure that the Contract has adequate quantities and period of performance. The Contractor shall not begin performance on requirements in the Task Order option until the Government has exercised the option on the Task Order and, if necessary, the option on the Contract.

(d) Award of the Task Order with an option is subject to the conditions of the conditions of this Contract and FAR 52.217-5, Evaluation of Options.

Section I - Contract Clauses

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):

https://www.acquisition.gov/browse/index/far [Insert one or more Internet addresses] (End of clause) Clause Title Fill-ins

52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights (Jun 2020)

Clause Title Fill-ins

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May

2011)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun

2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Nov 2021)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018)

52.210-1 Market Research (Nov 2021)

52.215-2 Audit and Records-Negotiation (Jun 2020)

52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997)

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (Aug 2011)

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications

(Jun 2020)

52.215-12 Subcontractor Certified Cost or Pricing Data (Jun 2020)

52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications (Jun 2020)

52.215-15 Pension Adjustments and Asset Reversions (Oct 2010)

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions (July 2005)

52.215-19 Notification of Ownership Changes (Oct 1997)

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data-Modifications (Nov 2021)

52.219-8 Utilization of Small Business Concerns (Oct 2022)

52.219-9 Small Business Subcontracting Plan (Oct 2022)

52.219-16 Liquidated Damages-Subcontracting Plan (Sep 2021)

52.222-3 Convict Labor (June 2003)

Clause Title Fill-ins

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sept 2016)

52.222-29 Notification of Visa Denial (Apr 2015)

52.222-37 Employment Reports on Veterans (Jun 2020)

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018)

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (May 2014)

52.222-50 Combating Trafficking in Persons (Nov 2021)

52.222-54 Employment Eligibility Verification (May 2022)

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan

2022)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.223-6 Drug-Free Workplace (May 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020)

52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021)

52.225-14 Inconsistency Between English Version and Translation of Contract (Feb

2000)

52.227-1 Authorization and Consent (Jun 2020)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun

2020)

52.227-17 Rights in Data - Special Works (Dec 2007)

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

52.229-3 Federal, State and Local Taxes (Feb 2013)

52.229-6 Taxes-Foreign Fixed-Price Contracts (Feb 2013)

52.230-3 Disclosure and Consistency of Cost Accounting Practices (Jun 2020)

52.230-6 Administration of Cost Accounting Standards (June 2010)

52.232-10 Payments under Fixed-Price Architect-Engineer Contracts (Apr 2010)

52.232-17 Interest (May 2014)

Clause Title Fill-ins

52.232-18 Availability of Funds (Apr 1984)

52.232-23 Assignment of Claims (May 2014)

52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts (Jan 2017)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct

2018)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov

2021)

52.233-1 Disputes (May 2014)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.236-25 Requirements for Registration of Designers (June 2003)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

52.242-13 Bankruptcy (July 1995)

52.243-1 Alt III Changes - Fixed-Price (Aug 1987) - Alternate III (Apr 1984)

52.244-6 Subcontracts for Commercial Products and Commercial Services (Oct 2022)

52.248-2 Value Engineering-Architect-Engineer (Mar 1990)

52.249-7 Termination (Fixed-Price Architect-Engineer) (Apr 1984)

52.203-14 - Display of Hotline Poster(s) (Nov 2021)

(a) Definition.

"United States," as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from DHS OIG Hotline Poster http://www.oig.dhs.gov/assets/Hotline/DHS_OIG_Hotline-optimizez.jpg

(Contracting Officer shall insert- (i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract--

(1) Is for the acquisition of a commercial product or commercial service; or

(2) Is performed entirely outside the United States.

(End of clause)

52.216-18 - Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 August 2023 through 31 July 2028 [insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 - Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500,000 [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $3,000,000 [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of $3,000,000 [insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 - Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 01/29/2029 [insert date].

(End of clause)

52.217-8 - Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days. [insert the period of time within which the Contracting Officer may exercise the option].

(End of clause)

52.219-28 - Post-Award Small Business Program Rerepresentation (Oct 2022)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, 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) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition--

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and

(c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a…