Solicitation_A15064_(Infrastructure).pdf

A15064

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 35

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

15PR-TDP-038606/15/2015

X

1-IRS NON-IT (OTPS)

IRS non-IT (OTPA) Internal Revenue Serivce 6009 Oxon Hill Rd Suite 500 Oxon Hill MD

1400 ET 07/14/2015

DAVID I GILL

DAVID.I.GILL@IRS.GOV

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

DAVID I. GILL

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

1-2

4-8 12-13 14-20

21-29

32-34

YBYLB

Typewritten Text

YBYLB

Typewritten Text 613 5468

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 35

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

A15064

(A) (B) (C) (D) (E) (F)

Invoice Approver/COR: PEABODY, KARIN

Delivery: 03/16/2015

Delivery Location Code: TDP-DO

TDP-DO

1500 PENNSYLVANIA AVENUE, NW

WASHINGTON DC 20220 US

FOB: Destination

0001 Infrastructure Study - Report on the Most

Significant, Proposed U.S. Infrastructure

Projects.

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

Solicitation 15PR-TDP-0386/A15064 – Infrastructure Report OMB Paperwork Reduction Act Control No. 1505-0081 (Offeror submissions)

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 GENERAL INFORMATION

The contractor shall perform the work specified in the Performance Work Statement (Section C) and be paid after submitting proper invoices in accordance with Section G.

The use of performance based payments consistent with Federal Acquisition Regulation (FAR) Clause 52.232-32 is contemplated. Payments will be made to the contractor upon the accomplishment of the milestones identified in this section. Per FAR 32.1005 performance based payments are consistent with the use of the firm fixed price contract type.

B.2 PERIOD OF PERFORMANCE

It is anticipated that work will be completed within six (6) months of contract award.

B.3 MILESTONE PAYMENT SCHEDULE

Task / Milestone Payment Upon Completion of Task / Milestone

Milestone 1: Early Draft Analysis

Identification of approximately half of the total list of economically significant infrastructure projects with at least partial supporting analysis

Contractor to Propose

Milestone 2: Draft Full Report

Identification of complete list of economically significant infrastructure projects with full supporting analysis

Milestone 3: Final Report

Delivery of final version of Report that addresses all Performance Work Statement Requirements.

TOTAL PRICE FOR EVALUATION Contractor to

Note: For purposes of evaluation and contract administration the total price in Section B will not be adjusted if the Government executes a short-term contract performance period extension (without changing the scope of work). This means the Government will be able to extend the length of the contract, at no additional cost, consistent with FAR Clause 52.217-8 – Option to Extend Services.

SECTION C – PERFORMANCE WORK STATEMENT

Submitted By: U.S. Department of the Treasury

Report – The Most Significant, Proposed U.S. Infrastructure Projects

C.1 Introduction/Overview

To better understand what we as a nation can do to promote a stronger economic future, this contract effort seeks to procure an independent report (the “Report”) that identifies the most significant transportation and water/wastewater infrastructure projects under consideration across the country based on their potential net economic impact. The list will include proposed projects that are not moving forward for reasons such as lack of funding or consensus.

By understanding and highlighting the projected net economic benefits of specific projects not yet underway, policymakers, investors, and the broader public will gain a clearer picture of how these projects may positively affect local and regional economies, promoting a more informed debate as federal, state, and local lawmakers and officials consider if and how these projects should proceed. Understanding the details of specific projects will also help Treasury and the Administration analyze and address any impediments that may be holding back needed infrastructure investment.

C.2 Background

The intention to procure the Report was publicly announced by Secretary Lew in his formal remarks at the Infrastructure Investment Summit, which was co-hosted by the U.S.

Department of the Treasury and the U.S. Department of Transportation on September 9th, 2014 at the Main Treasury Building.

Treasury developed the idea for the Report after concluding that a lack of project-specific information may be hindering greater investment in infrastructure. Identifying the particular projects with the greatest projected net economic benefits will not only call attention to their value, but also underscore the idea that infrastructure can be a worthwhile, long-term investment with real benefits to local and regional economies, rather than wasteful spending or a tool to only create short-term jobs.

The procurement of the Report is being pursued as part of the broader Build America Investment Initiative (the “Initiative”), a government-wide effort to increase infrastructure investment and economic growth, which was announced by President Obama on July 17, 2014. Secretary Lew is the co-chair of the Build America Interagency Working Group (the “Working Group”), a part of the Initiative that was formed to expand and increase private investment and collaboration in various infrastructure asset classes, and includes a focus on improving coordination to accelerate financing and completion of projects of regional and national significance.

After the Report is completed and submitted to Treasury, it will be delivered by Treasury to the Working Group.

C.3 Scope

Under the contract, Treasury and the Working Group expects to identify the most significant transportation and water/wastewater infrastructure projects under consideration across the country based on their potential net economic impact (i.e. economic benefits less the cost of development and operations).

Transportation projects shall include, but not be limited to, highways (including bridges and tunnels), transit systems, railways, waterways, seaports, and airports.

Water/wastewater projects shall include, but not be limited to, drinking water systems, wastewater treatment facilities, levees, dams, aqueducts, and reservoirs, as well as those relating to nonpoint source pollution control, watershed and estuary management, brackish or sea water desalination, managed aquifer recharge, and water recycling.

Identified projects must generally be practical in nature and potentially feasible from the standpoint of demand, engineering/construction, permits/approvals, and overall cost, and will ideally have been proposed or considered by a federal, state, or local government body or authority.

The total number of projects to be identified in the Report will be targeted at 50, but may be expanded or reduced based on timing and feasibility. The list of projects should be located across the nation’s four major geographical regions (Northeast, South, Midwest, and West) to ensure that it is national in scope and broadly representative of the entire country.

At least 10 percent of the total number of projects to be identified must be water/wastewater projects.

Metrics for measuring the significance of a proposed project may include, but are not limited to, one or more of the following: projected monetized benefits/savings less costs on a present value basis, expected impacts on regional or national economic activity, reductions in travel time, growth in long-term employment, and lives saved; where appropriate, risk assessments may be included as part of projected costs and benefits. The specific metrics for measuring a proposed project’s impact will be as stated in the offeror’s proposal, and the Report shall reflect the offeror’s independent judgment in applying the established metrics to proposed infrastructure projects.

The Report is not expected to include a comprehensive analysis of non-economic issues or factors pertaining to each project.

C.4 Tasks

The contractor shall produce the Report, which will identify the most significant transportation and water/wastewater infrastructure projects under consideration across the country based on their potential net economic impact.

The Report shall contain for each identified project an analysis detailing why it was chosen (including a description of its costs and benefits), background on its history and purpose, potential sources of funds, and existing impediments to its commencement or completion, which may include, but not be limited to, those relating to funding or the granting of permits/approvals.

The Report shall provide details on the methodology used to calculate the potential net economic impact for the list of proposed projects, potentially in an introduction or appendix.

The Report shall incorporate high-quality graphics and photographs, as appropriate, befitting a professional presentation.

The Report shall clearly state the contractor’s role as the sole author of the Report, and Treasury’s role as that of procurer and financial sponsor.

C.5 Delivery

The contractor shall deliver a finalized hard copy and soft copy (PDF) version of the report to Treasury no later than six (6) months after the date of the contract award, notwithstanding that the ability to complete the report in a period less than six months would be viewed more favorably in the evaluation of bids, and an earlier delivery date may be mutually agreed upon before the contract is awarded.

Treasury’s acceptance of delivery shall be contingent on its assessment of the contractor’s work requirements outlined in section 5.

C.6 Place of Performance

The contract shall be performed at the contractor’s facility.

C.7 Period of Performance

The period of performance shall take place within the six (6) month period after the date of the contract award.

C.8 Government Furnished Property

Not applicable

C.9 Quality Assurance Surveillance Plan (QASP)

The contractor shall hold conference calls with Treasury at least once every two weeks to inform Treasury of ongoing progress in completing the Report, including, but not limited to, identifying projects, analyzing the net economic impact of projects, and delivering a finalized product.

Before the Report is finalized, the contractor shall allow Treasury to review the draft report. Treasury’s review will include, but not be limited to, the following:

- Reviewing whether the identified projects consist of proposed U.S.

transportation and water/wastewater infrastructure projects that are not yet moving forward.

- Reviewing whether the identified projects are appropriately located across the nation’s four major geographical regions, and whether the set of identified projects includes the prescribed number of water/wastewater projects.

- Reviewing whether the layout, presentation, and level of detail best convey the information presented in the report (Treasury will not review the contractor’s judgment in including or excluding specific projects in the report).

C.10 Key Personnel Element

The lead personnel involved in producing the Report shall have the following:

- Bachelor’s degree and/or graduate degrees in economics, business administration, finance, urban planning, engineering or related fields

- Experience analyzing the economic costs and benefits associated with specific transportation and water/wastewater infrastructure projects, including how such projects are impacted by engineering/construction and financial feasibility.

In producing the Report, the contractor shall ensure that the same lead personnel be used throughout the entire process. In the event that specific lead personnel cease to be employed by contractor prior to the delivery of the Report, Treasury reserves the right to verify the qualifications of any proposed replacement personnel and, to the extent that Treasury finds such qualifications lacking, request the contractor to provide alternate replacement personnel.

SECTION D: PACKAGING AND MARKING

D.1 PACKAGING AND MARKING OF REPORTS

The contractor shall prominently display on the cover of each report the following information:

(1) Name and business address of contractor

(2) Contract number

(3) Identification of cognizant Treasury officials.

SECTION E: INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

The following Contract Clauses have been incorporated by reference. These contract clauses have the same force and effect as if they were published in full text. Upon request, the Contracting Officer will make their full text available.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Number Title Date_______________

52.246-9 Inspection of Services AUG 1996

- Fixed Price

E.2 INSPECTION AND ACCEPTANCE

The Contracting Officer’s Representative (COR) — (See Section G.1(b)), is designated as the point of final inspection by the Government of all Work, performance, reports and other deliverables required by the contract. The Contracting Officer reserves the right to change the COR or to appoint alternate COR(s) as needed. Such changes or new appointments should be made by modifications to the contract.

All deliverables submitted to the CO or the COR shall clearly indicate the contract number, contractor’s name, description of items contained therein and consignee’s name and address for which the information is being submitted.

SECTION F: DELIVERIES AND PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE

The following Contract Clauses have been incorporated by reference. These contract clauses have the same force and effect as if they were published in full text. Upon request, the Contracting Officer will make their full text available.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Number Title Date_______________

52.242-17 Government Delay of Work APR 1984

F.2 TERM OF THE CONTRACT

The contract period of performance is specific in Section B.

F.3 PLACE OF PERFORMANCE

Work shall be done principally at the contractor’s facility and/or at locations specified in the proposal. Meetings in Washington, DC may be directed by the COR. Note that access to the 1500 Pennsylvania Ave facility (Main Treasury) requires personnel information to be provided for a security check by the U.S. Secret Service.

F.4 DELIVERABLES

All deliverables shall be in accordance with the Sections B and C, and shall be submitted to the attention of the Contracting Officer’s Representative and Program Manager.

F.5 TRAVEL

Travel must be pre-approved by the COR and shall not exceed the amount(s) authorized in this contract. Travel charges shall not exceed allowable amounts per this contract and/or the Federal Travel Regulations. Travel will not be separately priced. Any travel shall be built into Section B pricing.

SECTION G: CONTRACT ADMINISTRATION DATA

CONTRACT ADMINISTRATION TERMS AND CONDITIONS

G.1 AUTHORITY – CONTRACTING OFFICER AND CONTRACTOR’S PROJECT

MANAGER

Contracting Officer

a. The Contracting Officer for this action is:

DAVID GILL, IRS, OS:A:P:T

Telephone: 240-613-5468 E-Mail: David.I.Gill@irs.gov

The Contracting Officer, in accordance with Subpart 1.6 of the Federal Acquisition Regulation, is the only person authorized to make or approve any changes in any of the requirements of this contract, and notwithstanding any clauses contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

Contractor Project Manager

b. The Contractor’s designated Project Manager for this contract is:

TBD

The Contractor shall provide a Project Manager for this contract who shall have the authority to make any no-cost technical, hiring, and dismissal decisions, or special arrangement regarding this contract. The Project Manager shall be responsible for the overall management and coordination of this contract and shall at as the central point of contact with the Government. The Project Manager shall have full authority to act for the Contractor in the performance of the required services. The Project Manager, or a designated representative, shall meet with the COR to discuss problem areas as they occur. The Project Manager or designated representative shall respond within four hours after notification of the existence of a problem.

G.2 TYPE OF CONTRACT

This is a firm-fixed contract.

G.4 INVOICE SUBMITTAL REQUIREMENTS

DTAR 1052.232–7003 Electronic submission of payment requests (AUG 2012)

(a) Definitions. As used in this clause—

(1) ‘‘Payment request’’ means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), ‘‘Payment documentation and process’’ and the applicable Payment clause included in this contract.

(2) [Reserved]

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Internet Payment Platform (IPP). Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973– 3131.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

(End of clause) http://www.ipp.gov/ mailto:ippgroup@bos.frb.org

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 CORRESPONDENCE PROCEDURES

To promote timely and effective administration, correspondence shall be subject to the following procedures:

(a) Technical correspondence (where technical issues relating to compliance with contract specifications are involved) shall be addressed to the COR with information copies to the

CO.

(b) All other correspondence (that which proposes or otherwise involves waivers, deviations or modifications to the requirements, terms or conditions of this contract) shall be addressed to the CO with an information copy to the COR.

H.2 CONTRACTOR RESPONSIBILITY FOR DOCUMENTATION

Based on the performance required for this contract, the following conditions will be employed throughout the life of the contract:

(a) The contractor shall be responsible for obtaining and maintaining all the documents necessary for performance under this contract.

(b) The Government will provide assistance whenever possible in securing addresses for requesting documents and any other general guidance.

H.3 AGENCY CLAUSES

IR1052.239-9008 - Section 508 Information, Documentation and Support (SEP 2006)

In accordance with 36 CFR 1194, Subpart D, the electronic information technology (EIT) products and product support services furnished in performance of this contract shall be documented to indicate the current conformance level with Section 508 of the Rehabilitation Act of 1973, per the 1998 Amendments, and the Architectural and Transportation Barriers Compliance Board’s Electronic and Information Technology Accessibility Standards. At no time during the performance of the award shall the level of conformance go below the level of conformance in place at the time of award. At no additional cost, the contractor shall provide information, documentation, and support relative to the supplies and services. The contractor shall maintain this detailed listing of compliant products for the full contract term, including forms of extensions, and shall ensure that it is current within five calendar days after award and within three calendar days of changes in products being utilized as follows:

(a) Product support documentation provided to end-users shall be made available in alternate formats upon request, at no additional charge.

(b) End-users shall have access to a description of the accessibility and compatibility features of products in alternate formats or alternate methods upon request, at no additional charge.

(c) Support services for products shall accommodate the communication needs of end-users with disabilities.

IR-1052.239-9009 - Section 508 Conformance (SEP 2006)

Each electronic and information technology (EIT) product and/or product related service delivered under the terms of this contract, at a minimum, shall conform to the applicable accessibility standards at 36 CFR

The following technical standards have been determined to be applicable to this contract:

_ 1194.21, Software applications and operating systems:

_ (a) _ (b) _ (c) _ (d) _ (e) _ (f) _ (g) _ (h) _ (i) _ (j) _ (k) _(l)

_ 1194.22, Web-based intranet and internet information and applications:

_ (a) _ (b) _ (c) _ (d) _ (e) _ (f) _ (g) _ (h) _ (i) _ (j) _ (k) _ (l) _(m) _(n) _(o) _(p)

_ 1194.23, Telecommunications products:

_(a) _(b) _(c) _(d) _(e) _(f) _(g) _(h) _(i) _(j) _(k) _(k:1) _(k:2) _(k:3) _(k:4)

_ 1194.24, Video and multimedia products:

_ (a) _ (b) _ (c) _ (d) _ (e)

_ 1194.25, Self contained, closed products:

_ (a) _ (b) _ (c) _ (d) _ (e) _ (f) _ (g) _ (h) _ (i) _ (j)

_ 1194.26, Desktop and portable computers:

_ (a) _ (b) _ (c) _ (d)

The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future.

c. The following functional performance criteria (36 CFR 1194.31) apply to this contract.

_X_ (a) At least one mode of operations and information retrieval that does not require user vision shall be provided, or support for assistive technology used by people who are blind or visually impaired shall be provided.

_X_ (b) At least one mode of operation and information retrieval that does not require visual acuity greater than 20/70 shall be provided in audio and enlarged print output working together or independently, or support for assistive technology used by people who are visually impaired shall be provided.

_X_ (c) At least one mode of operation and information retrieval that does not require user hearing shall be provided, or support for assistive technology used by people who are deaf or hard of hearing shall be provided.

_X_ (d) Where audio information is important for the use of a product, at least one mode of operation and information retrieval shall be provided in an enhanced auditory fashion, or support for assistive hearing devices shall be provided.

_X_ (e) At least one mode of operation and information retrieval that does not require speech shall be provided, or support for assistive technology used by people with disabilities shall be provided.

_X_ (f) At least one mode of operation and information retrieval that does not require fine motor or simultaneous actions and that is operable with limited reach and strength shall be provided.

(End of clause)

DTAR 1052.201-70 - Contracting Officer's Representative (COR) appointment and authority (APR 2015)

(a) The COR is designated in Section G of the contract.

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement.

The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(End of clause)

DTAR 1052.210-70 - Contractor Publicity (AUG 2011)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the equipment or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer.

Should any reference to such equipment or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this provision may be considered during the evaluation of past performance in future competitively negotiated acquisitions.

(End of clause)

DTAR 1052.222-70 - Minority and Women Inclusion (APR 2014)

Contractor confirms its commitment to equal opportunity in employment and contracting. To implement this commitment, the Contractor shall ensure, to the maximum extent possible consistent with applicable law, the fair inclusion of minorities and women in its workforce. The Contractor shall insert the substance of this clause in all subcontracts awarded under this Contract whose dollar value exceeds $150,000. Within ten business days of a written request from the contracting officer, or such longer time as the contracting officer determines, and without any additional consideration required from the Agency, the Contractor shall provide documentation, satisfactory to the Agency, of the actions it (and as applicable, its subcontractors) has undertaken to demonstrate its good faith effort to comply with the aforementioned provisions. For purposes of this contract, good faith effort'' may include actions by the contractor intended to identify and, if present, remove barriers to minority and women employment or expansion of employment opportunities for minorities and women within its workforce. Efforts to remove such barriers may include, but are not limited to, recruiting minorities and women, providing job-related training, or other activity that could lead to those results.

The documentation requested by the contracting officer to demonstrate good faith effort'' may include, but is not limited to, one or more of the following:

(1) The total number of Contractor's employees, and the number of minority and women employees, by race, ethnicity, and gender (e.g., an EEO-1);

(2) A list of subcontract awards under the Contract that includes: dollar amount, date of award, and subcontractor's race, ethnicity, and/or gender ownership status;

(3) Information similar to that required in item 1, above, with respect to each subcontractor;

and/or

(4) The Contractor's plan to ensure that minorities and women have appropriate opportunities to enter and advance within its workforce, including outreach efforts.

Consistent with Section 342(c)(3) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111-203) (Dodd-Frank Act), a failure to demonstrate to the Director of the Agency's Office of Minority and Women Inclusion such good faith efforts to include minorities and women in the Contractor's workforce (and as applicable, the workforce of its subcontractors), may result in termination of the Contract for default, other contractual remedies, or referral to the Office of Federal Contract Compliance Programs. Compliance with this clause does not, however, necessarily satisfy the requirements of Executive Order 11246, as amended, nor does it preclude OFCCP compliance evaluations and/or enforcement actions undertaken pursuant to that Order.

For purposes of this clause, the terms minority, minority-owned business and women-owned business shall have the meanings set forth in Section 342(g) of the Dodd-Frank Act.''

(End of clause)

IR 1052.209-9001 - Organizational Conflicts of Interest (June 2015)

[Tailored for Infrastructure Acquisition]

(a) Purpose: The purpose of this clause is (1) to ensure that the contractor is not biased because of conflicting roles in financial, contractual, organizational, or other interests which relate to the work to be performed under this contract, and (2) to ensure the contractor does not obtain any unfair competitive advantage over other parties as a result of its work under this contract.

(b) Scope: The restrictions described herein shall apply to performance or participation by the contractor and any of its affiliates or their successors in interest (hereinafter collectively referred to as the "contractor") in any activities related to this contract. The term contractor includes the prime contractor, subcontractors, mentors, joint-ventures, consultants, or any others acting in a similar capacity.

(c) Reporting: The contractor shall immediately report to the CO any conflicts or potential conflicts that arise during the performance of work under this contract, including those that may surface at the subcontract level. Once reported, the CO may terminate the contract for convenience if such an action is in the best interest of the Government. However, should there be any misrepresentation of facts in reporting an organizational conflict of interest (OCI) or a potential OCI, at the prime or subcontract level, or a complete failure to report such, the CO may impose the remedies provided in subparagraph (f) of this clause.

(d) Restrictions: Conflicts of interest associated with the Infrastructure acquisition shall be avoided, neutralized, or mitigated to the satisfaction of the Contracting Officer. Conflicts that cannot be avoided, mitigated, or neutralized may be waived at the discretion of The Director, Procurement, or designee.

(e) Subcontracts: The contractor shall include a clause, substantially similar to this clause, including this subparagraph, in all subcontracts (including purchase/delivery orders), teaming arrangements, and/or other agreements calling for the performance of work related to this contract unless exempted in writing by the CO.

(f) Remedies: For breach of any of the above restrictions or for nondisclosure or misrepresentation of any facts required to be disclosed concerning this contract, including the existence of an actual or potential organizational conflict at the time of or after award, the IRS may terminate the contract for default, disqualify the contractor from subsequent related efforts, and pursue such other administrative remedies as may be permitted by law or other terms and conditions of this contract.

(End of Clause)

48 CFR 352.242-70 - Key personnel (Tailored)

The key personnel identified in resumes submitted in the proposal for this contract are considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the contractor or Government.

(End of clause)

48 CFR 2452.201-70 Coordination of Data Collection Activities (APR 1984)

If it is established at award or subsequently becomes a contractual requirement to collect identical information from ten or more public respondents, the Paperwork Reduction Act (44 U.S.C. 3501-3520) applies. In that event, the Contractor shall not take any action to solicit information from any of the public respondents until notified in writing by the Contracting Officer that the required Office of Management and Budget (OMB) final clearance was received.

(End of clause)

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS—REPRESENTATION (MAR2015) (DEVIATION 2015-

00003)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

SECTION I: CONTRACT CLAUSES

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (MAY 2015) (IAW FAR 12.301(b)(4))

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014).

(2) 52.233-3, Protest After Award (Aug 1996)(31 U.S.C 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__X __ (1) 52.203-6, Restrictions on Subcontractor Sales to the

Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and 10 U.S.C. 2402).

__ __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

__ __ (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__X __ (4) 52.204-10, Reporting Executive Compensation and First- Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved] __ __ (6) 52.204-14, Service Contract Reporting Requirements (Jan

2014) (Pub. L. 111-117, section 743 of Div. C).

__ __ (7) 52.204-15, Service Contract Reporting Requirements for

Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111- 117, section 743 of Div. C).

__X __ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

__X __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

____ (10) [Reserved} __ __ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source

Award (Nov 2011)(15 U.S.C. 657a).

__ (11) (ii) Alternate I (Nov 2011) of 52.219-3.

__X __ (12) (i) 52.219-4, Notice of Price Evaluation Preference for

HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

__ (12) (ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved] __ __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov

2011)(15 U.S.C. 644).

__ __ (14) (ii) Alternate I (Nov 2011).

__ __ (14) (iii) Alternate II (Nov 2011).

__ __ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside

(June 2003)(15 U.S.C. 644).

__ __ (15) (ii) Alternate I (Oct 1995) of 52.219-7.

__ __ (15) (iii) Alternate II (Mar 2004) of 52.219-7.

__X __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014)

(15 U.S.C. 637(d)(2) and (3)).

__ __ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct

2014)(15 U.S.C. 637(d)(4)).

__ __ (17) (ii) Alternate I (Oct 2001) of 52.219-9.

__ __ (17) (iii) Alternate II (Oct 2001) of 52.219-9.

__ __ (17) (iv) Alternate III (Oct 2014) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011)(15

U.S.C. 637(a)(14)).

__ __ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan

1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ __ (21) 52.219-27, Notice of Total Service-Disabled Veteran-Owned

Small Business Set-Aside (Nov 2011)(15 U.S.C. 657 f).

__X __ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ __ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (1 U.S.C. 637(m)).

__ __ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

__X __ (25) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

__ __ (26) 52.222-19, Child Labor—Cooperation with Authorities and

Remedies (Jan 2014)(E.O. 13126).

__X __ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__X __ (28) 52.222-26, Equal Opportunity (Apr 2015)(E.O. 11246).

__X __ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38

U.S.C. 4212).

__X __ (30) 52.222-36, Equal Opportunity For Workers with Disabilities

(Jul 2014)(29 U.S.C. 793).

__X __ (31) 52.222-37, Employment Reports on Veterans (Jul 2014)(38

U.S.C. 4212).

__X __ (32) 52.222-40, Notification of Employee Rights Under the

National Labor relations Act (Dec 2010) E.O. 13496).

__X __ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015)

(22 U.S.C. chapter 78 and E.O. 13627).

__ __ (33) (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter

78 and E.O. 13627).

__ __ (34) 52.222-54, Employment Eligibility Verification (Aug 2013).

(Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ __ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ _ (35) (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C.

6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ _ (36) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ _ (36) (ii) Alternate I (Jun 2014) of 52.223-13.

__ _ (37) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions

(Jun 2014) (E.O.s 13423 and 13514).

__ _ (37) (ii) Alternate I (Jun 2014) of 52.223-14.

__ __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products

(Dec 2007) (42.U.S.C. 8259b).

__ __ (39) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal

Computer Products (Jun 2014) (E.O.s 13423 and 13514).

__ _ (39) (ii) Alternate I (Jun 2014) of 52.223-16.

__X __ (40) 52.223-18, Encouraging Contractor Policies to Ban Text

Messaging While Driving (Aug 2011)(E.O.13513).

__ __ (41) 52.225-1, Buy American--Supplies (May 2014)(41 U.S.C.

chapter 83).

__ __ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli

Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

__ _ (42) (ii) Alternate I (May 2014) of 52.225-3.

__ _ (42) (iii) Alternate II (May 2014) of 52.225-3.

__ _ (42) (iv) Alternate III (May 2014) of 52.225-3.

__ __ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X __ (44) 52.225-13, Restriction on Certain Foreign Purchases (Jun

2008)(E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury).

__ __ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

__ __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C. 5150).

__ __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).

__ __ (48) 52.232-29, Terms for financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ __ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ __ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013)(31.U.S.C. 3332).

__ __ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013)(31.U.S.C. 3332).

__ __ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.

3332).

__ __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

__ __ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag

Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

__ _ (54) (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ __ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41

U.S.C. chapter 67).

__ __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__X __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (May 2014)(29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ X __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ __ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C.

chapter 67).

__ __ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014)(41 U.S.C.

chapter 67).

__ __ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

__ __ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

__ __ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

____ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr…