FCA IDIQ AG-32KW-S-11-0255.doc

AG-32KW-S-11-0255

TABLE OF CONTENTS PAGE

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 AGAR 452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS . 8

(FEB 1988)

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 15

F.2 AGAR 452.211-75 EFFECTIVE PERIOD OF THE CONTRACT . . . 15

(FEB 1988)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION DEFINITIONS

G.2 TASK ORDER ISSUANCE AND ORDERING INFORMATION

G.3 FEE PROPOSALS

G.4 Liability for Government cost resulting fRom design . 17 errors or deficiencies

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.224-70 CONFIDENTIALITY OF INFORMATION

(FEB 1988)

H.2 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

H.3 AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE . . . 19

(FEB 1988)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 21

I.2 52.204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003) . 23

I.3 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING 26

PAYMENT OF UNION DUES OR FEES (DEC 2004)

I.4 52.236-22 DESIGN WITHIN FUNDING LIMITATIONS

(APR 1984)

I.5 52.216-18 ORDERING (OCT 1995)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS . . . 31

SECTION J - LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS

TABLE OF CONTENTS PAGE

K.1 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

K.2 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN

SMALL BUSINESS) (MAY 1999)

K.3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS . . 34

(JAN 2005)

K.4 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 35

PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS

(DEC 2001)

K.5 52.219-19 SMALL BUSINESS CONCERN REPRESENTATION FOR . 36

THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION

PROGRAM (OCT 2000)

K.6 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND

CERTIFICATION (JUN 2000)

K.7 52.230-7 PROPOSAL DISCLOSURE--COST ACCOUNTING PRACTICE 41

CHANGES (APR 2005)

K.8 AGAR 452.222-70 COMPLIANCE WITH VETERANS EMPLOYMENT . 41

REPORTING REQUIREMENTS (JAN 1999) (DEVIATION)(USDA)

SECTION L - INSTRUCTIONS, CONDITIONS, AND

NOTICES TO OFFERORS

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED

BY REFERENCE (FEB 1998)

L.2 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE

ACQUISITION (JAN 2004) Alternate II (OCT 1997)

L.3 52.216-1 TYPE OF CONTRACT (APR 1984)

L.4 52.233-2 SERVICE OF PROTEST (AUG 1996)

L.5 AGAR 452.204-70 INQUIRIES (FEB 1988)

L.6 PROPOSAL DUE DATE

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED

BY REFERENCE (FEB 1998)

M.2 AGAR 452.216-72 EVALUATION QUANTITIES --

INDEFINITE DELIVERY CONTRACT (FEB 1988)

M.3 EVALUATION CRITERIA

Section B

Schedule of Fees for Architect/Engineering Services Base Year – October 1, 2011 through September 30, 2012

2. Overheaad (Fringe Benefits) on Direct Labor %

3. General & Administrative (G&A) %

4. MATERIALS/SUPPLIES (To be negotiated on Individual Task Orders)

5. Travel (Negotiated on Individual Task Orders) – IAW Federal Travel Regulations

6. OTHER COSTS (Describe in Detail)

7. Profit %

Section B

(OPTION YEARS)- This schedule of fees shall become effective only if the

Government exercises its option to extend the terms of the contract.

Option Year One – October 1, 2012 through September 30, 2013

2. Overheaad (Fringe Benefits) on Direct Labor %

3. General & Administrative (G&A) %

4. MATERIALS/SUPPLIES (To be negotiated on Individual Task Orders)

5. Travel (Negotiated on Individual Task Orders) – IAW Federal Travel Regulations

6. OTHER COSTS (Describe in Detail)

7. Profit %

Government exercises its option to extend the terms of the contract.

Option Year Two – October 1, 2013 through September 30, 2014

2. Overheaad (Fringe Benefits) on Direct Labor %

3. General & Administrative (G&A) %

4. MATERIALS/SUPPLIES (To be negotiated on Individual Task Orders)

5. Travel (Negotiated on Individual Task Orders) – IAW Federal Travel Regulations

6. OTHER COSTS (Describe in Detail)

7. Profit %

Government exercises its option to extend the terms of the contract.

Option Year Three – October 1, 2014 through September 30, 2015

2. Overheaad (Fringe Benefits) on Direct Labor %

3. General & Administrative (G&A) %

4. MATERIALS/SUPPLIES (To be negotiated on Individual Task Orders)

5. Travel (Negotiated on Individual Task Orders) – IAW Federal Travel Regulations

6. OTHER COSTS (Describe in Detail)

7. Profit %

Government exercises its option to extend the terms of the contract.

Option Year Four – October 1, 2015 through September 30, 2016

2. Overheaad (Fringe Benefits) on Direct Labor %

3. General & Administrative (G&A) %

4. MATERIALS/SUPPLIES (To be negotiated on Individual Task Orders)

5. Travel (Negotiated on Individual Task Orders) – IAW Federal Travel Regulations

6. OTHER COSTS (Describe in Detail)

7. Profit %

B.1 AGAR 452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS

(FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $5,000.00, but not in excess of $1.0 million over the life of the contract, including option periods.

Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1.0 CONTRACT PROJECT:

1.1 Title: Facility Condition Assessment Program

1.2 Location: Various owned and/or leased USDA APHIS facilities located throughout the United States and North America

1.3 Project Background: USDA APHIS started the assessment program back in 2003. The number of assessments per year have ranged from as little as five to as many as fifteen.

1.4 Facility Description: USDA APHIS owns and /or leases multiple different types of buildings such as laboratories, production facilities, offices, warehouses, animal pens, canopies, aviary, greenhouses, screen houses, maintenance shops, gate houses, trailers, etc. A list of all USDA APHIS facilities that are presently in the rotation to be assessed every three years is included in Attachment A along with number of buildings, square footage of buildings and size of each location.

1.5 Project Description: The APHIS, United States Department of Agriculture (USDA) has concerns about the integrity and service life of the infrastructure of their facilities. The assessment will provide an independent and documented overview of facility and infrastructure conditions in a simple concise report. The assessment shall consist of identifying all building code deficiencies and required repairs for all existing buildings, utility systems, and infrastructure.

Inspections shall note all applicable guidelines (i.e. the Americans with Disabilities Act (ADA), the Animal Welfare Act, Association for Assessment and Accreditation for Laboratory Animal Care International (AAALAC), Good Laboratory Practice, & APHIS Quarantine Requirements). It is the intent of APHIS to utilize these reports to establish the fiscal management of the physical assets; establish an optimal approach to facilities capital reinvestment; and link the facility with the goals of the organization.

1.6 Project Tasks: This task is for Architectural and Engineering Services required to:

1.6.1 Facility Condition Assessments

1.6.1.1 Perform a Detailed Facility Condition Assessment/Re-Assessments to identify deficiencies and repairs needed throughout the USDA APHIS facilities. Members of the assessment team will include a professional and experienced staff with extensive knowledge in their particular discipline. The assessment team shall be registered engineers, architects or equivalent for discipline evaluated.

1.6.1.2 In accordance with Executive Order 13514, Contractor shall analyze all recommended requirements for all buildings and determine if there is a “Green” alternative and provide the cost Section C estimate for the “Green” alternative in addition to the replace in-kind option.

1.6.1.3 Prepare a report (subsequent to consultation with APHIS resolving compatibility/suitability issues) of the findings and recommended corrective action including a narrative description of the buildings/equipment, supporting photographs, meeting minutes, schematic drawings of building(s), itemized conceptual cost estimates, estimated design and construction time associated with correcting the identified deficiency.

1.6.1.4 If the facilities meet the guidelines, perform a “Green” assessment to identify the existing state of sustainability using the USDA criteria and spreadsheet, and submit a report on sustainability opportunities within the facilities. A copy of the criteria and spreadsheet are included as Attachment B. The assessment shall be performed in conformance to Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management. Also, include in the “Green” section of the report, what projects you recommend should take place to bring the building up to minimum sustainable level including cost for the projects.

1.6.2 Consolidated Facilities Condition Assessment (FCA) Report: Contractor shall update the existing Facilities Condition Assessment Program Executive Summary report. The report shall be an executive level outline (by APHIS program) of but not limited to the following:

· Current Condition Analyses/Facility Condition Index (FCI’s)

· Condition Index (CI)

· Anticipated capital renewal analyses

· Capital funding analyses

The report shall utilize plain language, be concise and easily understood. A table of abbreviations shall also be included. Contractor shall submit a draft of the Consolidated Report by February 1 of each year and the final report within seven days after receiving the Government comments.

1.6.3 Site Licenses: Provide licenses agreements for eight APHIS employees for one calendar year. Specifically the license shall allow the APHIS employees to view the APHIS assessment data and run reports with the data. The eight APHIS employees are as follows:

Wayne Claus

Gareth Diedrick

Wendell Leonard

Ed Gersabeck

Wayne Graeve

George Hartson

Keith O’Brien

Melissa Warrick

Gareth Diedrick and Keith O’Brien shall also have the right to manipulate the data.

1.6.4 Annual Update of Assessment Data – Update the assessment data in the database during years that no on-site assessment is performed. Specifically, contractor shall contact the Facility Managers to receive Section C any changes to their facility and update the database indicating any projects that took place since the last on-site assessment.

2.0 PROJECT CONTACT PERSONS:

2.1 Contracting Specialist (CS):

Ms. Margaux Nenichka

USDA, APHIS, MRPBS, ASD

4700 River Road, Unit 115

Riverdale, MD 20737

Tel. No.: 301-734-8263

Fax No.: 301-734-4846

2.2 Government Project Engineer:

Keith O’Brien

4700 River Road, Unit 115

Riverdale, MD 20737

Tel. No.: 301-734-5505

Fax No.: 301-734-4846

2.3 Reality Specialist:

George Hartson

100 n. 6th street, Butler Square, Suite 610c

Minneapolis, MN 55403

Tel No.: 612-336-3214

3.0 SCOPE OF A/E SERVICES:

The A/E shall provide all professional services necessary for the accomplishment of the contract project as described in this Statement of Work (SOW). The A/E shall provide Services for the following tasks marked by an "X".

Specific requirements will be delineated for the location on the task order.

4.0 PROJECT REQUIREMENTS:

4.1 General Requirements: The A/E shall prepare a separate itemized fee proposal for each task identified. The fee proposal shall show the required disciplines, number of hours for each discipline, and hourly rates for each discipline. A proposed work schedule shall be required to be included for each task order.

4.2 Compliance with Building Codes: In accordance with Public Law 100-678, design and construction for Federal Agencies shall comply with one of the National Model Building Codes, Local Building Codes, Zoning Ordinances, and must be coordinated with Local Building Officials. The A/E shall comply with the appropriate State Statutes governing the signing and sealing of design drawings, specifications and reports.

4.3 Submittal Requirements: Detailed Facility Condition Assessment – This submittal shall include the results of the field investigation, a narrative of findings, supportive photographs, recommendations, and estimated costs of Section C recommendations. Facility deficiencies shall be organized by building number and name, facility category, and listed by engineering discipline. Deficiencies shall be coded as safety/health, environmental compliance, mission essential, or repair. Deficiencies shall also be coded for urgency of need.

5.0 PROJECT BUDGET LIMITATIONS:

The amount of funds programmed for construction will be based on the estimate identified in the Detailed Facility Condition Assessment. The construction cost estimates shall be sufficiently accurate and complete so that APHIS can begin funding procedures for required repairs.

6.0 PROJECT SUBMITTAL SCHEDULE:

6.1 The project submittal schedule: The Contractor shall provide the Contracting Officer with a proposed schedule for each assessment. A suggested format is given below. The number of days indicates the time duration to complete that task upon completion of the preceding task.

Proposed Schedule for Detailed Facility Condition Assessment:

Notice to Proceed

05 work days

Draft Detailed Facility Condition Assessment 45 work days

APHIS Review and Comment

15 work days

Final Detailed Facility Condition Assessment 10 work days

6.2 Submittal Quantities:

Draft Detailed Facility Condition Assessment

Government Project Engineer:

5 copies*

Program Project Manager:

3 copies

Final Detailed Facility Condition Assessment

Government Project Engineer:

2 copies*

Program Project Manager:

2 copies

Reality Specialist:

1 copy

*Send a copy of the submittal transmittal to the Contracting Specialist Section D

SECTION D - PACKAGING AND MARKING

THERE ARE NO CLAUSES INCLUDED IN THIS SECTION

Section E

SECTION E - INSPECTION AND ACCEPTANCE

THERE ARE NO CLAUSES INCLUDED IN THIS SECTION

Section F

SECTION F - DELIVERIES OR PERFORMANCE

F.1 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):

http://www.arnet/gov/far

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.242-14 SUSPENSION OF WORK APR 1984

F.2 AGAR 452.211-75 EFFECTIVE PERIOD OF THE CONTRACT

(FEB 1988)

The effective period of this contract is from date of award through September 30, 2012 unless extended by the exercise of an option.

Section G

SECTION G - CONTRACT ADMINISTRATION DATA

G.1

CONTRACT ADMINISTRATION DEFINITIONS

The task orders will be administered through the structure explained below. The delegation of authorities and responsibilities are also outlined below.

· Contracting Officer – the individual with delegated authority to enter into, administer and terminate the contract or individual task orders and the only individual authorized to change the terms of the contract (scope, additional time, etc.).

· Project Architect/Engineer – identified for each task order and the principal technical authority for the individual task order. Technical direction will be from the project architect/engineer to the contractor. The project architect/engineer is directly responsible for monitoring the progress of work on the task orders and providing liaison for the contractor and the program project manager and other personnel that may have a direct impact on the development of the work.

· Program Project Manager (PPM) – principal program authority in matters relating to the program functional requirements.

G.2

TASK ORDER ISSUANCE AND ORDERING INFORMATION

Task Order Issuance: Individual task orders will be distributed to the firm that appears the most qualified and experienced for the service needed. In cases where the firms are relatively equal, APHIS will distribute the tasks based on the firms’ proximity to the APHIS facility needing service. APHIS will endeavor to balance the work evenly among the firms.

Ordering Information: The Contracting Officer will submit a written request for A-E services to the selected firm. The request will include (if applicable) a statement of work, project budget, program of requirements, and submittal schedule. Within 20 calendar days after receipt of the Contracting Officer’s request, the Contractor shall submit a fee proposal. The fee proposal will be based on the awarded labor, overhead, G&A and profit rates in Section B of the contract.

Other Costs: Direct costs such as materials, equipment, and travel will be itemized for each task. The amount proposed for travel shall be in accordance with the Federal Travel Regulations and shall be supported with a breakdown of the number of trips anticipated, costs per trip per person, mode of transportation, and mileage (if applicable). The proposal shall also list the key personnel to be assigned to the task.

Section G

G.2 (Continued)

Upon receipt of the Proposal, the Contracting Officer will discuss it with the Contractor, if necessary, and upon mutual agreement, will issue a written task order award authorizing the Contractor to proceed with the work.

Should the two parties fail to reach an agreement on the negotiation of a task order, the Contracting Officer will cancel the request at no cost to the Government and the services will be procured by the Government through other sources.

Individuals Authorized to Place Orders:

The following Contracting Officers have the authority to enter into, administer and terminate task orders under this contract:

Martha Garza

James Roloff

Herbert Suber G.3

FEE PROPOSALS

The Contracting Officer shall not negotiate a price or fee that exceeds the following statutory limitations, imposed by 10 U.S.C. 2306 (d) and 41 U.S.C. 254 (b), which is “For Architect-Engineering services for public works or utilities, the contract price or the estimated cost and fee for production and delivery of designs, plans, drawings, and specifications shall not exceed six (6) per cent of the estimated cost of construction or the public work or utility, excluding fees.”

G.4 Liability for Government cost resulting form design errors or deficiencies Architect-engineer contractors shall be responsible for the professional quality, technical accuracy, and coordination of all services required under their contracts. A firm may be liable for Government cost resulting from errors or deficiencies in designs furnished under its contract. Therefore, when a modification to a construction contract is required because of an error or deficiency in the service provided under an architect-engineer contract, the contracting officer (with the advice of technical personnel and legal counsel) shall consider the extent to which the architect-engineer contractor may be reasonably liable. The contracting officer shall enforce the liability and collect the amount due, if the recoverable cost will exceed the administrative cost involved or is otherwise in the Government’s interest. The contracting officer shall include in the contract file a written statement of the reason for the decision to recover or not to recover the costs from the firm.

Section H

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.224-70 CONFIDENTIALITY OF INFORMATION

(FEB 1988)

(a) Confidential information, as used in this clause, means--

(1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the

Government will furnish to the Contractor or that the

Contractor is expected to generate which is confidential.

Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the

Contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

Section H

H.1 (Continued)

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the

Contractor shall obtain a written determination from the

Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

H.2 AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

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

Project Manager

Senior Architect/Project Architect

Senior Civil Engineer

Senior Structural Engineer

Senior Mechanical Engineer/Project Mechanical Engineer

Senior Electrical Engineer

(b) During the first ninety (90) days of performance, the

Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the

Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

H.3 AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE

(FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to

Section H

H.3 (Continued) keep all information contained in source documents or other media furnished by the Government in the strictest confidence.

The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The

Contractor agrees to immediately notify in writing, the

Contracting Officer, named herein, in the event that the

Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the

Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

Section I

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 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):

http://www.arnet/gov/far

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.202-1 DEFINITIONS JUL 2004

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984

52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995

52.203-8 CANCELLATION, RESCISSION, AND JAN 1997

RECOVERY OF FUNDS FOR ILLEGAL OR

OR IMPROPER ACTIVITY

52.203-10 PRICE OR FEE ADJUSTMENT FOR JAN 1997

ILLEGAL OR IMPROPER ACTIVITY

52.203-12 LIMITATION ON PAYMENTS TO JUN 2003

INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

52.204-2 SECURITY REQUIREMENTS AUG 1996

Alternate II (APR 1984)

52.204-4 PRINTED/COPIED DOUBLE-SIDED ON AUG 2000

RECYCLED PAPER

52.209-6 PROTECTING THE GOVERNMENT'S JAN 2005

INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT

52.215-2 AUDIT AND RECORDS--NEGOTIATION JUN 1999

52.215-8 ORDER OF PRECEDENCE--UNIFORM OCT 1997

CONTRACT FORMAT

52.216-24 LIMITATION OF GOVERNMENT LIABILITY APR 1984

52.216-25 CONTRACT DEFINITIZATION

OCT 1997

52.219-8 UTILIZATION OF SMALL BUSINESS OCT 2000

CONCERNS

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN JAN 2002

52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING JAN 1999

PLAN

52.222-3 CONVICT LABOR JUN 2003

Section I

I.1 (Continued)

NUMBER TITLE DATE

52.222-21 PROHIBITION OF SEGREGATED FEB 1999

FACILITIES

52.222-26 EQUAL OPPORTUNITY APR 2002

52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DEC 2001

DISABLED VETERANS, VETERANS OF THE

VIETNAM ERA, AND OTHER ELIGIBLE

VETERANS

52.222-36 AFFIRMATIVE ACTION FOR JUN 1998

WORKERS WITH DISABILITIES

52.222-37 EMPLOYMENT REPORTS ON SPECIAL DEC 2001

DISABLED VETERANS, VETERANS OF THE

VIETNAM ERA, AND OTHER ELIGIBLE

VETERANS

52.223-6 DRUG-FREE WORKPLACE MAY 2001

52.223-13 CERTIFICATION OF TOXIC CHEMICAL AUG 2003

RELEASE REPORTING

52.223-14 TOXIC CHEMICAL RELEASE REPORTING AUG 2003

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN MAR 2005

PURCHASES

52.227-1 AUTHORIZATION AND CONSENT JUL 1995

52.227-2 NOTICE AND ASSISTANCE REGARDING AUG 1996

PATENT AND COPYRIGHT INFRINGEMENT

52.229-3 FEDERAL, STATE, AND LOCAL TAXES APR 2003

52.229-6 TAXES - FOREIGN FIXED-PRICE JUN 2003

CONTRACTS

52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB 2002

52.232-10 PAYMENTS UNDER FIXED-PRICE AUG 1987

ARCHITECT-ENGINEER CONTRACTS

52.232-17 INTEREST JUN 1996

52.232-23 ASSIGNMENT OF CLAIMS JAN 1986

52.232-26 PROMPT PAYMENT FOR FIXED-PRICE OCT 2003

ARCHITECT-ENGINEER CONTRACTS

52.233-1 DISPUTES JUL 2002

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF OCT 2004

CONTRACT CLAIM

52.236-23 RESPONSIBILITY OF THE ARCHITECT- APR 1984

ENGINEER CONTRACTOR

52.236-24 WORK OVERSIGHT IN ARCHITECT APR 1984

-ENGINEER CONTRACTS

52.236-25 REQUIREMENTS FOR REGISTRATION OF JUN 2003

DESIGNERS

52.242-13 BANKRUPTCY JUL 1995

52.243-1 CHANGES - FIXED-PRICE AUG 1987

Alternate III (APR 1984)

52.244-4 SUBCONTRACTORS AND OUTSIDE AUG 1998

ASSOCIATES AND CONSULTANTS

(ARCHITECT-ENGINEER SERVICES)

52.248-2 VALUE ENGINEERING--ARCHITECT MAR 1990

ENGINEER

Section I

I.1 (Continued)

NUMBER TITLE DATE

52.249-7 TERMINATION (FIXED-PRICE APR 1984

ARCHITECT-ENGINEER)

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2 52.204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

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

"Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

"Data Universal Numbering System (DUNS) number" means the

9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the

DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative

Electronic Funds Transfer (EFT) accounts (see the FAR at

Subpart 32.11) for the same parent concern.

"Registered in the CCR database" means that--

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the

CCR database; and

(2) The Government has validated all mandatory data fields and has marked the record "Active".

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation

"DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

Section I

I.2 (Continued)

(c) If the offeror does not have a DUNS number, it should contact

Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the

Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code

(if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the

Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and

Section I

I.2 (Continued) completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the

CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name

(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of

Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph

(g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the

Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the

"Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for

EFT payments or manual payments, as appropriate, in the

CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of

Claims). Assignees shall be separately registered in the

CCR database. Information provided to the Contractor's

CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that

Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment"

Section I

I.2 (Continued) paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

I.3 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING

PAYMENT OF UNION DUES OR FEES (DEC 2004)

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

United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to

National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment. If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish

Section I

I.3 (Continued) to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board

Division of Information

1099 14th Street, N.W.

Washington, DC 20570

1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive

Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of

Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the

Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the

Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart

B--Compliance Evaluations, Complaint Investigations and

Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to--

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the

Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the

United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant

Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the

Section I

I.3 (Continued)

Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that--

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United

States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway

Labor Act and a second for all other contractors. The

Contractor shall--

(1) Obtain the required employee notice poster from the

Division of Interpretations and Standards, Office of

Labor-Management Standards, U.S. Department of Labor, 200

Constitution Avenue, NW, Room N-5605, Washington, DC

20210, or from any field office of the Department's

Office of Labor-Management Standards or Office of Federal

Contract Compliance Programs;

(2) Download a copy of the poster from the Office of

Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the

Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor

Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B--Compliance

Evaluations, Complaint Investigations and Enforcement

Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with

Section I

I.3 (Continued) respect to any such subcontract or purchase order. If the

Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United

States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

I.4 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUL 2004)

(a) Definitions As used in this clause--

"Commercial item" has the meaning contained in Federal

Acquisition Regulation 2.101, Definitions.

"Subcontract" includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c) (1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.219-8, Utilization of Small Business Concerns

(MAY 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds

$500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (APR 2002) (E.O.

11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled

Veterans, Veterans of the Vietnam Era, and Other

Eligible Veterans (DEC 2001) (38 U.S.C. 4212(a)).

(iv) 52.222-36, Affirmative Action for Workers with

Disabilities (JUN 1998) (29 U.S.C. 793).

(v) 52.247-64, Preference for Privately Owned U.S.-Flag

Commercial Vessels (APR 2003) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631) (flow down required in accordance with paragraph (d) of FAR clause

52.247-64).

(2) While not required, the Contractor may flow down to

Section I subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

I.5 52.216-18 ORDERING (OCT 1995)

(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 October 1, 2011 through

September 30, 2012 unless extended by the exercise of an option period.

(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) If mailed, a delivery order or task order is considered

"issued" when the Government deposits the order in the mail.

Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

Section J

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

ATTACHMENT TITLE NO OF

NO. PAGES

1 Facility List and Description 2 Section K

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS

K.1 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions

"Common parent," as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

"Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue

Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social

Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR)

4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN)

[ ] TIN:_____________________.

[ ] TIN has been applied for.

[ ] TIN is not required because:

[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an

Section K

K.1 (Continued) office or place of business or a fiscal paying agent in the United States;

[ ] Offeror is an agency or instrumentality of a foreign government;

[ ] Offeror is an agency or instrumentality of the

Federal Government.

(e) Type of organization

[ ] Sole proprietorship;

[ ] Partnership;

[ ] Corporate entity (not tax-exempt);

[ ] Corporate entity (tax-exempt);

[ ] Government entity (Federal, State, or local);

[ ] Foreign government;

[ ] International organization per 26 CFR 1.6049-4;

[ ] Other_______________________.

(f) Common parent

[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

[ ] Name and TIN of common parent:

Name _______________________________

TIN ________________________________

K.2 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN

SMALL BUSINESS) (MAY 1999)

(a) Definition Women-owned business concern, as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Section K

K.2 (Continued)

Small Business Program Representations, of this solicitation.]

The offeror represents that it [_] is a women-owned business concern.

K.3 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(JAN 2005)

(a) (1) If the clause at 52.204-7, Central Contractor

Registration, is included in this solicitation, paragraph

(b) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in

CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (b) of this provision instead of completing the corresponding individual representations and certifications in the solicitation.

The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (b) applies.

[_] (ii) Paragraph (b) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(b) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201);

except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date].

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Section K

K.3 (Continued)

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

K.4 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS

(DEC 2001)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that--

(i) The Offeror and/or any of its Principals--

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any

Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment…