Attachment 1 - Solicitation Terms and Conditions - AE MATOC (Updated 5_12).pdf

United States Department of the Interior

FISH AND WILDLIFE SERVICE JOINT ADMINISTRATIVE OPERATIONS

Acquisitions Operations

REQUEST FOR QUALIFICATIONS

Multiple-Award Task Order Contracts (MATOC)/Indefinite-Delivery, Indefinite-Quantity

(IDIQ) contracts for A&E Services for the continental US and Hawaii in any state or US territory for the Department of Interior (DOI)

General Information:

Document Type: Solicitation Notice Solicitation Number: 140F0521R0003 Date Posted: 5/12/2021 Response Date: 6/11/2021 Question cutoff Date: Seven (7) days prior to the close of the solicitation Set-Aside: Total Small Business Set-Aside Classification Code: C—Architect and Engineering Services NAICS Codes: 541330- Engineering Services Small Business Size Standard - $16.5 million dollars

Contract Specialist:

Ian Young Construction/A&E Operations Joint Administrative Operations | U.S. Fish & Wildlife Service

Place of Performance:

The continental US and Hawaii in any state or US territory for the Department of Interior (DOI);

U.S. Fish and Wildlife Service (USFWS), National Park Service (NPS), and Bureau of Land Management (BLM), Bureau of Indian affairs (BIA) and Forest Service (FS)

Description:

Multiple Award Task Order Indefinite Delivery/Indefinite Quantity (IDIQ) Contract for A&E Services. The intent of this MATOC is to support the “Great American Outdoors Act” (GAOA). GAOA established the National Parks and Public Land Legacy Restoration Fund to support deferred maintenance projects on Federal lands. For FY2021FY2025, up to $1.9 Billion per year will be deposited into this fund. The U.S. Fish and Wildlife Service (FWS) will receive 5%, Bureau of Land Management (BLM), and Bureau of Indian Affairs (BIA) will receive 5% (up to $95M). The National Park Service (NPS) will receive 70% (up to $1.3B) and Forest Service (FS) will receive 15% (up to $285M). These MATOCs will be available to all DOI bureaus and FS for use and will incorporate the needs of all bureau GAOA projects. This MATOC will also be used for other A&E requirements by all Bureaus as needed.

All Information Needed for Interested Parties to Submit a Standard Form SF330, Architect- Engineer Qualifications is Contained Herein. This is a request for SF330 submissions only.

This acquisition and source selection are being conducted in accordance with Federal Acquisition Regulation (FAR) Part 36.6 Architect-Engineer (A-E) under the Brooks Act Procedures. A-E firms meeting the requirements described in this announcement are invited to submit their SF330 documentation required in this notice. Firms responding to this announcement before the closing date will be considered for selection subject to any limitations indicated with respect to business size or any other limitations listed in this notice. Firms will be selected for negotiation based on demonstrated competence and qualifications as listed in the Evaluation Criteria and as outlined in Federal Acquisition Regulation (FAR) 36.602-1. The government seeks the most highly qualified firm to perform the required services, based on the demonstrated competence and qualifications, in accordance with the evaluation criteria. Failure to comply with instructions or provide complete information may affect the firm’s evaluation or disqualify the firm from further consideration.

This announcement is open to small businesses only. Small businesses will be required to comply with FAR 52.219-14, Limitations on Subcontracting. If a firm is competing for this contract under a contractor Team arrangement as defined in FAR Subpart 9.6, the firm must submit, along with their SF330, a written, notarized agreement identifying the contractor team arrangements and fully disclosing the company relationships. In the event this written documentation is not complete at the time of the SF330 submission, the partnership or joint venture (JV) shall submit a notarized letter of intent documenting the intent to form the partnership or JV to act as a potential prime contractor for award of this contract and fully disclosing the company relationships.

The partnership or JV may (but need not) be in the form of a separate legal entity. The partnership or JV need not be registered in SAM.gov at time of SF330 submission, but each partner in the partnership or JV must be registered at the time of submission and the partnership or JV must be registered in SAM.gov prior to contract award. Any JV or partnership must be compliant with the NAICS Size Standards for Architectural and Engineering Services. For more information regarding small business joint, venture or partnerships check SBA’s website at www.sba.gov.

Contract Structure:

The government intends to award up to one hundred twenty-eight (128) Firm Fixed Priced, Indefinite-Delivery-Indefinite Quantity contracts with an estimated three (3) to five (5) firms for coverage of each state/area. The work will be required on an “as-needed” basis during the life of the contract. The estimated date of contract award is on or about August 2, 2021.

The term of the contract shall include a base period of one (1) year with options for four (4) additional one (1) year periods. Total contract amount is estimated at $50 million over 5 years.

Typical task orders may range between (estimated) $3,500 to $10,000,000. The total of individual task orders placed against the contract shall not exceed $50 million. The guaranteed minimum for the entire contract term (including option years) is $500 and will be satisfied by the award of the initial task order. This solicitation and any resultant contract awards do not guarantee work to selected firms other than the initial $500 minimum guarantee.

Fully burdened labor rates will be negotiated prior to award of any contract. The wages and benefits of service employees (see FAR 22.10) performing under this contract must be a least equal to those determined by the Department of Labor under the Service Contract Act as determined by the employee’s office location (not the location of the work). The Government will determine the contract task order estimate using the negotiated contract rates for each ordering period and negotiate the effort to perform the particular project/task order. Each task order will have a project-specific period of performance. The task orders issued under the awarded contracts will be competed in accordance with Fair Opportunity, FAR 16.5052 (b) (1).

Each A-E firm selected under this announcement will be required to update their SF330s annually in accordance with FAR 36.603(d).

1. SMALL BUSINESS SET-ASIDE:

This proposed contract is being solicited as a total small business set-aside.

2. REQUIRED REGISTRANTS:

To be eligible for contract award a firm must be registered in System for Award Management (SAM). Failure to register in the SAM Database may render your firm ineligible for award.

Registration can be found at www.sam.gov. For questions, you may contact their Help Desk at 866- 606-8220.

In accordance with FAR 36.601-4(b), the A-E firm must be a registered/licensed architectural and/or engineering firm to eligible for award. Provide proof that firm is permitted by law to practice the professions of architecture or engineering, (e.g. state registration number, or a brief explanation of the firm’s licensing in jurisdictions that do not register firms). Failure to submit the required proof could result in a firm’s elimination from consideration.

3. INSTRUCTIONS TO OFFERORS:

Firms that meet the requirements described herein are invited to complete a SF 330 Package. The form can be sourced from https://www.gsa.gov/portal/forms/download/116486 and also attached to this request.

Submissions must include the following items or Offeror will be considered non-responsive and will not be evaluated:

1. SF 330

2. Evaluation Criteria Submission Requirements (See Sections L&M)

3. Past Performance Questionnaires

4. Geographical Location Selection Form

5. Amendment(s) (if applicable)

Email Proposals to: 140F0521R0003@fws.gov

QUESTIONS AND INQUIRIES:

Ian Young, Contract Specialist. Contact may be made via email to 140F0521R0003@fws.gov. All inquiries and questions shall be submitted by email in writing; no verbal questions will be accepted.

Reference the solicitation # 140F0521R0003 and title in your email subject line. The cut off for submitting questions and inquiries to this solicitation is seven (7) days prior to the close of the solicitation. Nothing in this solicitation is changed unless an amendment is posted in www.beta.SAM.gov as an amendment prior your submission of your proposal.

List of Attachments:

1. Solicitation/Terms & Conditions, 35 pages

2. Description of Work, 17 pages

3. Geographical Location Selection Form, 1 page

4. Past Performance Questionnaire, 5 pages

5. SF 330, 14 pages

6. A&E Industry Day Flyer, 1 page http://www.sam.gov/ http://www.sam.gov/ https://www.gsa.gov/portal/forms/download/116486 https://www.gsa.gov/portal/forms/download/116486 mailto:140F0521R0003@fws.gov http://www.beta.sam.gov/

ATTACHMENT #00001

SOLICITATION/TERMS & CONDITIONS

SECTION A—SOLICITATION/CONTRACT FORM

Refer to Request for Qualifications Letter

SECTION B – SERVICES/PRICES

B.1 BRIEF DESCRIPTION OF SERVICES

Typical work under the contract will include, but will not be limited to, various services including: architectural, civil, mechanical, electrical, plumbing, structural design, construction administration, inspection, aquaculture systems, general and environmental studies, value engineering, energy conservation design practices, as well as other types of A-E services. All work will be assigned and accomplished in accordance with individual task order solicitations.

The primary area of coverage will be the continental US and Hawaii in any state or US territory for Department of Interior U.S. Fish and Wildlife Service, National Park Service, Forest Service, and Bureau of Land Management and Bureau of Indian Affairs. Work will be performed on land owned, leased, or with use agreements located in any state or US territory. Project sites may occur on tribal or tribal reservation land and require employment rights compliance.

B.2 TYPE OF CONTRACT

The Contract period shall include a base period of one (1) year with options for four (4) additional one (1) year periods for a total of five (5) years from the date of contract award.

Task orders may be placed against this contract from the date of contract award through the completion date. If a task order is awarded prior to the expiration date of the contract, the task order must be completed within 365 days.

The contract type awarded is a firm fixed price Indefinite Delivery indefinite quantity (IDIQ).

B.3 PRICE SCHEDULE

We will request this information after the most highly qualified offerors have been determined.

SECTION C – DESCRIPTION/SPECIFICATIONS

Refer to attachments

SECTION D – PACKING AND MARKING

D.1 PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information forms, reports, etc., to the CO or the COR shall be paid by the contractor.

D.2 MARKING

All information submitted to the Contracting Officer or the Contracting Officer's Representative shall clearly indicate the Contract Number of the contract for which the information is being submitted.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

The A/E may be required to be a member of the final inspection team on all new construction and major repair and alteration projects; however, final acceptance shall be predicated exclusively upon the inspection performed by Government personnel.

Deliverables will be reviewed for conformance with the deliverables identified in the descriptions/specification’s attachment, by the COR and accepted or rejected for resubmittal as appropriate.

E.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.246-4 Inspection of Services – Fixed Price (APR 1984)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The base period of performance of this contract will be 12 months.

Base Period: August 2, 2021 – August 1, 2022 Option Period 1: August 2, 2022 – August 1, 2023 Option Period 2: August 2, 2023 – August 1, 2024 Option Period 3: August 2, 2024 – August 1, 2025 Option Period 4: August 2, 2025 – August 1, 2026

F.2 DELIVERABLES

See attachments

F.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.242-14 Suspension of Work (APR 1984)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 AUTHORITIES OF GOVERNMENT PERSONNEL

Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of this contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government's points of contact during the performance of this contract:

Contracting Officer Name: Ryan Boisvert Phone: 413-253-8531 Email: ryan_boisvert@fws.gov

All communications pertaining to contractual and/or administrative matters under this contract shall be sent to:

Contract Specialist Name: Ian Young Phone: (612) 713-5214 Email: Ian_a_young@fws.gov

G.2 RESPONSIBILITIES OF THE CONTRACTING OFFICER'S REPRESENTATIVE

(COR)

Contracting Officer's Representative Name: TBD at the task order level Address: TBD at the task order level Phone: TBD at the task order level Email: TBD at the task order level mailto:ryan_boisvert@fws.gov mailto:Ian_a_young@fws.gov

Note: The Contracting Officer is the only individual authorized to modify the contract.

G.2.1 The COR’s authorities and responsibilities are defined in the COR’s Designation Letter.

The COR is authorized to clarify technical requirements, and to review and approve work which is clearly within the scope of work. The COR is NOT authorized to issue changes or modify the scope of work in any way.

G.2.2 The COR is responsible for verifying the Contractor’s compliance with the technical specifications, drawings, work schedule, and labor provisions at the site of the work.

G.3 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(a) For each construction contracts of $750,000 or more, and for each contract terminated for default regardless of the contract value, the U.S. Department of Interior or Forest Service will submit an electronic record of contractor performance on this contract in the Contract Performance Assessment Reporting System (CPARS) at https://www.cpars.gov/. The DOI/FS has implemented the Contractor Performance Assessment Reporting System (CPARS) to submit performance evaluations. One or more past performance evaluations will be conducted on this contract in order to record contractor performance.

(b) The past performance evaluation process is a paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the CPARS for Government use in evaluating past performance as part of a source selection action.

(c) The Contractor must furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to past performance evaluation(s) for this contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Government Assessing Official. The report information must at all times be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions.

Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may also be found at this site.

(e) Within 60 days after the end of a performance period, the Government Assessing Official (AO) for the contract will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in CPARS and your comments must focus on objective facts in the AO's rating, narrative and your performance of the contract. In addition to the ratings and supporting narratives, review the accuracy of all information in the evaluation, as it includes key fields that will be used by the Government to identify the Contractor in future source selection actions. If you elect not to provide comments, acknowledge receipt of the evaluation by indicating "No comment" in Block 22 along with signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated:

"The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPARS.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason the form cannot be viewed and/or submitted through CPARS, contact the AO for instructions.

(2) Strictly control access to the evaluation within your organization, and ensure the evaluation is never released to persons or entities outside of their control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, send a request in writing to the AO no later than seven days following the date the DOI/FS submits an evaluation to CPARS.

(h) If the parties cannot resolve any disagreement in the content of the past performance evaluation, the original evaluation as well as your comments will be referred to the Reviewing Official (RO). The RO will make a final determination on the performance evaluation.

(i) The completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting future source selection actions after it has been finalized.

(End of clause)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 TYPE OF CONTRACT

This is a firm fixed priced, indefinite delivery, indefinite quantity contract which provides for an indefinite quantity, within stated limits, of specific services to be furnished during a fixed period, with deliveries to be scheduled by placing task orders with the A&E Firm. Task orders will be issued on a fixed-price basis using the fixed unit labor rate pricing stated in the Rate Schedule of the contract and the negotiated level of effort.

H.2 CONTRACT PERFORMANCE PERIOD

The Contract period shall include a base period of one (1) year with options for four (4) additional one (1) year periods for a total of five (5) years from the date of contract award.

Task orders may be placed against this contract from the date of contract award through the completion date. If a task order is awarded prior to the expiration date of the contract, the task order must be completed within 365 days.

H.3 ESTIMATES OF REQUIREMENTS

Total contract amount is estimated at $50 million over 5 years. Typical task orders may range between (estimated) $3,500 to $1,000,000. The total of individual task orders placed against the contract shall not exceed $10 million. The guaranteed minimum for the entire contract term (including option years) is $500 and will be satisfied by the award of the initial task order. This is presented for information purposes only and contract awards do not guarantee work or a dollar amount to the firm other than the initial $500 minimum guarantee. The initial $500 minimum guarantee will be paid before the expiration of Option Year 1 of the contract unless the firm has received a task order. Once a task order has been awarded, the $500 minimum guarantee will be de-obligated from the IDIQ contract as a unilateral modification by the Contracting Officer.

H.4 FUNDING OF TASK ORDERS

This IDIQ contract is funded only with the initial $500 minimum guarantee. Funds for task orders will be allocated as each project is initiated and the Government identifies the project requirements. A firm fixed price task order will be issued in accordance with the below procedures outlined below in E - Task Order Procedures.

H.5 TASK ORDER BUREAU REQUIREMENTS

The Terms and Conditions included in this contract are the mandatory terms and conditions that must be met for all Task Orders. Each bureau issuing Task Orders from this contract may include additional terms and conditions that apply to their bureau or project. The CO must include and clearly identify any additional terms and conditions when issuing a Request for Proposal.

H.6 A&E TASK ORDER COMPETITIVE PROCEDURES

Step 1: For each new task order requirement, the participating bureau shall designate a chairperson to perform the evaluation. Chairperson shall have experience in architecture, engineering, construction, and Government related acquisition matters.

Step 2: Chairperson shall develop selection criteria by providing a description of the qualification-based attributes that are required and desired in the firm that will be selected.

Step 3: Chairperson shall review SF330’s of each of the A&E IDIQ firms which received an IDIQ contract for the state/location services are needed. Chairperson shall evaluate and document in writing the evaluation in accordance with the following qualifications-based factors:

1. Professional qualifications necessary for satisfactory performance of required services

(Review of SF330’s);

2. Specialized experience and technical competence in the type of work required (Review of

SF330’s);

3. Capacity to accomplish the work in the required time (Question during discussions); and

4. Past performance on contracts/task orders. (Review of CPARS)

Step 4: Chairperson shall hold discussions with at least three of the most highly qualified firms regarding concepts and the relative utility of alternative methods of furnishing the required services. It is expected, but not required, that discussions be performed in writing by emailing each firm a list of questions for firms to provide written responses and send back to the Chairperson.

Step 5: Chairperson shall then prepare an evaluation report for the Contracting Officer recommending, in order of preference, at least three firms that are considered to be the most highly qualified to perform the required services. The report shall include a documentation of the discussions and evaluations conducted by the Chairperson to allow the Contracting Officer to review the considerations upon which the recommendations are based.

Step 6: Contracting Officer will review the evaluation report to confirm the evaluation process was consistent with the steps listed above. If determined not to be consistent with the evaluation process above the Contracting Officer shall send back to the Chairperson to correct the report or for re-evaluation.

Step 7: Contracting Officer will then issue a Task Order Request for Proposal to the most highly qualified firm to provide a cost proposal. Once the cost proposal is received, the Contracting Officer will provide to the Chairperson.

Step 8: Chairperson shall review and compare to the Independent Government Cost Estimate and the parent IDIQ contract Labor Category Rates and then provide an analysis to the Contracting Officer to establish a negotiation position, or document the Price as fair and reasonable.

Step 9: Contracting Officer will then:

1. Enter negotiations with the A&E firm to come to a mutually satisfactory price. If a mutually satisfactory price cannot be negotiated, the contracting officer shall notify the firm that negotiations have been terminated. The contracting officer shall then initiate negotiations with the next firm on the final selection list. This procedure shall be continued until a mutually satisfactory contract has been negotiated. Or;

2. Make the final source selection decision and document supporting rationale prior to task order award.

Changes in cost or in specifications must be by written modification and signed by the CO only.

Work shall not begin and changes shall not be made without written authorization of the CO.

H.7 LABOR RATES FOR PRICE PROPOSALS

The firm’s price proposal shall be based on the contract labor rates contained in the Rate Schedule.

The firm’s price proposal shall be developed based on the schedule of work, level of effort, and the pre-established rate schedules.

Price proposals for task orders, whose schedule of performance will be wholly or substantially complete within the year in which the task order is executed, shall be priced based on the labor rates in effect during that year.

Price proposals for task orders, whose schedule of performance spans substantially beyond the year in which the task order is executed, shall be priced based on the labor rates for the year in which the task order was issued.

H.8 REPORTING REQUIREMENTS

The services performed by the firm will be subject to review and examination by the Government at any place where such work is being performed. The Government will have the right to reject inaccurate or substandard services. The firm shall satisfactorily correct and replace all rejected services without additional cost to the Government.

Schedule Compliance:

1. Time of performance is important. Each task order will establish a schedule for completion.

Failure by the firm to diligently prosecute their work to successfully meet the required delivery dates will be sufficient grounds for the CO to terminate the task order and/or this contract.

2. The completion dates may be extended in the event performance is delayed due to causes beyond the control and without the fault or negligence of the firm as determined by the CO.

The contractor should not perform work outside the period of performance without written authorization.

H.9 FEE LIMITATION

The six percent (6%) fee limitation (fee is limited to six percent (6%) of estimated construction costs) for A/E services applies only to the actual preparation of final designs, drawings, and specifications. Any services which are not integral part of the production of drawings and specifications may be excluded for the fee limitation. Such excluded services may include soil borings, topographic and boundary surveys, consultant services, or design models and analysis, and cost estimates.

H.10 KEY PERSONNEL

The personnel listed below are considered essential to the work being performed. Prior to removing, replacing, or diverting any of the specified individuals, the firm shall notify the CO at least 90 days in advance and shall submit justification (including proposed substitutions) insufficient detail to permit evaluation of the impact on the contract. No replacement, substitution, or diversion shall be made by the firm without the written consent of the CO. The list of Key Personnel may be amended with the written consent of both parties.

Required disciplines include, but are not limited to:

Project Manager*, Architect*, Civil Engineer*, Mechanical Engineer*, Electrical Engineer*, Structural Engineer*, Fire Protection Engineer*, Geotechnical Engineer*, Environmental Engineer*, Hydrologist*, Cost Estimator

H.11 RELEASE OF INFORMATION / ORGANIZATIONAL CONFLICTS OF

INTEREST

The firm shall not disclose information pertaining to the services performed under this contract to anyone other than the Department of the Interior or Forest Service or other personnel authorized by the CO.

H.12 GOVERNMENT FURNISHED MATERIALS

Individual task orders may indicate materials that will be supplied to the firm for reference in performance of the specified tasks. Those materials could include technical data, drawings, specifications, Government standards, procedures, guidelines, instructions, and other materials which will be furnished to the firm on a loan basis and shall be returned upon completion of the project unless noted otherwise. The firm shall exercise extreme care while reviewing Government data and materials to prevent their loss or damage.

H.13 LIMITATION ON CONTRACTING FOR CONSTRUCTION WORK

Award of a task order for A/E services for a particular project as described in the contract and the award of a contract for related construction work to the same firm, a parent firm, or its sub-consultants are prohibited. The A/E shall decline to enter into negotiations for any contract, if the firm, its parent firm, or sub-consultants intend to compete for the related construction contract.

H.14 PROTECTION OF HISTORICAL AND ARCHAEOLOGICAL DATA

Cultural Resource Study - Federal legislation provides for the protection, preservation, and collection of scientific, prehistorical, historical, paleontological, and archaeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project. Once the locations for the proposed exploration trenches have been selected; the firm shall notify the COR who will furnish this information to the Regional Archaeologist. If the areas have not been previously inventoried for cultural resources, the Regional Archaeologist or their designated representative will examine the proposed locations for cultural resources.

Contractor Reporting - The A/E agrees that should it or any of its employees, during the performance of a task order, discover evidence of possible scientific, prehistorical, historical, archaeological data, it will notify the CO immediately, giving the location and nature of the findings. Written confirmation shall be forwarded within 2 working days. The A/E shall exercise care to avoid damage to artifacts or fossils uncovered during excavation operations and shall provide such cooperation and assistance as may be necessary to preserve the findings for removal or other disposition by the Department of the Interior.

Delays - Where appropriate by reason of a discovery, the CO may order delays in the time of performance, or changes in the work or both. If such delays or changes, or both, are ordered, the time of performance and task order price shall be adjusted in accordance with applicable contract clauses.

Subcontracts - The A/E agrees to insert the above sections of paragraph N, "Protections of Historical and Archaeological Data" in all subcontracts which involve the performance of work on the terrain of the Task Order site.

Costs - Except as otherwise provided above, the cost of complying with the above sections of paragraph N shall be included in the prices stated in the Rate Schedule for other items of work.

H.15 TRAVEL

All travel will be reimbursed completed in accordance with the Federal Travel Regulation (FTR) and per diem rates for each locality visited.

H.16 CONTRACT ADMINISTRATION DATA

CONTRACT ADMINISTRATOR

Ian Young Construction/A&E Operations Joint Administrative Operations | U.S. Fish & Wildlife Service Ian_a_Young@fws.gov | office (612) 713-5214 mailto:Ian_a_Young@fws.gov

SECTION I – CONTRACT CLAUSES

CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

52.202-1 Definitions (JUN 2020) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-13 Contractor Code of Business Ethics and Conduct (JUN 2020) 52.203-14 Display of Hotline Poster(s) (JUN 2020) 52.203-16 Preventing Personal Conflicts of Interest (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform Employees of Whistleblower Rights (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-15 Service Contract Reporting Requirements for Indefinite Delivery Contracts (OCT

2016) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (AUG 2020) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (JUN 2020) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.210-1 Market Research (JUN 2020) 52.215-2 Audit and Records -- Negotiation (JUN 2020) 52.215-8 Order of Precedence—Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 Utilization of Small Business Concerns (OCT 2018) https://www.acquisition.gov/browse/index/far

52.219-28 Post Award Small Business Program Representation (NOV 2020) 52.222-3 Convict Labor (JUN 2003) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (APR 2016) 52.222-35 Equal Opportunity for Veterans (JUN 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 Employment Reports on Veterans (JUN 2020) 52.222-40 Notification of Employee Rights Under National Labor Relations Act (DEC 2010) 52.222-41 Service Contract Labor Standards (AUG 2018) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment

(Multiple Year and Option Contracts) (AUG 2018) 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(MAY 2014)

52.222-49 Service Contract Labor Standards—Place of Performance Unknown (May 2014) 52.222-50 Combating Trafficking in Persons (OCT 2020) 52.222-54 Employment Eligibility Verification (OCT 2015) 52.222-55 Minimum Wages under Executive Order 13658 (NOV 2020) 52.222-62 Paid Sick Leave under Executive Order 13706 (Jan 2017) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction

Contracts (SEP 2013) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction

Contracts (AUG 2018) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.227-1 Authorization and Consent (JUN 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020) 52.232-10 Payments under Fixed-Price Architect-Engineer Contracts (APR 2010) 52.232-16 Progress Payments (JUN 2020) Alt 1 (MAR 2000) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (OCT

2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (MAY 2014) Alt 1 (DEC 1991) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.236-5 Materials and Workmanship (APR 1984) 52.236-23 Responsibility of the Architect-Engineer Contractor (APR 1984) 52.236-24 Work Oversight in Architect-Engineer Contracts (APR 1984) 52.236-25 Requirements for Registration of Designers (JUN 2003) 52.242-13 Bankruptcy (JUL 1995) 52.243-1 Changes – Fixed Price (AUG 1987) – Alternate III (APR 1984) 52.244-2 Subcontracts (JUN 2020) 52.244-4 Subcontractors and Outside Associates and Consultants (Architect-Engineer

Services) (AUG 1998) 52.244-6 Subcontracts for Commercial Items (NOV 2020) (DEVIATION APR 2020) 52.245-1 Government Property (JAN 2017) - Alt 1 (APR 2012)

52.245-9 Use and Charges (APR 2012) 52.248-2 Value Engineering – Architect-Engineer (MAR 1990) 52.249-7 Termination (Fixed-Price Architect-Engineer) (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.

3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

http://uscode.house.gov/

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

CLAUSES APPLICABLE ONLY TO DOI TASK ORDERS

I.2 ELECTRONIC INCOIVING AN PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP) (April 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

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

1. Vendor generated invoice

2. Release of claims

3. Additional documents TBD at the task order level

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive https://www.ipp.gov/ enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

(End of Local Clause)

I.3 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through the end date of each awarded option year.

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

(c) A delivery order or task order is considered “issued” when—

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

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

(3) If sent electronically, the Government either—

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

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

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

I.4 52.216-19 ORDER LIMITATIONS (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $10,000,000.00;

(2) Any order for a combination of items in excess of $10,000,000.00; or

(3) A series of orders from the same ordering office within seven (7) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

mailto:ippgroup@bos.frb.org

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within seven (7) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I.5 52.216-22 INDEFINITE QUANTITY (Oct 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 5 years after the end date of this contract.

I.6 52.216-32 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (Sep 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

[The ordering activity's contracting officer to insert the name, address, telephone number, and email address for the ordering activity's Ombudsman or provide the URL address where this information may be found.]

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

https://www.acquisition.gov/far/current/html/52_216.html#wp1115057 https://www.acquisition.gov/far/current/html/52_216.html#wp1115057

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

Alternate I.

(d) Contracts used by multiple agencies.

(1) This is a contract that is used by multiple agencies. Complaints from Contractors concerning orders placed under contracts used by multiple agencies are primarily reviewed by the task-order and delivery-order Ombudsman for the ordering activity.

(2) The ordering activity has designated the following task-order and delivery-order Ombudsman for this order:

[The ordering activity's contracting officer to insert the name, address, telephone number, and email address for the ordering activity's Ombudsman or provide the URL address where this information may be found.]

(3) Before consulting with the task-order and delivery-order Ombudsman for the ordering activity, the Contractor is encouraged to first address complaints with the ordering activity's Contracting Officer for resolution. When requested by the Contractor, the task-order and delivery-order Ombudsman for the ordering activity may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

I.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (Mar 2000)

(a) The Government may extend the…