B.08 Cathodic Protection Solicitation 21R5000 6.16.21.pdf

SEE ADDENDUM

(No Collect Calls)

W912HP21R5000 16-Jun-2021

b. TELEPHONE NUMBER

843-329-8235

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 15 Jul 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912HP9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

WALTER L GORDON

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

PROGRAMS & PROJECT MGMT DIV

69-A HAGOOD AVENUE

CHARLESTON SC 29403-5107

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

843-329-2331FAX:

TEL: 843-329-8049 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

541330

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF61

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 9,900,000 Job Cathodic Protection Services-Base YearFFP

Cathodic Protection Services Services in accordance with Section C Statement ofWork. Funding will be provided on each task order. Remaining capacity will roll forward to each subsequent performance period

FOB: Destination

PSC CD: C1JZ

NET AMT

1001 Job OPTION Cathodic Protection--1st Option YearFFP

Cathodic Protection Services Services in accordance with Section C Statement of Work. Funding will be provided on each task order. Remaining capacity will roll forward to each subsequent performance period

2001 Job OPTION Cathodic Protection Services-2nd OptionFFP

Cathodic Protection Services Services in accordance with Section C Statement ofWork. Funding will be provided on each task order. Remaining capacity will roll forward to each subsequent performance period

PRICING NOTE

NOTES FOR CONTRACT LINE ITEM (CLIN) SCHEDULE

NOTE NO. 1. To better facilitate the receipt and proposal process, all modifications to proposals are to be submitted on copies of the latest Contract Line Item (CLIN) schedules as published in the solicitation or the latest amendment thereto.

NOTE NO. 2. The hourly rate proposed on this price breakout schedule will become binding upon award of the life of the Contract and must be used on each subsequent task order. Adherence to these rates will be reviewed through submission of supporting documentation with each task order proposal, including seed task order.

NOTE NO. 3. The number of hours for each discipline are estimated and are only used to approximate the total estimated cost for price evaluation purposes. Rates will not be re- negotiated should the level of effort exceed these estimated quantities. Please see FAR Clauses 52.216-19 Order Limitations and 52.216-22 Indefinite Quantity for information regarding the contract minimums and maximums.

NOTE NO. 4. The hourly rates for prices listed above shall include all direct costs, fringe benefits, and overhead, but exclude profit. Profit will be negotiated per Task Order.

NOTE NO. 5. The prices labor categories and other direct costs not previously negotiated for this contract will be negotiated per task order as needed.

PRICING BREAKOUT

PRICE BREAKOUT SCHEDULE

BASE PERIOD

PRICE BREAKOUT SCHEDULE – CONTRACT LINE ITEMS (CLIN)

Line Item No. Description Quantity Unit Unit Price Amount

0001 Program Manager 500 HR $ 0002 Project Engineer 2400 HR $

0003 Corrosion Engineer 1600 HR $

0004 Drafter 150 HR $

0005 Clerical 910 HR $

Base Period Total:

OPTION PERIOD 1

1001 Program Manager 500 HR $ 1002 Project Engineer 2400 HR $

1003 Corrosion Engineer 1600 HR $

1004 Drafter 150 HR $

1005 Clerical 910 HR $

Option Period 1 Total: $_______________________________________________

OPTION PERIOD 2

2001 Program Manager 500 HR $ 2002 Project Engineer 2400 HR $ 2003 Corrosion Engineer 1600 HR $ 2004 Drafter 150 HR $ 2005 Clerical 910 HR $

Option Period 2 Total: $______________________________________

Total Price (Base Year- 2nd Option Year) $________________________

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK (SOW)

CATHODIC PROTECTION AND CORROSION CONTROL OF DEPARTMENT OF DEFENSE

FACILITIES

LOCATED AT VARIOUS MILITARY INSTALLATIONS WORLDWIDE

1.0 INTRODUCTION

This scope of work is to perform Cathodic Protection (CP) surveys and corrosion control actions primarily for petroleum facilities located at Defense Fuel Support Points (DFSPs) and United States (US) and overseas military installations that store petroleum products that have been capitalized by the Defense Logistics Agency - Energy

(DLA-E).

Specific requirements are addressed in Section 2.0

2.0 Specific Requirements

In accordance with UFGS 26 42 17.00 10 Section 1.3.7, obtain the services of a "corrosion expert" and conduct an annual CP Survey. Task Orders under this contract will require these services annually at around one hundred, primarily Army Installations, worldwide. The first modification will include around 34 installations. Services are needed to assure that sufficient protection is provided to all structures requiring CP and to ensure compliance with federal, state, and local regulations. If repairs cannot be accomplished, per the contract requirements, the contractor shall notify the Contracting Officers Representative (COR) immediately.

Per contract task orders, the contractor shall survey all structures with installed CP systems and shall determine if other structures require CP per applicable codes, or as prescribed in the UFC. Additionally, the contractor is to determine if other structures that do not have or require CP may benefit economically from its application. For instance, piers and sheet piles do not generally require CP but the application of CP will greatly increase the structures life and therefore is beneficial. Economic analysis should be performed to determine if this benefit is warranted. Documentation of all findings shall be included in the survey report.

The contractor is to interview local staff and research plan file documents to determine existing site conditions. This information is especially relevant in performing subsequent CP projects that may include additional surveys, construction, on the job training and the preparation of operation & maintenance manuals. Field surveys shall also include meetings with local staff and a debriefing before departure.

Reports: Upon completion of the field survey at each installation, the contractor shall provide a report in pdf format documenting the complete CP inventory and an annual condition assessment of each CP system’s operability, effectiveness, and maintainability. In addition to information pertaining to the surveyed facilities, the report shall include local or relevant points of contact and recommendations for protecting the existing facilities from corrosion and/or restoring these CP systems to optimal operating conditions.

Unless otherwise stated within individual task orders, the contractor shall provide a “draft” report for review which shall document the complete CP inventory and the annual condition assessment of all CP systems to include their operability, effectiveness and maintainability within a time duration of 30 days after the field survey is complete.

All recommended repairs shall include detailed cost estimates. The report shall provide a section related to compliance that will address the regulatory compliance requirements for the installation. It shall also report if the requirements are being satisfied; and if not, recommend actions required to comply with these requirements. Local or state regulatory forms may be required and shall be completed during the survey and provided to the installation as directed. These shall also be included in the survey reports. Upon receipt of all comments (or a three-week review period) the contractor shall submit a “final” report incorporating or addressing all the review comments.

One the first business day of each month, the contractor is to provide monthly updates on the progress of the contracted tasks, and execution plans/schedules.

3.0 CONTRACTOR SERVICES AND RESPONSIBILITY

3.1 Services

The services extend from task order award through project completion.

The work shall be completed in accordance with this Scope of Work, task order requirements, and all appropriate federal, state, and local regulations.

The work shall conform to all Status of Forces Agreements (SOFA).

3.2 Release of Information

Neither the Contractor, nor any employee of said firm, shall publicize, or release in any manner, information or data regarding projects on which they may be working or negotiating with this office. Similarly, they shall not discuss prior to public release by this office, a project, any future project/program, or any planning with anyone not directly concerned with the project. Any inquiries regarding these matters shall be referred to the Contracting Officer (KO) or the Contracting Officer’s Representative (COR), unless otherwise directed by individual task orders.

3.3 Price Proposal Requirements

The Contractor shall furnish a price proposal covering each task in the scope of work for each separate location.

The costs for each task shall be shown separately such that the Government may evaluate the proposed cost for each separate item.

4.0 Security

Department of Defense (DoD), DFSP Security Regulations and Regulations

The contractor and its duly authorized representatives shall comply with all security regulations, including photography. Personnel, vehicles & equipment are subject to search at any time while on military installations, including egress and ingress. The contractor shall coordinate with the Installation POC or with the USACE program manager for information concerning badges and vehicle passes as soon as the contract is awarded and prior to mobilization. Generally, a period of two weeks to one month is required by an installation once they receive the necessary documentation such as name; date and place of birth; social security number; nationality; home address and phone number; office address and phone number; and present position in the company. This information is required for security purposes and will not be shared outside of need to know and is subject to the Privacy Act.

4.1 AT Level 1 Training

All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via Memorandum.

4.2 Access and General Protection/Security Policy and Procedures.

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

4.2.1 For Contractors Requiring Common Access Card (CAC)

The contractor and all sub-contractors employees will be issued a CAC only if duties involve one of the following:

(1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an interim CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.”

4.2.2 For contractors who do not require a CAC but require access to a DoD facility or installation.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

4.3 AT Awareness Training for Contractor Personnel Traveling Overseas

All US based contractor employees and associated sub-contractor employees traveling overseas will receive the government provided AOR specific AT awareness training. The documentation of training completion must be provided to the COR prior to departure.

4.4 Suspicious Reporting Training (e. g. iWATCH, CorpsWatch, or See Something, Say Something)

The con tractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

4.5 Contractor Employees Who Require Access to Government Information Systems

All contractor employees with access to a government info system must be registered in the Army Training Certification Tracking System (ATCTS) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the information systems and then annually thereafter in accordance with personnel security standards listed in AR 25-2 (Information Assurance), an appropriate background investigation will be conducted prior to accessing the government information systems.

4.6 For Contracts that Require OPSEC Training

All new contractor employees will complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all contractor employees must complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites: https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

4.7 For Information Assurance (IA)/ Information Technology (IT) Training.

All contractor employees and associated sub-contractor employees must complete the DoD IA awareness training before issuance of network access and annually thereafter. All contractor employees working IA/IT functions must comply with DoD and Army training requirements in DoDD 8570.01, DoD 8570.01-M and AR 25-2 within six months of employment.

4.8 For Information Assurance (IA)/ Information Technology (IT) Certification.

"All contractor employees supporting IA/IT functions shall be appropriately certified upon contract IAW DoD 8570.01-M, DFARS 252.239-7001 and AR 25-2. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award."

4.9 Pre-Screen Candidates using E-Verify Program

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

5.0 Safety

Within the confines of military installations, the contractor shall comply with the most recent version of the U. S.

Army Corps of Engineers Safety Handbook, EM-385-1-1. They shall also conform to local safety requirements by Installation Commanders, or their appointed representatives (i.e. base safety officers). While performing under this contract off-base, the contractor shall comply with the applicable local and federal safety codes Public Law 91‐596, Occupational Safety and Health Act (OSHA) and EM-385-1-1 (the most recent version).

5.1 Accident Prevention Plan (APP)

The Contractor shall prepare an Accident Prevention Plan (APP) and shall be followed by all contractor employees in performance of this contract. The APP shall follow the format and cover all topics as delineated in Appendix A of EM-385-1-1. The APP shall incorporate Activity Hazard Analyses (AHAs) and Situation Specific Safety Plans that are relevant to the site-specific hazards and controls for each activity and type of work that may be encountered in performance of work. Detailed requirements for AHAs and Hazard Specific Safety Plans are provided below.

The Contractor’s APP shall be submitted to the KO within 10 calendar days after contract award for acceptance.

The Contractor shall review, update and submit the revised APP to the KO annually and within 15 days whenever a change in work conditions, hazards, or activities occur.

5.1.1 Activity Hazard Analysis (AHA)

The Contractor shall prepare Activity Hazard Analyses (AHAs) for all common recurring work activities performed under this contract. AHAs shall be submitted with the APP and shall be updated as work activities or conditions change and additional AHAs prepared as new work activities are required.

5.1.2 Accident and Damage Reporting

The contractor shall report all damage, accidents, mishaps, and near misses to the KO or COR immediately after any incident.

6.0 Permitting and Waivers

It is the responsibility of the contractor to obtain all applicable permits and/or waivers for execution of work.

Typical permits include: “hot” permits for exothermic welds or the use of spark-generating devices such as sanders;

dig permits which typically require a 2-3 weeks prior notice. A typical “waiver” may be required to perform work in a flight zone or airfield where restrictions on height or personnel may preclude common work schedules.

7.0 GENERAL REQUIREMENTS AND STANDARDS

7.1 Coordination

The Contractor shall coordinate the work through Charleston District USACE POC. During the execution of the work under this scope, the Contractor shall keep in close liaison with the Charleston District USACE POC. The Charleston District USACE POC will provide coordination of the work with other agencies. All requests made to the Contractor by other agencies will be referred to the Charleston District USACE POC for action.

7.2 Army Installations

Coordination with the Department of Public Works at Army Installations is generally required for Army sites. In addition, coordination with the Post Fuels Office must be performed. Consultation with the Program Manager for these sites is required. For projects at other than Army Installations, coordination will be conducted with relevant points of contact for those projects.

8.0 Government Point of Contact

US Army Corps of Engineers - SAC Edwin D. Piedmont, P.E., CPS, Cathodic Protection Project Manager Edwin.d.piedmont@usafe,army.mil; O: (843) 329-8127; M: (843) 957-0649

8.1 Payment Estimates

8.1.1 Payment Estimates. ENG Form 93 shall be used. The form is found online at http://www.nan.usace.army.mil/business/buslinks/contract/ae/ENGForm93.pdf. All pay estimates shall be submitted by email to Cynthia Ruddy at cynthia.ruddy@usace.army.mil.

8.1.2 Prior to email submittal of the initial pay estimate, the contractor shall submit a test email to and receive a response from Cynthia Ruddy to validate proper email function. If no response is received, contact Cynthia Ruddy at 843-329-8138 or the COR for resolution.

8.1.3 Final Payment. When submitting for final payment, include a Release of Claims Statement on the ENG Form 93. The following statement is acceptable:

“The work under the above numbered task order having been completed and finally accepted, I hereby release the United States of America, it’s officers and agents from all claims whatsoever arising under or by virtue of this contract upon payment of a balance due of $____________.”

9.0 Government Furnished Resources.

Unless otherwise stated in individual task orders, the Government will furnish no equipment or property in the performance of this contract. The contractor shall provide all equipment, facilities, materials, parts, and components to perform the requirements of this contract.

10.0 Quality Control.

The contractor is responsible for ensuring all work conforms to contract and task order requirements. As part of ensuring conformance, the contractor shall have an effective and efficient means of identifying and correcting problems for all work performed under this contract. The contractor’s quality control measures should include (but is not limited to) the following measures:

Accurate documentation of work processes, procedures, and output.

Systematic procedure(s) for assessing compliance with performance objectives identified in this contract and all task orders under this contract.

Documentation of quality control inspections conducted throughout the execution of work.

Timely corrective actions and process adjustments, as appropriate.

Review of Progress and Technical Adequacy - At appropriate times, representatives of the Contracting Officer may review the progress and technical adequacy of the work. Such review will not relieve the Contractor from performing all contract requirements.

11.0 SUBMITTALS

Unless otherwise stated in individual task orders, submittals to be remitted electronically (paperless). Hard copy submittals may be submitted to the following address.

U.S. Army Corps of Engineers Charleston District ATTN: TS-EN Cynthia Ruddy 69A Hagood Ave Charleston, SC 29403

12. CONTRACTOR MANPOWER REPORTING

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor shall report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address https://cmra.army.mil.

Note: The Contractor shall include the following information for this task order as part of the manpower reporting for the overall contract:

a. Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative

b. Contract number, including task and delivery order number

c. Beginning and ending dates covered by reporting period

d. Contractor name, address, phone number, e-mail address, identity of contractor employee entering data

e. Direct labor hours (including subcontractors)

f. Direct labor dollars paid this reporting period (including sub-contractors)

g. Total payments (including subcontractors)

h. Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each subcontractor) if different

i. Estimated data collection cost

j. Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring

Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of Reporting this information)

k. Locations where contractor and subcontractors perform the work (specified by zip code in the United States and nearest city, country)

l. Presence of deployment or contingency contract language; and Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year.

m. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor’s systems to the secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the XML direct transfer may be downloaded from the web site.

13.0 PERIOD OF PERFORMANCE

The period of performance for the work under this Scope is specified for each task order. Generally, the period of performance is 365 days from the date of task order award. However, a shorter duration may also be required for an urgent project. The contractor will develop a specific schedule in coordination with the USACE program manager and per the task order requirements.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees 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 52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.204-3 Taxpayer Identification OCT 1998 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 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

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.212-2 Evaluation - Commercial Items OCT 2014 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 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 the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 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 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 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

52.223-19 Compliance with Environmental Management Systems MAY 2011 52.227-1 Authorization and Consent JUN 2020 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment 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 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.245-1 Government Property JAN 2017 52.246-25 Limitation Of Liability--Services FEB 1997 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.242-7000 POST AWARD CONFERENCE MAY 2007

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JAN 2021)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

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

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

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form.