B.08 W912PL23R0019 SOLICITATION 22Aug23.pdf

RFP No. W912PL23R0019

U.S. ARMY CORPS OF ENGINEERS

LOS ANGELES DISTRICT

INDEFINITE DELIVERY INDEFINITE QUANTITY

(IDIQ) SINGLE AWARD TASK ORDER

CONTRACT (SATOC)

FLOOD RISK MANAGEMENT MAINTENANCE

SERVICES LOS ANGELES DISTRICT (SPL)

Various Location: California, Arizona, and Nevada

Request for Proposal

8(a) SMALL BUSINESS SET-ASIDE

Aug 2023

CODE

(Hour)

PAGE(S)

until local t ime

X

A X B

C D

EX

X G F 20

H

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

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

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912PL 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

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

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

4 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 5 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

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

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

6 - 19

PART II - CO NTRACT CLAUSES

USACE, LOS ANGELES DISTRICT

915 WILSHIRE BLVD, SUITE 1109

LOS ANGELES CA 90017

213-452-3242

213-452-4187FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912PL23R0019

X X

XX

23 AUG 2023

1 electronic copy

Propsal shall be submitted electronically. Section L Par. 2 2 pm 21 Sep 2023

DOMINIC M. PEBENITO 213-452-3243 Dominic.M.Pebenito@usace.army.mil

INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ) W912PL23R0019

SINGLE AWARD TASK ORDER CONTRACT

FLOOD RISK MANAGEMENT (FRM)

Certification Page

CERTIFICATE OF OFFEROR’S

PRINCIPAL

(1) IF THE OFFEROR IS PARTNERSHIP OR JOINT VENTURE, LIST FULL

NAME OF ALL PARTNERS/ JOINT VENTURERS (Add addendum as necessary):

(Company Name) (Signature) (Title)

(2) IF THE OFFEROR IS A CORPORATION, THE FOLLOWING CERTIFICATION

SHOULD BE COMPLETED:

CERTIFICATION AS TO CORPORATE

PRINCIPAL

I, , certify that I am the Secretary of the corporation named as principal in the within contract; that , who signed the said contract on behalf of the principal, was the of the corporation; that I know the individual’s signature and that his/her signature is genuine;

and that said Offer was duly signed, sealed and attested for on behalf of said corporation by authority of its governing body.

CORPORATE PRINCIPAL

CORPORATE SEAL

SECRETARY

(3) IF THE OFFEROR IS A LIMITED LIABILITY COMPANY/PARTNERSHIP, LIST

FULL NAME OF ALL MANAGERS BELOW (Add addendum as necessary).

SIGNATURES BY ALL MANAGERS HERE SIGNIFY THAT THE INDIVIDUAL

WHO SIGNED THE OFFER IN BLOCK 16 OF THE SF 33 HAS THE AUTHORITY TO

BIND THE LIMITED LIABILITY COMPANY/PARTNERSHIP.

(Officer’s Name) (Signature) (Title)

(4) IF THE OFFEROR IS AN INDIVIDUAL DOING BUSINESS AS A FIRM, THE OFFER

SHALL BE SIGNED BY THAT INDIVIDUALIN BLOCK 16 OF THE SF 33

FOLLOWED BY THE WORDS “AN INDIVIDUAL DOING BUSINESS AS

____________________________________ (INSERT NAME OF FIRM).

(5) WHEN AN AGENT SIGNS THE OFFER, PROVIDE PROOF OF THE AGENT’S

AUTHORITY TO BIND THE PRINCIPAL

AUTHORIZED NEGOTIATORS

Offerors shall identify the individual(s) authorized to negotiate with the Government in connection with this solicitation. Complete the following table with the required information for each authorized negotiator:

NAMES &

TITLES

TELEPHONE NUMBERS EMAIL ADDRESSES

(End of provision)

FLOOD RISK MANAGEMENT (FRM)

SECTION B

Section B - Supplies or Services and Prices

AMOUNT

IDIQ SATOC

FFP

$49.5M Capacity for the Flood Risk Management (FRM) Maintenance Services primarily in support of the U.S. Army Corps of Engineers, Los Angeles. Period of Performance: five(5) years.

FOB: Destination

PSC CD: Z1PZ

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

0001 49,500,000 Job

FLOOD RISK MANAGEMENT (FRM)

Rates and General Services & Price/Costs

1. General Contract Information The U.S. Army Corps of Engineers (USACE) Los Angeles District requires a 5-year inspection and maintenance Service Contract for a total value of $49,500,000.00. The Contractor will be permitted by USACE to propose an annual inflation rate increase between 3.5% to 6.5% with their price proposal submittals for the subsequent years. This Service Contract will be a 5-year Indefinite Delivery, Indefinite Quantity (IDIQ) contract and will be awarded to provide for an indefinite quantity of supplies or services over a fixed period-of-time. General work requirements of this Performance Based Work Statement (PBWS) will be primarily performed within the USACE Los Angles District Operations and Maintenance (O&M) Area of Responsibility (AOR) for estuary, channels, levees, and flood control basins (FCB) within the Los Angeles County Drainage Area (LACDA), Santa Ana River Basin (SARB), Mojave Dam FCB, Santa Ana River Marsh (SARM), Arizona, and Nevada.

This Service Contract will have two levels of work requirements. Level 1 work requirements will be for five (5) years of this contract. Level 1 work requirements will be within the 92-acre Santa Ana River Marsh (SARM).

Level 2 work requirements will be performed on a Task Order (TO) basis. Level 2 work requirements will be performed in the SARM and other locations as described above and specified below in Section 1.2. Level 2 work requirements will be much larger in scope and work effort than the Level 1 work requirements. Level 1 work requirements must be completed on time and at the same level of effort monthly regardless of additional task orders awarded.

Please ensure the Offeror has NAICS code 562998 incorporated in their SAM registration at www.sam.gov.

Failure to have this NAICS code in SAM may result in not being considered for the award.

2. Eligibility

This procurement is designated as an 8(a) Small Business Set-Aside. Only eligible 8(a) certified small businesses are eligible to participate in this opportunity.

3. Total Amount of Contract The total amount of capacity awarded under this solicitation shall not exceed $49,500,000.00. There is no limit of the number of task orders that may be executed against this contract.

4. Guaranteed Contract Amount Guaranteed minimum amount of $2,500.00 will be awarded under this solicitation. The guaranteed minimum amount will be met with the obligation of the seed task order meeting or exceeding the guaranteed amount.

http://www.sam.gov/

5. Pricing

5.1. Binding Labor Rate Schedule. The Binding Labor Rates for use on this contract are provided in the following schedule:

BINDING LABOR RATE SCHEDULE

(LOS ANGELES COUNTY)

DISCIPLINE Base Period

(Year 1) Base Period

(Year 2) Base Period

(Year 3) Base Period

(Year 4) Base Period

(Year 5) Program Manager

Project

Quality Control

Certified Industrial Hygienist

Site Safety and Health Officer (SSHO)

Biologist Sampling Technician

Administrative Assistant

General Clerk

III

Secretary III Faller / Bucker Choker Setter Nursery Specialist

Tree Planter Gardener Laborer Grounds Maintenance

Pruner Tractor Operator (Skidsteer)

Photographer

IV

V

Computer Operator V

Heavy

FLOOD RISK MANAGEMENT (FRM)

Equipment Mechanic Heavy Equipment

Laborer

Trade Helper

Painter

Rigger Small Engine Mechanic

Welder, Combination, Guard I Guard II Drafter.CAD Operator IV

Engineering Technician IV

Technician V

Technician VI

Environmental

Truckdriver

Pest Controller

Surveying Aide

(ORANGE COUNTY)

DISCIPLINE Base Period (Year 1)

Base Period (Year 2)

Base Period (Year 3)

Base Period (Year 4)

Base Period (Year 5)

FLOOD RISK MANAGEMENT (FRM)

Control Manager Certified

Choker Setter

Laborer

FLOOD RISK MANAGEMENT (FRM)

Combination, Maintenance Guard I Guard II

(RIVERSIDE COUNTY)

DISCIPLINE Base Period (Year 1)

Base Period (Year 2)

Base Period (Year 3)

Base Period (Year 4)

Base Period (Year 5)

FLOOD RISK MANAGEMENT (FRM)

Technician

Choker Setter

Laborer

FLOOD RISK MANAGEMENT (FRM)

(SAN BERNARDINO COUNTY)

DISCIPLINE Base Period (Year 1)

Base Period (Year 2)

Base Period (Year 3)

Base Period (Year 4)

Base Period (Year 5)

Choker Setter

FLOOD RISK MANAGEMENT (FRM)

Tree Planter Gardener Laborer

FLOOD RISK MANAGEMENT (FRM)

(ARIZONA)

DISCIPLINE Base Period (Year 1)

Base Period (Year 2)

Base Period (Year 3)

Base Period (Year 4)

Base Period (Year 5)

Choker Setter

Laborer

FLOOD RISK MANAGEMENT (FRM)

(NEVADA)

DISCIPLINE Base Period (Year 1)

Base Period (Year 2)

Base Period (Year 3)

Base Period (Year 4)

Base Period (Year 5)

Choker Setter

Laborer

FLOOD RISK MANAGEMENT (FRM)

Equipment Operator Laborer

5.1.1. The hourly burdened labor rates proposed in Binding Labor Rate Schedule are binding upon contract award for the life of the SATOC.

5.1.2. The hourly burdened labor rates shall include direct cost, payroll taxes, insurance, benefits, and any other applicable labor costs, but shall exclude profit.

5.1.3. The binding hourly rates represent the maximum labor rates that the contractor shall use when responding to a Request for Task Order Proposal (RTOP) issued by the Government. These binding rates shall also apply to all modifications. The contractor may propose a lower hourly rate for these labor disciplines when responding to the RTOP based on the tasks identified in the RTOP or modification requests.

5.1.4. Adherence to these rates will be reviewed through submittal of supporting documentation by the contractor with each task order proposal. Failure to propose the binding hourly rate or a lower rate

FLOOD RISK MANAGEMENT (FRM)

for the listed labor disciplines may result in the Contractor’s task order proposal being rejected for award consideration.

5.1.5. If a discipline is not listed in the contract rate pricing schedule and is required for the contractor to perform a specific task order, the contractor may propose the required labor category and the associated fully burdened labor rate (exclusive of profit) in the proposal submitted in response to the issued RTOP.

5.1.6. If during the Contract Period of Performance, the Contractor’s original personnel are no longer available, the Contractor shall find personnel that have the same qualifications as the previous personnel. The Contractor shall be responsible for negotiating the labor rates for those personnel that have been provided in Binding Labor Rate Schedule. The rates provided in Binding Labor Rate Schedule are the maximum that will be paid by the Government for any replacement personnel.

5.1.7. The maximum rates shall be governed by the effective date of the Task Order. Task Orders will use the prices for the 12-month period effective on the date the Task Order is issued. Modifications to Task Orders will reflect the rates of the “current 12-month” binding labor rate schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issue on 1 September 2018 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2018. Under the same assumptions, if a modification to the Task Order is required in December 2018, the labor rates effective on 1 November 2018 will apply.

5.2. Binding Cap Rates. The Binding cap rates for use on this contract are provided in the following schedules:

BINDING CAP RATES (LOS ANGELES COUNTY CA.)

Base Period (Year 1)

Base Period (Year 2)

Base Period (Year 3)

Base Period (Year 4)

Base Period (Year 5)

Overhead Rate

G&A Rate _____% _____% _____% _____% _____% Annual Escalation

BINDING CAP RATES (ORANGE COUNTY CA.)

Base Period Base Period Base Period Base Period Base Period

FLOOD RISK MANAGEMENT (FRM)

(Year 1) (Year 2) (Year 3) (Year 4) (Year 5) Overhead Rate

G&A Rate _____% _____% _____% _____% _____% Annual

BINDING CAP RATES (SAN BERNARDINO/RIVERSIDE COUNTIES CA.)

(Year 1)

Base Period (Year 2)

Base Period (Year 3)

Base Period (Year 4)

Base Period (Year 5)

Overhead Rate

G&A Rate _____% _____% _____% _____% _____% Annual

BINDING CAP RATES (PINAL COUNTY AZ.)

(Year 1)

Base Period (Year 2)

Base Period (Year 3)

Base Period (Year 4)

Base Period (Year 5)

Overhead Rate

G&A Rate _____% _____% _____% _____% _____% Annual

BINDING CAP RATES (MARICOPA COUNTY AZ.)

(Year 1)

Base Period (Year 2)

Base Period (Year 3)

Base Period (Year 4)

Base Period (Year 5)

Overhead Rate

G&A Rate _____% _____% _____% _____% _____% Annual

BINDING CAP RATES (MOHAVE COUNTY AZ.)

(Year 1)

Base Period (Year 2)

Base Period (Year 3)

Base Period (Year 4)

Base Period (Year 5)

Overhead Rate

G&A Rate _____% _____% _____% _____% _____% Annual

BINDING CAP RATES (LINCOLN COUNTY NV.)

(Year 1)

Base Period (Year 2)

Base Period (Year 3)

Base Period (Year 4)

Base Period (Year 5)

Overhead _____% _____% _____% _____% _____%

FLOOD RISK MANAGEMENT (FRM)

Rate G&A Rate _____% _____% _____% _____% _____% Annual

5.2.1. The Binding Cap Rates represent 1) a breakout of the caps/markups incorporated into the

Binding Labor Rate Schedule; 2) caps/markups on materials/services; and 3) caps/markups to be applied to future task order modifications.

5.2.2. The Binding Cap Rates represent the maximum rates that the Contractor shall use when responding to a task order request issued by the Government. These Binding Cap Rates shall also apply to all modifications. The Contractor may propose lower rates for these when responding to the task order request or modification requests.

5.2.3. Adherence to these rates will be reviewed through submittal of supporting documentation by the

Contractor with each task order proposal. Failure to propose the binding rates or a lower rate may result in the Contractor’s task order proposal being rejected for award consideration.

5.2.4. The Binding Cap Rates shall be governed by the effective date of the Task Order. Task Orders will use the prices for the 12-month period effective on the date the Task Order is issued.

Modifications to Task Orders will reflect the rates of the “current 12-month” Binding Cap Rate schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issued on 1 September 2018 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2017. Under the same assumptions, if a modification to the Task Order is required in December 2018, the Binding Cap Rates effective on 1 November 2018 will apply.

5.3. Binding Profit Rate. The Profit rate shall be determined at the Task Order level.

5.4. General.

5.4.1. The amount to be paid to the Contractor for each firm-fixed price task order shall be based on the binding labor rates for the disciplines listed in Paragraph 5.1, the binding cap rates listed in Paragraph 5.2, the binding profit rate cap listed in Paragraph 5.3 and any proposed travel (which has been accepted by the Government) per Paragraph

5.4.2. Applicable Department of Labor Wage Rates (FAR 52.222-41) and Statement of Equivalent

Rates for Federal Hires (FAR 52.222-42) will be included at the individual task orders level when the site and location for the work is known.

5.4.3. The Government reserves the right to request information other than certified cost or pricing data from the contractor at the task order level to assess the reasonableness of the proposed task order pricing.

FLOOD RISK MANAGEMENT (FRM)

5.4.4. The Government will analyze task order proposals to determine whether they are unbalanced with respect to prices or separately priced line items. Task order proposals that are determined to be materially unbalanced may be rejected. An offer is mathematically unbalanced if it is based on prices, which are significantly less than the cost for some contract line items and significantly overstated in relation to cost for others. In addition, a proposal is materially unbalanced if it is mathematically unbalanced and there is a reasonable doubt that the offer would result in the lowest overall cost to the government, even though it is the lowest evaluated offer.

6. Department of Labor Wages

For the first Task Order, Orange County, CA Wage Determination No. 205-5645 and are included in Section J of this RFP. For individual task orders written against the contract, the appropriate Department of Labor Wage Determination and Statement of Equivalent Rates for Federal Hires will be provided.

7. Travel No per diem will be paid for travel by the Government.

No reimbursement for privately owned vehicles shall be paid by the Government.

-END OF SECTION-

FLOOD RISK MANAGEMENT (FRM)

SECTION C

SECTION C

Flood Risk Management (FRM) Maintenance Services Contract

Single Award Task Order Contract (SATOC) IDIQ U.S. Army Corps of Engineers (USACE) Los Angeles District

Performance Based Work Statement (PBWS)

Contract No. W912PL-23-D-XXXX

W912PL23R0019

1.0 General Contract Information

The U.S. Army Corps of Engineers (USACE) Los Angeles District requires Flood Risk Management (FRM) maintenance services. A Single Award Task Order Contract (SATOC), 5-year Indefinite Delivery, Indefinite Quantity (IDIQ), with an approved acquisition total dollar value not to exceed $49.5 million dollars. The inflationary rates will be calculated at between 3.5% and 5% percent annually. The main services required include inspection, reporting, bio-survey, management activities over the required service actions for FRM assets. General work requirements for this Performance Based Work Statement (PBWS) will be primarily conducted within the USACE Los Angles District (SPL) Operations and Maintenance (O&M) Area of Responsibility (AOR). The project locations include FRM SPL facilities such as: Marsh estuary, channels, levees, and flood control basins (FCB) within the Los Angeles County Drainage Area (LACDA), Santa Ana River Basin (SARB), Mojave Dam FCB, Santa Ana River Marsh (SARM), Arizona, and Nevada.

Note: Additional details of facilities and FRM services required will be provided as task orders are awarded.

This FRM Maintenance Service Contract will have a seed task order requirement. The seed requirements will be for the duration of the Base Year and subsequent award years of this contract. The seed task order requirements will be within the 92-acre Santa Ana River Marsh (SARM). Additional task order requirements will be performed on as environmental and project funds are made available and awarded by the Contracting Officer (KO). Task order requirements may be performed within the SARM or at other project locations as described above and specified below in Section 8.0. Most task order requirements will be generally much larger in scope and work effort than the seed task order. All task orders must be completed in such a manner that the Contractor provides the correct disciplines, expertise, and management so that projects can be issued without delays regardless of number of task orders awarded.

The Contractor will ensure that their monthly report contains the number of personnel increased or decreased to perform each task order awarded.

Ensure the Offeror has NAICS code 562998 incorporated in their SAM registration at www.sam.gov. Failure to have this NAICS code in SAM may result in not being considered for the award.

1.1 Contract Period of Performance (POP)

The period of performance (POP) for this contract is five (5) years from the date of award as outlined below.

http://www.sam.gov/

• Base Year – Fiscal Year (FY) 2024 beginning 01-October

• Base Year 1 – FY 2025

• Base Year 2 – FY 2026

• Base Year 3 – FY 2027

• Base Year 4 – FY 2028

1.2 Primary and Specific Work Locations

The primary project location for this PBWS is within Orange County, San Bernardino County and Los Angeles County California. Other project locations are identified in see Appendix A.

Specific work locations for other Level 2 work requirements are shown on Plate 01, Appendix B.

A current list of USACE Los Angeles District Base Yard and FCB addresses are listed in Appendix C. The Contractor will be provided with Google Earth KMZ files showing all work locations upon contract award by the Contracting Officer (KO).

1.3 General Work Requirements

Provide all labor, materials, equipment, transportation, supervision, and non-personal services and expertise and certifications to perform task orders to meet all performance requirement summary requirement standards for each task order. Work must be performed in accordance with all applicable national, state, and local codes. The Government will not provide any equipment or materials to the Contractor with the exception of USACE locks and keys for access gates and only upon the Contract award.

Maintenance will be performed in accordance with the applicable O&M manuals for each project location. The applicable O&M Manuals are the Draft Habitat Management Plan (HMP) for the SARM (Appendix A), 1999 LACDA Manual LADM-1130-2-13 (Appendix D), and 1964 Draft SARB Manual LADM 1130-2-14 (Appendix D). Vegetation-related maintenance and repair will be done in accordance with Engineering Pamphlet (EP) 1110-2-18, Guideline for Landscape Planting and Vegetation Management at Levees, Floodwalls, Embankment, Dams, and Appurtenant Structures within Appendix E. Additional, project manuals will be referenced or provided as task orders are awarded.

Note: The Appendix documents may be applicable to all projects under this FRM Maintenance Service Contract. The Contractor will refer to these documents regardless of whether these documents are provided subsequently with any future specific task order award. If any questions or conflicts arise from the documents the Contractor will request clarity from the COR prior to submitting a proposal. Additional Appendix documents may be added by the KO through a no cost modification as recommended by the COR as deemed necessary for continuous and successful project task order awards and completions.

2.0 SATOC Award Discipline Schedule for Anticipated Project Requirements

2.1 Rates and General Services & Price/Costs

A. Eligibility

This procurement is designated as an 8(a) Small Business Set-Aside. Only eligible 8(a) certified small businesses are eligible to participate in this opportunity.

1. Total Amount of Contract

The total amount of capacity awarded under this solicitation shall not exceed $49,500,000.00. There is no limit of the number of task orders that may be executed against this contract.

2. Guaranteed Contract Amount

Guaranteed minimum amount of $2,500.00 will be awarded under this solicitation. The guaranteed minimum amount will be met with the obligation of the seed task order meeting or exceeding the guaranteed amount.

3.0 Pricing

3.1 Binding Labor Rate Schedule. The Binding Labor Rates for use on this contract are provided in Section B of the solicitation documents:

3.2 Additional disciplines may be awarded to this contract upon mutual agreement between the Government and the Contractor after award based on the needs of additional task order requirements. Labor price for disciplines not listed will be negotiated prior to award of any additional task order.

3.2.1 The hourly burdened labor rates proposed in Binding Labor Rate Schedule are binding upon contract award for the life of the SATOC.

3.2.2 The hourly burdened labor rates shall include direct cost, payroll taxes, insurance, benefits, and any other applicable labor costs, but shall exclude profit.

3.2.3 The binding hourly rates represent the maximum labor rates that the contractor shall use when responding to a Request for Task Order Proposal (RTOP) issued by the Government.

These binding rates shall also apply to all modifications. The contractor may propose a lower hourly rate for these labor disciplines when responding to the RTOP based on the tasks identified in the RTOP or modification requests.

3.2.4 Adherence to these rates will be reviewed through submittal of supporting documentation by the contractor with each task order proposal. Failure to propose the binding hourly rate or a lower rate for the listed labor disciplines may result in the Contractor’s task order proposal being rejected for award consideration.

3.2.5 If a discipline is not listed in the contract rate pricing schedule and is required for the contractor to perform a specific task order, the contractor may propose the required labor category and the associated fully burdened labor rate (exclusive of profit) in the proposal submitted in response to the issued RTOP.

3.2.6 If during the Contract Period of Performance, the Contractor’s original personnel are no longer available, the Contractor shall find personnel that have the same qualifications as the previous personnel. The Contractor shall be responsible for negotiating the labor rates for those personnel that have been provided in Binding Labor Rate Schedule. The rates provided in Binding Labor Rate Schedule are the maximum that will be paid by the Government for any replacement personnel.

3.2.7 The maximum rates shall be governed by the effective date of the Task Order. Task Orders will use the prices for the 12-month period effective on the date the Task Order is issued. Modifications to Task Orders will reflect the rates of the “current 12-month” binding labor rate schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issue on 1 September 2023 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2023. Under the same assumptions, if a modification to the Task Order is required in December 2023, the labor rates effective on 1 November 2023 will apply.

4.0 Binding Cap Rates. The Binding cap rates for use on this contract are provided in Section B of the solicitation documents:

4.1. The Binding Cap Rates represent 1) a breakout of the caps/markups incorporated into the Binding Labor Rate Schedule; 2) caps/markups on materials/services; and 3) caps/markups to be applied to future task order modifications.

4.1.1 The Binding Cap Rates represent the maximum rates that the Contractor shall use when responding to a task order request issued by the Government. These Binding Cap Rates shall also apply to all modifications. The Contractor may propose lower rates for these when responding to the task order request or modification requests.

4.1.2 Adherence to these rates will be reviewed through submittal of supporting documentation by the Contractor with each task order proposal. Failure to propose the binding rates or a lower rate may result in the Contractor’s task order proposal being rejected for award consideration.

4.1.3 The Binding Cap Rates shall be governed by the effective date of the Task Order. Task Orders will use the prices for the 12-month period effective on the date the Task Order is issued. Modifications to Task Orders will reflect the rates of the “current 12-month” Binding Cap Rate schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issued on 1 September 2023 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2023. Under the same assumptions, if a modification to the Task Order is required in December 2023, the Binding Cap Rates effective on 1 November 2023 will apply.

5.0 Binding Profit Rate. The Profit rate shall be determined at the Task Order level.

5.1 General.

5.1.1 The amount to be paid to the Contractor for each firm-fixed price task order shall be based on the binding labor rates for the disciplines listed in Paragraph 5.1, the binding cap rates listed in Paragraph 5.2, the binding profit rate cap listed in Paragraph 5.3 and any proposed travel (which has been accepted by the Government) per Paragraph

5.1.2 Applicable Department of Labor Wage Rates (FAR 52.222-41) and Statement of Equivalent Rates for Federal Hires (FAR 52.222-42) will be included at the individual task orders level when the site and location for the work is known.

5.1.3 The Government reserves the right to request information other than certified cost or pricing data from the contractor at the task order level to assess the reasonableness of the proposed task order pricing.

5.1.4 The Government will analyze task order proposals to determine whether they are unbalanced with respect to prices or separately priced line items. Task order proposals that are determined to be materially unbalanced may be rejected. An offer is mathematically unbalanced if it is based on prices, which are significantly less than the cost for some contract line items and significantly overstated in relation to cost for others. In addition, a proposal is materially unbalanced if it is mathematically unbalanced and there is a reasonable doubt that the offer would result in the lowest overall cost to the government, even though it is the lowest evaluated offer.

6.0 Department of Labor Wages

For the first Task Order, Orange County, CA Wage Determination No. 205-5645 and are included in Section J of this RFP. For individual task orders written against the contract, the appropriate Department of Labor Wage Determination and Statement of Equivalent Rates for Federal Hires will be provided.

7.0 Inspections, Reporting, Bio-Survey, Management, General and Specific Work Requirements per Task Order Award

7.1 Inspections: The Contractor will perform monthly inspections for all task orders awarded.

These inspections will include visual inspections of all project awarded locations to include gate entry points, laydown areas, project travel routes project features and physical features are to be monitored for disturbance caused by homeless activities, fires, recreation activities, other agencies and habitat impacts, erosion, vandalism, or other causes; locations of trail segments in need of repair; identification for signs of use or damage (e.g., construction of ramps, barriers, or forts, presence of planted non-native plants, cut fences, etc.). The Contractor will promptly inform the COR if trespass or evidence of trespass are observed.

7.1.1 Reporting: The Contractor will submit monthly inspection reports documenting visual inspections. The COR may have the Contractor revise monthly inspection reports based on the Government’s needs at no additional costs. The monthly inspection reports will be provided by the 5th day of the month and consists of visual inspections listed above and the below information.

• Map identifying locations of visual inspections

• Photos of visual inspections must contain date and time stamped

• Description of quantity of debris removed; vegetation, sediment, trash removed measured by weight or volume and location of disposal or diversion facility

• Number of personnel actively hired or reduced to work on each task order award

• Describe and address any local community complaints

• COR may add additional requirements for reports at no additional costs to the government to meet the needs of the task order awarded

7.1.2 Bio-Surveys: The Contactor will provide bio-monitoring on each task order awarded to ensure that sensitive habitat for Flora and Fauna will be able to regenerate through passive regrowth. The Contract will manage, water quality and air quality for each task order award, based on the needs of the reporting requirement for the task order, this will include water diversion, water sampling testing and reporting analysis from a certified lab.

7.1.3 The Contractors Management under this SATOC will include an approved by USACE quality control plan and monitor, an approved by USACE safety plan per task order and written field points of contact.

7.2 Task Order Project Requirements

Task order requirements for the SARM and other project areas within USACE Los Angeles District’s O&M AOR will include nonrecurring maintenance activities described below and as listed in Section 8.3. These nonrecurring maintenance activities may include those of an urgent or emergency status. Task orders will be issued via a Firm-Fixed Price TOs by the Contracting Officer.

Task orders may include but are not limited to: Vegetation management (i.e., vegetation removal, trimming, planting, irrigation, herbicide application, etc.), sediment management, closed-circuit television (CCTV) inspections of pipe systems, earthen road grading, graffiti abatement, sign maintenance, minor gate and fence repairs, application of rodenticide, Geographic information System (GIS) Services and data collection, avian control implementation, aerial drone surveys, and biological surveys (e.g. avian presence - absence surveys).

7.2.1 Additional dumpster management (10 – 40-CYs) to include transportation, delivery, pickup, and all associated fees (e.g., dumping fees).

7.2.2 Vegetation management and clearing up to 200-acres.

7.2.3 Non-native vegetation management to include identification, cutting, removal, herbicide application, transportation, and disposal.

7.2.4 Sediment/debris management of sands, cobble stones, quarry stone, and bio-mass mixed debris up to 400,000-CYs. Work requirements to include identification, sorting, testing, assessments, removal, transportation, disposal, and disposal site recommendation reports.

7.2.5 Tree management to include removal, trimming, root ball removal, and stump removal.

7.2.6 Project reporting containing documentation of visual inspections with maps and photographs. Project reporting may include but are not limited to biological survey reporting (i.e., identification of flora and fauna species), work activity status updates, waste management reporting, identification of security concerns within work area, and identification of functional concerns within work area.

7.2.7 Heavy equipment operations to include operators and equipment.

7.2.8 Storm water management to include dewatering, diversion, water quality testing, and sampling.

7.2.9 Sediment sampling, testing, and assessments.

7.2.10 Heating, Ventilation, and air-conditioning (HVAC) maintenance and repairs.

7.2.11 Hydraulic systems maintenance and repairs.

7.2.12 Hazardous waste management to include identification, sampling, testing, transportation, disposal, manifesting, labeling, and packing.

7.2.13 CCTV Inspections of pipe systems in accordance with the National Association of Sewer Service Companies (NASSCO) applicable certification programs (e.g., PACP, LACP, MACP).

7.2.14 Formation of earthen access ramps for heavy equipment ingress and egress within or around flood control structures.

7.2.15 Ecosystem restoration, planting irrigation.

7.2.16 The Contractor will supply, as needed, round-link steel chains and secure to access gates with Government provided padlocks as directed by the COR not to exceed three (3) times per year. The round-link steel chains will have a minimum 1/2-inch diameter with lengths ranging from 18 to 24-inches. The Contractor will submit invoices by the 5th of each month.

7.2.17 Other service activities not listed that support FRM maintenance service requirements, such as graffiti abatement, street sweeping, road grading, HESSCO Barrier removal, dumpster delivery, trucking requirements.

8.0 Safety Requirements

The Contractor and all their employees must comply with the most recent edition of USACE Engineering Manual (EM) 385-1-1 Safety and Health Requirements Manual, and Federal, State, and local laws, ordinances, criteria, rules, and regulations. Where applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements govern. Submit matters of interpretation of standards to the COR for resolution before starting work.

9.0 Accident Prevention Plan (APP)

The Contractor will have an established Accident Prevention Plan (APP) developed in accordance with EM 385-1-1. The APP must include all applicable Accident Hazardous Analysis (AHA) for each activity, task, or Defined Feature of Work (DFOW) outlined in the Level 1 work requirements. The APP must be submitted within 10-calendar days from the Contract award date and approved by the USACE Los Angeles District’s Safety Office. Upon issuance of TOs under this Contract, the Contractor must submit a TO specific APP within 10-days of the Level 2 work requirement award unless otherwise advised by the Contracting Officer. Field work may not begin until the APP is accepted by the COR.

9.1 The AHA format must be in accordance with EM 385-1-1, Section 1. The analysis should be used during daily inspections to ensure the implementation and effectiveness of the activity’s safety and health controls. The AHA list will be reviewed periodically (at least monthly) by the Contractor and updated as necessary when procedures, scheduling, or hazards change.

Develop the activity hazard analyses using the project schedule as the basis for the activities performed. Any activities listed on the project schedule will require an AHA. The AHAs will be developed by the Contractor, supplier, or subcontractor and provided to the prime Contractor for submittal to the Contracting Officer Representative.

9.2 The Contractor must designate a Safety Officer to be responsible for overall supervision of accident prevention activities. Such duties will include assuring applicable safety requirements are incorporated in work methods and inspecting the work to ensure that safety measures are in action.

9.3 Emergency Medical Treatment

Contractors must arrange for their own emergency medical treatment. The Government has no responsibility to provide emergency medical treatment.

9.4 Safety Training and Meetings

9.4.1 The Contractor will provide APP indoctrination and safety training, prior to the start of work, to enable employees to perform their work in a safe manner. Continuous safety training will be given throughout the POP for all work requirements. Training shall include but is not limited to requirements and responsibilities for accident prevention and the maintenance of safe and healthful work environments; employee and supervisor responsibilities for reporting all mishaps; provisions for medical facilities and emergency response and procedures for obtaining medical treatment or emergency assistance; job hazards and the means to control/eliminate those hazards, including applicable AHAs; specific training as required by EM 385-1-1. All trainings and indoctrinations will be documented in writing by date, persons in attendance, content, and trainer.

9.4.2 The Contractor will schedule a monthly safety meeting for all employees to review past activities, plan for new or changed operations, review pertinent aspects of appropriate AHA, establish safe working procedures for anticipated hazards, and provide pertinent APP training and motivation. All meetings must be documented, including the date, persons in attendance, subjects discussed, and names of individual(s) who conducted the meeting. Documentation must be maintained, and copies furnished to the Contracting Officer Representative upon request.

9.4.3 The Contractor will conduct mandatory daily “tailgate” meetings to inform employees of specific hazards associated to a task and the safe way to do the job. All meetings must be documented, including the date, persons in attendance, subjects discussed, and names of individual(s) who conducted the meeting. Documentation must be maintained, and copies furnished to the Contracting Officer Representative upon request. If the Contracting Officer Representative reviews the attendance sheet and discovers that an employee did not attend the daily “tailgate” meeting the employee will be removed from the job site by the Contractor until such time that the appropriate meeting content has been provided and the attendance sheet signed and dated by the employee.

The Contracting Officer shall be informed of any formal scheduled meetings in advance and be invited to attend by the COR. These meetings may include meet and greet, performance, changes to project scope, new task orders, safety concerns, quality project delivery.

10.0 Accident Notifications and Reports

10.1 Notify the Contracting Officer Representative as soon as practical, but no more than two

(2) hours after any accident meeting the definition of Recordable Injuries or Illnesses or High Visibility Accidents, property damage equal to or greater than $2,000, or any weight handling equipment accident within 3 working days of notification the Contractor must provide a written report to the COR to include Contractor name; Contract title; type of Contract; name of activity, installation or location where accident occurred; date and time of accident; names of personnel injured; extent of property damage, if any; extent of injury, if known, and brief description of accident (to include type of equipment used, Personal Protective Equipment (PPE) used, etc.).

These reports may require the Contractor to obtain a Police Report.

10.1.1 Notify the Contracting Officer Representative as soon as practical, but no more than two

(2) hours after any accident that causes damage or loss to Government property. Within twenty-four (24) hours of notification the Contractor must provide a written report to the Contracting Officer Representative to include Contractor name; Contract title; type of Contract; name of activity, installation or location where accident occurred; date and time of accident; extent of property damage; names of personnel injured, if any; extent of injury, if known, and brief description of accident (to include type of equipment used, Personal Protective Equipment (PPE) used, etc.). These reports may require the Contractor to obtain a Police Report.

If the Contractor is the cause of the facility damages the Contractor is liable for all repair costs, design, materials, labor, equipment etc. to repair to original site conditions those facility structural features.

11.0 Quality Control (QC) Program

The Contractor must establish a complete QC program that will consists of a QC Organization, QC Plan, QC Meetings, inspections, and reporting necessary to provide materials and workmanship which comply with the requirements of this Contract.

11.1 QC Organization

11.1.1 The Contractor must execute the contract and all work under direction of a Contracting Officer Representative or alternate appointed by the Contracting Officer. The COR must have adequate experience to oversee task accomplishment, administer all instructions, and answer all questions from the Contracting Officer. Additionally, the COR must be responsible for complete coordination of all work under the Level 1 and 2 work requirements.

11.1.2 The Contractor must provide a QC Manager at the work site to implement and manage the QC program. The primary duties and responsibilities of the QC Manager are to manage and implement the QC program on this Contract. The QC Manager is required to conduct the QC meetings, perform inspections and reporting. The QC Manager is the manager of all QC activities.

11.1.3 The Contractor must designate an alternate for the QC Manager at the work site to serve in the event of the designated QC Manager’s absence. The period of absence may not exceed two (2) weeks at one time, and not more than 30 workdays during a FY.

11.1.4 The Contractor’s designated PM, QC Manager, and/or Alternate QC Manager must be available during USACE Los Angeles District’s working hours, 5-days a week throughout the POP.

The PM, QC Manager, and/or Alternate QC Manager must be available within 2-hours during working hours to meet at work locations with the Contracting Officer. The PM, QC Manager, and Alternate QC Manager must be designated in writing within 5-calendar days after contract award and upon change of personnel.

12.0 QC Plan

The Contractor will provide a written QC Plan to the Contracting Officer Representative within 10-days of contract award for all task orders awarded work requirements. The QCP is the Contractor’s management plan for executing the contract and approach to ensuring the quality of the services required. Upon issuance of TOs under this Contract, the Contractor must submit a TO specific QC Plan within 10-days of project requirement award. If any additional requirements are discovered during the review process the Contractor will make the necessary corrections. Acceptance of the QC Plan is required prior to the start of work. The QC Plan will consist of the below requirements.

12.1 QC Organization: A chart showing the project organizational structure.

12.1.2 Names and Qualifications: Names and qualifications, in resume format, for each person in the QC organization, including the Safety Officer, Project Manager, QC Manager, and any alternates.

12.1.3 Duties, Responsibility, and Authority of Personnel: Duties, responsibilities, and authorities of each person in the organization.

12.1.4 Outside Organizations: A listing of outside organizations that will be employed by the Contractor and a description of the services these firms will provide.

12.1.5 Appointment Letters: Letters signed by an officer of the firm appointing the QC Manager and Alternate QC Manager, Project Manager and Safety Officer and any alternates and stating that they are responsible for implementing and managing their respective roles in the project as described in this Contract. Include in this letter the responsibility of the QC Manager and Alternate QC Manager authority to stop work (as well as the PM and Safety Officer) which is not in compliance with the Contract. Letters of direction are to be issued by the QC Manager to the Alternate QC Manager and all other QC Specialists outlining their duties, authorities, and responsibilities. Include copies of the letters in the QC Plan.

12.1.6 List of Definable Features: A Definable Feature of Work (DFOW) is a task that is separate and distinct from other tasks and has control requirements and work crews unique to that task. A DFOW is identified by different trades or disciplines and is an item or activity on the schedule. Include in the list of DFOWs, but not be limited to, all critical path activities.

12.1.7 Procedures for Inspections: Procedures for identifying and documenting “punch list” items which do not conform to the PBWS and corrective actions to be taken. Include in these procedures the responsible party for “punch list” item creation and corrective action responsibility.

13.0 QC Meetings

After the start of work, conduct monthly QC meetings by the QC Manager at the work site with the Contracting Officer Representative and other USACE offices as required. The QC Manager is to prepare the minutes of the meeting and provide a copy to the Contracting Officer Representative within two working days after the meeting. The Contracting Officer may attend these meetings. At a minimum, accomplish the following at each meeting:

13.1 Review the schedule and status of work and “punch list” items.

13.2 Resolve QC and production problems (e.g., open correspondence, action item due outs, etc.).

13.3 Address items that may required revising the QC Plan.

13.4 Review APP.

13.5 Review environmental requirements and procedures.

13.6 Project Status: POP Contract days, Contract Days remaining, Contract amount, payments to date, modifications, TOs, etc.

14.0 QC Inspections and Reporting

14.1 The QC Manager must conduct inspections of the work and develop a punch list of items which do not conform to the PBWS. Include with punch list the estimated date by which the deficiencies will be corrected.

14.2 The QC Manager must provide a monthly inspection report to the Contracting Officer Representative by the 5th day of each month for the Level 1 work requirements and at a frequency specified in the TO PBWS for the Level 2 work requirements. Monthly inspection reports must consist of the below information.

• QC Inspector Name(s).

• List of work or task accomplished by location and date.

• Before and after photos of work accomplished containing date and time weekly for level II projects. (Note: Recommended that Contractor take monthly photos from the same locations for consistency and at different angles for perspective.)

• Documentation for solid waste disposal and diversion (i.e., manifests, weight tickets, receipts, invoices, etc.)…