Special_Contract_Requirements_-_F15PS00234.pdf

UNITED STATES FISH AND WILDLIFE SERVICE

DAM SAFETY PROGRAM TECHNICAL SUPPORT

SPECIAL CONTRACT REQUIREMENTS

F15PS00234

Part I – Type of Contract

This is an indefinite delivery, indefinite quantity contract which provides for an indefinite quantity, within stated limits, of specific services to be furnished during a fixed period, with deliveries to be scheduled by placing task orders with the A/E. Task Orders will be issued on a fixed-price basis using the fixed unit pricing stated in the Rate Schedule of the contract or not to exceed amount.

Part II – Contract Performance Period

A. The period of performance of this contract shall be one (1) year from the date of contract award. The FWS reserves the right to exercise the option to extend the period of performance for four (4) additional one (1) year periods.

Part III – Option to Extend the Term of the Contract

A. The contract is renewable for 1 – year increments (See FAR 552.217-09), up to 4 years at the option of the FWS, by the Contracting Officer (CO) giving written notice of renewal to the A/E 30-days before the contract expires; provided that the

CO, in addition has given preliminary notice of the FWS’s intention to renew at least 60 days before this contract is to expire. (Such preliminary notice will not be deemed to commit the FWS to a one-year renewal).

B. If the options are exercised, the “Effective Period of the Contract” will be modified as follows:

Option Period Start Date End Date

I.

II.

III.

IV.

Part IV – Estimates of Requirements

A. The FWS guarantees $20,000.00 as the minimum amount of effort that would result from contract award for the base year. For those years in which the government exercises the option to extend the period of performance, if any, the

FWS would guarantee $20,000.00 as the minimum amount of effort that would result in each of those years.

B. The following amount is an estimate of the maximum annual amount of effort. It is presented for informational purposes only and is not guaranteed (See FAR

52.216-22).

Estimated Maximum: $4,000,000.00 per contract year

Part V – Funding of Task Orders

Each individual task order will separately fund the performance of the work and services required by that particular order.

Part. VI – Task Order Procedures

A. Task Orders shall be issued by the CO in accordance with the following procedures after the award of this contract:

1. The CO shall issue a Request for a Proposal (RFP) letter to the Contractor which shall include a scope of work (SOW) for the proposed project, description of expertise required, the number of calendar days to complete this project, and the number of days to complete the proposal.

2. The Contractor shall then respond to the CO’s RFP by including:

a. A brief technical discussion describing how the work will be performed and any variations in the original SOW.

b. Identification of project personnel and their qualifications (as required in the SOW).

c. A cost proposal identifying labor categories and number of hours within each category required for the performance of the proposed work.

d. Identify and provide rational for all non-labor cost elements required for performance.

e. Identify any Government property required for performance.

3. Upon receipt of the proposal, the CO will analyze the proposal for technical capability and costs and, if acceptable, issue a Task Order directing the

Contractor to commence performance, or if the proposal is not fully acceptable as offered, negotiations may be conducted prior to issuance of Task

Order. In the event issues pertaining to a proposed work item cannot be resolved to the satisfaction of the CO, the CO reserves the right to withdraw and cancel the proposed work. In such event, the Contractor shall be notified, via letter, of the CO’s decision. This decision shall be final and conclusive and shall not be subject to the Disputes clause or the Contract Disputes Act.

4. The Contractor is not authorized to commence performance prior to issuance of the Task Order by the CO.

Part VII – Labor Rates for Price Proposals

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

B. The A/E’s price proposal shall be developed based on the schedule of performance in the statement of work.

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

2. Price proposals for task orders, whose schedule of performance spans substantially beyond the year in which the task order is executed, shall be priced based on the labor rates in effect during the scheduled period of performance. The costs shall be estimated for each task, based on the schedule, and divided proportionally by year. For example, based on the schedule in the Statement of Work, if 30% of Task One will be completed in

Year One, 30% completed in Year Two, and the remaining 40% completed in

Year Three; then the price proposal would reflect 30% of the effort at the Year

One labor rates, 30% of the effort at Year Two labor rates, and the remaining

40% of the effort at Year Three labor rates.

C. Labor rate categories used in the price proposals shall correspond to the levels of personnel as defined in the Levels of Professional Responsibility Section in the attached “Statement of Work.”

Part VIII – Reporting Requirements

A. The services performed by the A/E will be subject to review and examination by the Government at any place where such work is being performed. The

Government will have the right to reject inaccurate or substandard services. The

A/E shall satisfactorily correct and replace all rejected services without additional cost to the Government.

B. Schedule Compliance

1. Time of performance is important. Each task order will establish a schedule for completion. Failure by the A/E to diligently prosecute their work to successfully meet the required delivery dates will be sufficient grounds for the

CO to terminate the task order and/or this contract.

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

A/E as determined by the CO.

Part IX – Fee Limitation

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

Part X – Key Personnel

The personnel listed below are considered essential to the work being performed. Prior to removing, replacing, or diverting any of the specified individuals, the A/E shall notify the

CO at least 90 days in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract. No replacement, substitution, or diversion shall be made by the A/E without the written consent of the CO, provided that the CO may ratify, in writing, the change and such ratification shall constitute the consent of the CO. The list of Key Personnel may, with the consent of both parities to this contract, be amended from time to time during the course of the contract to add or delete personnel, as appropriate: (To be added upon contract award)

Part XI – Release of Information / Organizational Conflicts of Interest

The A/E shall not disclose information pertaining to the services performed under this contract to anyone other than FWS or other personnel authorized by the CO.

Part XII – Government Furnished Materials

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

B. Individual task orders that involve air travel by the A/E shall indicate that the airline tickets will be purchased by the A/E for their use in accomplishing that travel.

Part XIII – Limitation on Contracting for Construction Work

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

Part XIV – Protection of Historical and Archaeological Data

A. Cultural Resource Study – Federal legislation provides for the protection, preservation, and collection of scientific, prehistorical, historical, paleontological, and archaeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project of Federal land-modifying activities.

Once the locations for the proposed exploration trenches have been selected, the

A/E shall notify the Contracting Officer Representative (COR) who will furnish this information to the Regional Archaeologist. It the areas have not been previously inventoried for cultural resources, the Regional Archaeologist or their designated representative will examine the proposed locations for cultural resources.

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

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

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

E. Costs – Except as otherwise provided above, the cost of complying with the above sections of paragraph XIII shall be included in the prices stated in the Rate

Schedule for other items of work.

F. Monitoring – The CO or the COR will monitor A/E performance to ensure compliance with the foregoing provisions. Failure to adhere to Task Order provisions will result in suspension of the work at the A/E’s cost.

Part XV – Federal, State and Local Taxes

If work under a particular task order is subject to state or local taxes such as “gross receipt taxes,” “professional services sales taxes’, “excise taxes”, or “value added taxes”, which are based on actual fees billed for the project and which are in addition to salary-related taxes, corporate income taxes, property taxes, excise taxes, and other taxes which the A/E incurs as normal costs of doing business in the locations of its offices, then additional reimbursement for such state and local taxes shall be made. The additional reimbursement shall be based on the actual amount of such taxes plus 5% for professional liability insurance premiums and administrative costs.