F15PS00279_Attach_3_-_Contract_clauses.rtf

Solicitation No. F15PS00279 Title: MATOC IDIQ for Landscape Architect-Engineering Services

Table of Contents

Section Title Page

A Contract Form (SF 252) 1

B Schedule of Items 4

C Description 7

D Packaging (Not used) 7

E Inspection (Not used) 7

F Deliveries 8

G Contract Administration 8

H Special Contract Requirements 12

I Contract Clauses 22

J List of Attachments 27

K Representations/Certifications 28

L Instructions 30

M Evaluations 44

Section B - Supplies or Services/Prices

The United States Fish and Wildlife Service intends to award Multiple-Award Task Order Contracts (MATOC) to provide Landscape Architectural-Engineering Services throughout the Pacific Region of the U.S. Fish and Wildlife, including the states of WA, OR ID, HI and trust territories of the Pacific Islands. Task order requirements may require hiring subcontractors and specialists in other related fields with technical expertise including, but not limited to: civil engineering, architecture, planning, structural engineering, transportation, visual communications and interpretation. Work consists of, but may not be limited to ; (1) Site development for headquarters sites, office and administrative facilities, visitor contact sites, maintenance and operations facilities, quarters facilities, and outdoor recreation sites; (2) Planting and irrigation; (3) Visitor facilities including: kiosks, overlooks, boardwalks, blinds and shelters; (4) Transportation facilities including: roadways, parking areas, trailheads, trails, and stormwater management infrastructure; (5) Signage, wayfinding and welcome and orientation elements including; directional signage and structures, informational signage and structures, and interpretive structures; (6) Landscape scale planning; (7) Design guidelines and other informational publications.

The Government reserves the right to award up to eight (8) firm-fixed, Indefinite-Delivery, Indefinite Quantity (IDIQ) Landscape Architect-Engineer contracts as determined to provide the best overall value/benefit to the Government. Duration of IDIQ contracts will not exceed 5 years (base year, plus 4 one year renewable options). No project work is anticipated to be awarded at this time.

Based upon Landscape Architectural- Engineering projects performed for similar types of work as described above, contractor will assemble the best team arrangement possible to accomplish typical project requirements and submit the following documents for proposal submission:

Proposal Submission Documents:

Past Performance Rating Questionnaires (attachment 7). This proposal submission must be sent directly to clients, who in turn, complete and send directly to Karl Lautzenheiser at Karl_Lautzenheiser@fws.gov . Only the first three (3) questionnaires received will be considered. Past Performance Rating Questionnaires received directly from the offeror or after the date/time for receipt of proposals will also not be considered.

Large business firms will also need to submit a subcontracting plan (sample provided as attachment 8)

NOTE: Proposals must provide proof of license for states they desire to work in order to be considered responsive.

The Government reserves the right to award up to eight (8) firm-fixed, Indefinite-Delivery, Indefinite Quantity (IDIQ) Landscape Architect-Engineer contracts as determined to provide the best overall value/benefit to the Government. Duration of IDIQ contracts will not exceed 5 years (base year, plus 4 one year renewable options). No project work is anticipated to be awarded at this time.

Technical proposal submissions (Volume I info as clarified in Section L) will be ranked based upon evaluation data and the rating scale set forth in Section M of the solicitation package. Only after highest ranked proposal submissions are identified will the evaluation team then evaluate price reasonableness of rate table submission (cost data provided under Volume II of proposal submission as clarified in Section L) for all skill categories cited for the base year and each option year, along with completion and submission of “Questionnaire of Offerors Responsibility” (attachment 10).

Each task order will be negotiated individually, based on the fixed price hourly rates for disciplines/skill categories contractor provides in rate table submission (attachment 9 sample). Each task order will state the services required and time for completion. Task order prices will be based upon established fixed price hourly rates agreed upon and set forth in the final IDIQ contract. Hourly rates shall be fully burdened and include all indirect labor costs, general, administrative costs and profit. If a fair and reasonable price should not be reached with the top ranked firm for a task order requirement, negotiations will be terminated and started with the second ranked firm and so on until an award can be made with a firm that is deemed to have fair and reasonable pricing for the level of effort required.

Bid Schedule Line Items

Number

00010 Base Year - Landscape Architect-Engineering Services 1 YR

Performance Period - One year from date of award

Submit a rate table (similar to sample in attachment 9) for base and option years, reflecting fully burdened hourly rates for proposed disciplines that task order requirements will be based upon when requirements arise.

Number

00020 Option Year 1 - Landscape Architect-Engineering Services 1 YR

Performance Period - One year from end of base year

Submit a rate table (similar to sample in attachment 9) for base and option years, reflecting fully burdened hourly rates for proposed disciplines that task order requirements will be based upon when requirements arise.

Number

00030 Option Year 2 - Landscape Architect-Engineering Services 1 YR

Performance Period - One year from end of option year 1

Submit a rate table (similar to sample in attachment 9) for base and option years, reflecting fully burdened hourly rates for proposed disciplines that task order requirements will be based upon when requirements arise.

Number

00040 Option Year 3 - Landscape Architect-Engineering Services 1 YR

Performance Period - One year from end of option year 2

Submit a rate table (similar to sample in attachment 9) for base and option years, reflecting fully burdened hourly rates for proposed disciplines that task order requirements will be based upon when requirements arise.

Number

00050 Option Year 4 - Landscape Architect-Engineering Services 1 YR

Performance Period - One year from end of option year 3

Submit a rate table (similar to sample in attachment 9) for base and option years, reflecting fully burdened hourly rates for proposed disciplines that task order requirements will be based upon when requirements arise.

Section C – Performance Work Statement

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform service as required under this Performance Work Statement:

Requirements for Landscape Architectural services Indefinite Quantity Contract The U.S. Fish and Wildlife Service (Government) has a need for Landscape Architectural services, Task orders could include performance of any part of the professional skills necessary to provide Landscape Architectural and Landscape Architectural led multi-disciplinary services including:

(1) project planning and project programming including information and data gathering and analysis

(2) Schematic design, alternative concept development and cost estimation

(3) Design development and construction documentation including bid ready stamped and signed final plans, specifications and estimates .

(4) Preparation of documents and reports with graphics and exhibits.

(5) Construction support including administration, inspection and observation.

Contractors must be licensed in state (s) of consideration and should be located in the Portland Metro area. States include Oregon, Washington, Idaho, Hawaii and the trust territories of the Pacific islands.

Types of services and products to be provided under this contract:

Design services contemplated under this contract are for those typically provided by licensed Landscape Architects including and not limited to:

(1) Site development for headquarters sites, office and administration facilities, visitor contact sites, maintenance and operations facilities, quarters facilities, and outdoor recreation sites

(2) Planting and irrigation

(3) Visitor facilities including; kiosks, overlooks, boardwalks, blinds and shelters

(4) Transportation facilities including; roadways, parking areas, trailheads, trails, and stormwater management infrastructure

(5) Signage, wayfinding and welcome and orientation elements including; directional signage and structures, informational signage and structures, and interpretive structures.

(6) Landscape scale planning

(7) Design guidelines and other informational publications

Section D - Packaging and Marking (Not Used)

Section E - Inspection and Acceptance

52.246-4 Inspection of Services—Fixed-Price (AUG 1996)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

Section F - Deliveries or Performance

1452.211-70 TERM OF CONTRACT (NOV 2007)

The period of performance of this contract shall be one (1) year from 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.

Task orders may be placed against this contract from the date of contract award through the completion date. If a task order is awarded prior to the completion date of the contract, the task order may run beyond the end of the contract time.

The total duration of this contract, including the exercise of any options shall not exceed sixty (60) months. If the contract includes FAR 52.217-08, Option to Extend Services, the total duration of this contract, if that clause is invoked, is sixty-six (66) months.

Section G - Contract Administration Data

G.1.0 CONTRACTING OFFICER'S REPRESENTATIVE DEFINITION

The “Contracting Officer’s Representative (COR)” is the on-the-ground representative for the Contracting Officer that monitors and enforces the terms and conditions of the contract.

G.2.0 PROJECT INSPECTOR DEFINITION

“Project Inspector” is the designated Government personnel that perform the on-the-job Government inspection of work accomplished by the Contractor.

G.3.0 RESPONSIBILITIES OF THE CONTRACTING OFFICER'S REPRESENTATIVE AND PROJECT INSPECTOR

G.3.1 The COR’s authorities and responsibilities are defined in the COR’s Designation Letter. The COR is authorized to clarify technical requirements, and to review and approve work which is clearly within the scope of work. The COR is NOT authorized to issue changes or modify the scope of work in any way.

G.3.2 The Project Inspector is responsible for verifying the Contractor’s compliance with the technical specifications, drawings, work schedule, and labor provisions at the site of the work.

G.4.0 AUTHORITIES AND DELEGATIONS SEP 2011

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

G

G.4.1 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

April 2013

(a) The U.S. Fish and Wildlife Service (USFWS or Service) will submit an electronic record of contractor performance on this contract in the Past Performance Information Retrieval System (PPIRS) at http://www.ppirs.gov. The Service has implemented the Contractor Performance Assessment Reporting System (CPARS) to submit records to PPIRS. One or more past performance evaluations will be conducted on this contract in order to record contractor performance.

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

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

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may also be found at this site.

(e) Within 60 days after the end of a performance period, the USFWS Assessing Official (AO) for the contract will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in CPARS and your comments must focus on objective facts in the AO's rating, narrative and your performance of the contract. In addition to the ratings and supporting narratives, review the accuracy of all information in the evaluation, as it includes key fields that will be used by the Government to identify the Contractor in future source selection actions. If you elect not to provide comments, acknowledge receipt of the evaluation by indicating "No comment" in Block 22 along with signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

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

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

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

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

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

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

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

1452.231-70 TRAVEL COSTS (NOV 2007)

(a) Costs incurred by contractor personnel for travel, including costs of lodging, other subsistence, and incidental expenses, shall be considered to be reasonable and allowable only to the extent that they do not exceed the rates and amounts set forth in FAR 31.205-46. Contractor may choose to be compensated for travel by using the Government per diem rate or the actual expenses method. Payment under either method chosen cannot exceed the maximum per diem rate used for similarly situated Government employees unless the contractor receives advance approval from the Contracting Officer or his representative.

(b) All travel itineraries not included in the contractor's approved cost proposal for the contract or individual task order must receive the prior written approval of the contracting officer or his representative

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

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

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

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice [CO to edit and include the documentation required under this contract}:

Reference Purchase Order

Invoice

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

(End of Local Clause)

Section H - Special Contract Requirements

H.1.0 Past Performance Rating Questionnaire (attachment 7)

Client Authorization Letter

Offerors should send their listed private sector references a letter to the following effect authorizing the reference to provide past performance information to the government.

Dear (Client's Name) :

We are currently responding to the U. S. Fish and Wildlife Service (Service) Solicitation Number F15PS00279 for the procurement of interpretive products. The Service is placing increased emphasis in their procurements on past performance as a source selection factor. The Service is requiring that clients of entities responding to its solicitations be identified and client participation in the evaluation process requested. Should you be contacted for information on work we have performed, you are hereby authorized to respond to those inquires.

We have identified Mr./Ms. (Name of Person) of your organization as the point of contact based on his/her knowledge concerning our work. Your cooperation is appreciated. Any questions may be directed to: (Name of entity contact) .

Sincerely, (Name/Title of Signatory)

H.2.0 Quality Assurance Surveillance Plan

SECTION K

SAMPLE

Quality Assurance Surveillance Plan (QASP)

NOTE TO OFFERORS- Offerors shall complete the plan below or submit their own approach to the performance plan for each task (How will you measure performance?) and submit it with their Proposal. This plan will be incorporated into the contract upon award and used to monitor Contractor performance.

1. Contract Requirement:

2. Required Service Requirements:

This plan defines the performance standards/quality levels that the Contractor agrees to satisfy in performance [fill in].

a b

3. Performance Standards:

In this column, Offerors shall identify the performance standards that will be used to evaluate their performance after contract award. The items listed in this column are suggested topics for inclusion in the Offerors QASP.

4. Acceptable Quality Level (AQL):

In this column, Offerors shall identify the quality levels including specific metrics that the Offeror will agree to meet.

5. Primary Method of Surveillance/Evaluation:

In this column, Offers shall describe the type and how information shall be provided to the Government to assist them in monitoring Contractor performance.

6. Incentive

In this column, Offerors shall describe impact on Contractors continual performance if they are able to satisfy their established performance objectives.

H.3.0 Special Contract Requirements

1. Rights of Entry

The Contractor shall obtain all necessary permission and permits to enter private property to make ground surveys, establish reference points, and 'set' monuments. The Contractor shall assume responsibility for damage to property as a result of its actions in performing work under this contract.

2. Damages

a. The Contractor shall assume all risks of injury to persons or property in connection with the performance of work under this contract and shall indemnify and save harmless the Government against all claims, causes of action, cost and expense, because of bodily injuries or death or damages to property arising from work activities of the Contractor.

b. The Contractor shall not cut, remove, or knock down fences or leave any gate open without specific permission of the land owner or person in charge of the property.

c. The Contractor shall not use any materials which are poisonous or hazardous to animals.

d. The Contractor shall exercise extreme care so as to prevent the start or spread of fire and to prevent any damage to property. The Contractor shall leave the property as undisturbed as possible prior to departure.

3. Accident Prevention

a. The Contractor shall, at all times, exercise reasonable precautions and provide for protecting the lives and health of employees and other persons in the performance of work under this contract. Specifically, the Contractor shall comply with all applicable provisions of federal, state, local, safety, health, and sanitation laws, codes and regulations.

b. The Contractor shall maintain an accurate record of and shall report to the Contracting Officer in the manner and on forms prescribed by the Contracting Officer, all causes of death, occupational diseases, traumatic injuries, lost-time accidents, or damage to property arising out of or in the course of employment incidental to performance of the work under this contract.

4. Clean-Up

a. Except for monuments, witness posts and reference posts established by the Contractor, in accordance with the provisions of the contract, the Contractor shall remove all flags, markers, paneling, targets, stakes, rubbish, unused material, and any other materials belonging to the Contractor or used under the Contractor's direction during the performance of work under this contract.

b. In the event the Contractor does not remove all materials and in terms discussed above, the Government may remove those items at the expense of the Contractor. Any monies due the Contractor may be offset by reasonable charges for this removal. If sureties are involved, they may also be liable for the costs for this removal effort.

5. Subcontracts (Reference Contract Clause 52.244-4)

The Contractor shall not, without prior written approval by the Contracting Officer, enter into any subcontract for any portions of the work directed by this contract.

The Contracting Officer's approval of a subcontract will not in any way relieve the Contractor of full responsibility for satisfactory completion of all work directed under this contract.

The Contractor shall be responsible for subcontractor compliance with all applicable requirements of this contract.

d. No contractual relationship shall be created between the Government and the Contractor's subcontractors.

6. Meetings and Progress Reports

a. During the execution of field operations under this contract, the Contractor shall meet periodically with the Contracting Officer or the COR at the site at mutually agreed times. The purpose of the meetings is to obtain information on the progress of the field work.

b. The Contractor shall submit a monthly report summarizing work completed operations in progress, and schedule of future activities. The reports shall discuss both field activities and office activities, and shall be submitted within two working days after the end of the reporting period.

c. Progress reports will be submitted by the COR and/or Project Leaders on an as needed basis.

7. Special Instructions

8. Ordering

The Contracting Officer is the only person authorized to order work under this contract.

9. Not-To-Exceed Cost Agreement

a. Prior to the issuance of a change order under this contract pursuant to 52.243-1, Alt III, the Contracting Officer may solicit from the Contractor written agreement as to (i) the monetary adjustment (maximum increase or minimum decrease) to be made to the contract or (ii) adjustment in the delivery schedule (or time of performance) by reason of the change. The Contracting Officer may also solicit such agreement on limitations to the adjustments of any other provisions of the contract which may be subject to equitable adjustment by reason of the change. Any such written agreement shall then be cited in the change order, and upon its issuance shall be a binding part of the contract. In no event shall the definitive equitable adjustment exceed the limitations so established. Except with respect thereto, nothing contained herein shall affect the rights of the parties to the equitable adjustment by reason of the change, pursuant to the Changes clause.

b. With respect to changes for which the contract is to be adjusted, the Contractor shall submit a not-to-exceed amount as required above.

H.4.0 Work Hours Unless otherwise specified in Section C, Specifications, work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or legal National Holidays unless authorized by the COR.

H.5.0 ENVIRONMENTAL INTERRUPTION OF WORK

The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. An allowance has been included in the contract time for all environmental delays. The count of contract time will therefore continue during all periods of suspension due to normal weather conditions, including fire danger. The Contractor will not be entitled to additional contract time for any suspensions except to the extent that they are due to unusually severe weather conditions. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

H.8.0 Proposed Key Personnel Unless specifically deleted in writing by the Contracting Officer at time of award, any proposed key personnel, minimum qualifications for incoming or replacement key personnel, subcontractors, processes, procedures or materials are hereby incorporated into the contract resulting from the solicitation, and performance shall be limited to individuals, qualifications, firms, procedures, and materials that were specifically identified in proposals or agreed to in negotiations. The Contractor shall obtain the Contracting Officer’s written consent before making any substitutions or changes.

H.9.0 Environmental Impact All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ). Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.

H.10.0 Hazardous Materials

H.11.0 Unauthorized Personnel The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.

H.12.0 Period of Service

Basic and Option Periods. Each MATAC award will include a base period, not-to-exceed (NTE) one year and four option periods (NTE one year each), for a total contract performance period NTE five years. Maximum value of all work awarded under the MATOC’s will be limited to $400,000.00 per contract period for a total of $2,000,000.00 over the life of the contract (includes the base and 4 option years). Task Order minimum and maximum limits are $5,000 and $400,000.00 respectively. The minimum guaranteed amount for the full performance period (this includes the base and 4 option periods) is $500.00 per MATAC awarded. The minimum guarantee amounts may be met by award of a task order in an equivalent amount. The expiration or termination of the ordering period shall not affect any order issued during the effective period of these contracts. Only the Contracting Officer executing these contracts and the Successor Contracting Officer has the authority to modify the term and conditions of these contracts.

H.13.0 Task Order Requirements

H.13.1 Task Order limitations. Refer to contract clause 52.216-19 (October 1, 1995)

H.13.2 Order Procedures for Task Orders Not Exceeding $150k. Once the MATOCS are awarded, only warranted contracting officers of the U.S. Fish and Wildlife Service (USFWS) will issue individual Request for Proposals to Landscape A/E firms based upon review of a minimum of three existing A/E firms on hand that cover the geographical area of the project in question. Selection of the best qualified firm will include review of disciplines listed in each of the three A/E contracts being reviewed, experience with similar projects and availability of resources to accomplish the project. Firms will be ranked accordingly and negotiations will commence for design services with the top-ranked firm determined to be best qualified to perform design services. A task order will be issued to the selected firm and will include information concerning the design requirement, statement of work and when applicable, information pertaining to a site visit, evaluation criteria (if applicable), and any other requirements for submission (e.g., proposal requirements, bid schedule, etc.).

If the USFWS cannot negotiate a fair and reasonable fee within a reasonable time, FWS will formally terminate negotiations and then undertake negotiations with the next top-ranked firm, continuing the process until an agreement is reached. If the agency head is unable to negotiate a satisfactory task order contract with any of the initial selected firms, the agency head shall select additional firms (from existing MATOCs that cover the geographic area or work) in order of their competence and qualification and continue negotiations until an agreement is reached. As a practical note, it is rare that a task order contract is not successfully negotiated with the top-ranked firm.

H.13.3 Order Procedures for Task Orders Exceeding $150k. Once the MATOCS are awarded, only warranted contracting officers of the U.S. Fish and Wildlife Service (USFWS) will issue individual Request for Proposals to A/E firms based upon MATOCS of existing A/E firms on hand that cover the geographical area of the project in question. Selection of the best qualified firm will include review of disciplines listed in each of the A/E contracts being reviewed, experience with similar projects and availability of resources to accomplish the project. Firms will be ranked accordingly and negotiations will commence for design services with the top-ranked firm determined to be best qualified to perform design services. A task order will be issued to the selected firm and will include information concerning the design requirement, statement of work and when applicable, information pertaining to a site visit, evaluation criteria (if applicable), and any other requirements for submission (e.g., proposal requirements, bid schedule, etc.).

If the USFWS cannot negotiate a fair and reasonable fee within a reasonable time, FWS will formally terminate negotiations and then undertake negotiations with the next top-ranked firm, continuing the process until an agreement is reached. If the agency head is unable to negotiate a satisfactory task order contract with any of the selected MATOC firms, the agency head shall solicit new A/E firms and make an award in order of their competence and qualification and continue negotiations until an agreement is reached. As a practical note, it is rare that a task order contract is not successfully negotiated with the top-ranked firm.

H.13.4 Order Procedure Exceptions for Task Orders. As defined under FAR 16.505 (b)(2), the following exceptions to fair opportunity may be considered for not competing a task order requirement:

(A) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

(B) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

(C) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(D) It is necessary to place an order to satisfy a minimum guarantee.

(E) For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

(F) In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

H.13.5 Task Order Labor Rates for Price Proposals.

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

The A/E's price proposals shall be developed based on the schedule of performance in the statement of work.

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

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.

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 Attachment 1 (Definitions).

H.13.6 Task Order Funding. Each individual task order will separately fund the performance of the work and services required by that particular order.

H.13.7 Placement of Task Orders. Task orders may be placed via mail, telephone, facsimile or electronically. The task order becomes binding when the Contracting Officer signed the order.

H.13.8 Protest of Task Orders. In accordance with FAR 16.505 (a)(10), no protest under Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a Task Order Contract except for a protest on the grounds that the order increased the scope, period, or maximum value of the contract.

H.13.9 Minimum Guarantee. The minimum $500.00 obligation awarded against the IDIQ contract will be deobligated once a task order is issued to cover that obligation.

H.14.0 Government Furnished Materials. 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.

H.15.0 INDEMNIFICATION (NOV 2007)

The contractor is an 'independent contractor' and shall obtain all necessary insurance to protect himself from liability arising out of this contract.

The contractor hereby agrees to indemnify and hold the Government harmless in connection with, any loss or liability from damage to or destruction of property or from injuries to or death of persons (including the agents and employees of both parties) if such damage, destruction, injury or death arises out of, or is caused by performance of work under this contract, unless such damage, destruction, injury or death is caused solely by the negligence of the Government, its agents or employees. The contractor agrees to include this clause, appropriately modified, in all subcontracts to be performed under this contract.

(End of Clause)

H.16.0 PROHIBITION ON RELEASE OF INFORMATION - ARCHITECT-ENGINEER SERVICES (NOV 2007)

(a) The Contractor may not disclose information pertaining to the services performed under this contract to anyone other than personnel authorized by the Contracting Officer. The cost estimate furnished by the Contractor will be utilized in preparing the Government cost estimate for a subsequent construction contract, and constitutes confidential material for official use only.

(b) In the event that the Contractor intends to employ individuals other than its own staff in preparing the cost estimate, advance written approval by the Contracting Officer is required. The Government will not grant such approval unless written assurances are submitted by the individual or firm that it will not¿

(c) The cost estimate furnished by the Contractor shall remain the sole property of the Government. The sale of the cost estimate by the Contractor, in whole or in part, is prohibited.

(End of Clause)

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

Authorities and Delegations (SEP 2011)