IBM14R0006.pdf

ARCHITECT-ENGINEER CONTRACT

RATING 1. SOLICITATION NO.

IBM14R0006

2. DATE OF SOLICITATION

03/13/2014

3a. NAME OF ARCHITECT-ENGINEER 3b. TELEPHONE NO. (Include Area Code)

Contact Vendor Duns Number3c. ADDRESS OF ARCHITECT-ENGINEER (Include ZIP Code)

International Boundary and Water Commission (IBWC)

USIBWC - ACQUISITIONS DIV

4171 NORTH MESA, STE. C100

EL PASO, TX 79902-1441

4. DEPARTMENT OR AGENCY AND ADDRESS (Include ZIP Code) 4a. NAME

Laura A. Baker 4b. TELEPHONE

4c. EMAIL laura.baker@ibwc.gov

5. PROJECT TITLE AND LOCATION

Architect-Engineer Services Indefinite Delivery, Indefinite Quantity (IDIQ) Contract

Projects will be located along the U.S./Mexico border in the United States (States of Texas, New Mexico, Arizona, and California) and the Republic of Mexico (States of Tamaulipas, Nuevo Leon, Coahuila, Chihuahua, Sonora, and Baja California). Task Orders may include work to be performed within Mexico for International projects.

6. CONTRACT FOR (General description of services to be provided)

This is a firm fixed price (FFP), multiple award, indefinite delivery, indefinite quantity (IDIQ), Architect-Engineer (A-E) services solicitation. Services shall be in accordance with the Statement of Work (reference Section C).

7. CONTRACT AMOUNT(Express in words and figures)

$0.00

8. NEGOTIATION AUTHORITY

Per FAR 53.236-2(a), pending issuance of a new edition of the form, Block 8, Negotiation Authority, is deleted.

9. ADMINISTRATIVE, APPROPRIATION, AND ACCOUNTING DATA

Total Funded Amount:

AUTHORIZED FOR LOCAL REPRODUCTION

NSN 7540-01-152-8072

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 252 (REV. 10-83)

Prescribed by GSA - FAR (48 CFR) 53.236-2(a)

IBM14R0006

10. The United States of America (called the Government) represented by the Contracting Officer executing this contract, and the Architect-Engineer agree to perform this contract in strict accordance with the clauses and the documents identified as follows, all of which are made a part of this contract:

See table of Contents on page 3

If the parties to this contract are comprised of more than one legal entity, each entity shall be jointly and severally liable under this contract.

The parties hereto have executed this contract as of the date recorded in Item 2.

SIGNATURES NAME AND TITLES (Typed)

11. ARCHITECT-ENGINEER OR OTHER PROFESSIONAL SERVICES CONTRACTOR

A

B

C

D

12. THE UNITED STATES OF AMERICA

Contracting Officer

Laura A. Baker

STANDARD FORM 252 (REV. 10-83) BACK

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs E Inspection and Acceptance

52.236-23 Responsibility of the Architect-Engineer Contractor (Apr 1984) 52.236-24 Work Oversight in Architect-Engineer Contracts (Apr 1984) E.01 Time Required for Inspection and Acceptance E.02 Inspection and Acceptance

F Deliveries or Performance 52.242-14 Suspension of Work (Apr 1984) 52.247-34 F.O.B. Destination (Nov 1991) F.01 Place of Performance F.02 Contract Period of Performance F.03 Task Order Period of Performance F.04 Destination for F.O.B. Destination

G Contract Administration Data G.01 Contracting Officer G.02 Designation of Contracting Officer/Contract Administrator G.03 Contracting Officer's Representative (COR) G.04 Payments G.05 Invoices G.06 Accounting and Appropriation Data

H Special Contract Requirements H.01 General Information H.02 Government-Contractor Relationships H.03 Control of Study and Analysis Reports H.04 Control of Information H.05 Notification to the Government of Delays H.06 Construction Contracts with Architect-Engineer Firms H.07 Minimum Guarantee H.08 Ordering Procedures - Request for Task Order Proposal H.09 Contract Close Out Procedures for Architect-Engineering (A-E) Services H.10 Task Orders with Options

I Contract Clauses 52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (Apr 1984) 52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006) 52.203-7 Anti-Kickback Procedures (Oct 2010) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997) 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity (Jan 1997) 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010) 52.203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistlerblower Rights (Sep 2013) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) 52.204-13 System for Award Management Maintenance (JUL 2013) 52.209-6 Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.210-1 Market Research (Apr 2011) 52.215-2 Audit and Records - Negotiation (Oct 2010) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (Aug 2011) 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data - Modifications (Aug 2011) .17 52.215-12 Subcontractor Certified Cost or Pricing Data (Oct 2010) 52.215-13 Subcontractor Certified Cost or Pricing Data - Modifications (Oct 2010)

52.215-15 Pension Adjustments and Asset Reversions (Oct 2010) 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions (July 2005) 52.215-19 Notification of Ownership Changes (Oct 1997) 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications (Oct 2010) 52.217-8 Option to Extend Services (Nov 1999) 52.219-8 Utilization of Small Business Concerns (Jul 2013) 52.219-14 Limitations on Subcontracting (Nov 2011) 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) 52.222-3 Convict Labor (June 2003) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) 52.222-29 Notification of Visa Denial (June 2003) 52.222-35 Equal Opportunity for Veterans (Sep 2010) 52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010) 52.222-37 Employment Reports on Veterans (Sep 2010) 52.222-50 Combating Trafficking in Persons (Feb 2009) 52.222-54 Employment Eligibility Verification (Aug 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 Drug Free Workplace (May 2001) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000) 52.227-1 Authorization and Consent (Dec 2007) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 52.227-17 Rights in Data - Special Works (Dec 2007) 52.228-5 Insurance - Work on a Government Installation (Jan 1997) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.229-6 Taxes - Foreign Fixed-Price Contracts (Feb 2013) 52.232-17 Interest (Oct 2010) 52.232-18 Availability Of Funds (Apr 1984) 52.232-23 Assignment Of Claims (Jan 1986) 52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts (Jul 2013) 52.232-33 Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 Disputes (July 2002) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-25 Requirements for Registration of Designers (June 2003) 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984) 52.242-13 Bankruptcy (July 1995) 52.243-1 Alt III Changes - Fixed-Price (Aug 1987) - Alternate III (Apr 1984) 52.244-6 Subcontracts for Commercial Items (Dec 2013) 52.248-2 Value Engineering - Architect-Engineer (Mar 1990) 52.249-7 Termination (Fixed-Price Architect-Engineer) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991) 52.230-3 Disclosure And Consistency Of Cost Accounting Practices (May 2012) 52.230-6 Administration of Cost Accounting Standards (June 2010) 52.219-9 Small Business Subcontracting Plan (Jul 2013) 52.219-16 Liquidated Damages - Subcontracting Plan (Jan 1999) 52.229-10 State of New Mexico Gross Receipts and Compensating Tax (Apr 2003) 52.222-41 Service Contract Act of 1965 (Nov 2007) 52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) 52.222-44 Fair Labor Standards and Service Contract Act - Price Adjustment (Sep 2009) 52.232-10 Payments under Fixed-Price Architect-Engineer Contracts (Apr 2010) 52.203-14 Display of Hotline Poster(s) (Dec 2007) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995)

52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) 52.244-4 Subcontractors and Outside Associates and Consultants (Architect-Engineer Services) (Aug 1998) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) 52.236-22 Design Within Funding Limitations (Apr 1984) FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989)

J List of Attachments K Representations, Certifications, and Other Statements of Offerors or Respondents

52.204-8 Annual Representations and Certifications (Jan 2014) 52.209-7 Information Regarding Responsibility Matters (Jul 2013)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.204-7 System for Award Management (Jul 2013) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 52.216-27 Single or Multiple Awards (Oct 1995) 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Oct 2010) 52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sept 2006) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) L.01 Contractor's Contract Administrator

M Evaluation Factors for Award 52.217-5 Evaluation of Options (July 1990) M.01 Evaluatuion Factors for Award

001 This is a Firm Fixed Price (FFP), Multiple Award, Indefinite Delivery, Indefinite Quantity (IDIQ) contract for Architect-Engineer Service. Price/Cost information shall be identified at the Task Order level.

0.00

Doc Ref No:

Delivery Date FOB:

IBM14R0006

Line Item Summary

Solicitation Number:

IBM14R0006

Contract Number: Title: A-E IDIQ Multiple Award Contracts

Date of Solicitation:

02/28/2014

Line Item No. Description Quantity Unit Unit Price Total Cost

Section E- Inspection and Acceptance

Clause Title

52.236-23 Responsibility of the Architect-Engineer Contractor (Apr 1984)

52.236-24 Work Oversight in Architect-Engineer Contracts (Apr 1984)

E.01 Time Required for Inspection and Acceptance

The time required by the Government for inspection and acceptance, of each deliverable/submittal shall be in accordance with the Statement of Work and defined schedule for each Task Order. Method of preparation, to include quantity and schedule of delivery, for each deliverable/submittal shall be in accordance with the State-ment of Work and defined schedule for each Task Order.

E.02 Inspection and Acceptance

a. Inspection. Inspection of all deliverable/submittal items will be by the appointed Contracting Officer’s Rep-resentative or Contracting Officer as set forth in this Contract and individual Task Order.

b. Acceptance. Acceptance will be by the appointed Contracting Officer's Representative (COR) or Contracting Officer (CO) based upon conformance to the requirements set forth in this Contract and individual Task Order.

Section F- Deliveries or Performance

52.242-14 Suspension of Work (Apr 1984)

52.247-34 F.O.B. Destination (Nov 1991)

F.01 Place of Performance

The required projects or services shall be performed along the United States/Mexico international boundary from the mouth of the Rio Grande at the Gulf of Mexico to the Pacific Ocean. Locations shall be along the bor-der in the United States (States of Texas, New Mexico, Arizona, and California) and the Republic of Mexico (States of Tamaulipas, Nuevo Leon, Coahuila, Chihuahua, Sonora, and Baja California).

F.02 Contract Period of Performance

The base period of performance of this contract is from 10/01/2014 through 09/30/2015.

If exercised, the first option year will extend the contract period of performance from 10/01/2015 through 09/30/2016.

If exercised, the second option year will extend the contract period of performance from 10/01/2016 through 09/30/2017.

Options to extend shall be exercised at the unilateral right of the Government in accordance with FAR 17.207.

The award of the Contract for the base period does not create any right in the Contract for option years.

F.03 Task Order Period of Performance

The period of performance for each individual Task Order shall be identified in each individual Task Order.

F.04 Destination for F.O.B. Destination

The destination for F.O.B. Destination shall be specified in each individual Task Order.

Section G- Contract Administration Data

G.01 Contracting Officer

“Contracting Officer” means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The scope of the Contracting Officer's authority is defined by FAR 1.602-1, Warrant, and other applicable federal laws. The term includes certain authorized representation of the Contracting Officer within the limits of their authority as delegated by the Contracting Officer.

G.02 Designation of Contracting Officer/Contract Administrator

The Contracting Officer and/or Contract Administrator for this contract is:

Name: Laura A. Baker Address: International Boundary and Water Commission (IBWC)

4171 N Mesa St, STE C100 El Paso, TX 79902

Telephone: 915-832-4119 Fax: 915-493-2489 Email: Laura.Baker@IBWC.GOV

G.03 Contracting Officer's Representative (COR)

The Contracting Officer shall designate a technical representative to act for the Contracting Officer during the contract period. The Contracting Officer’s Representative (COR) will act for the Contracting Officer only in technical matters and will not be authorized to commit the Government on any contract terms, conditions, or changes in unit price, total price, quantity, or delivery schedule. Any changes to the contract in unit price, total contract price, quantity, quality, or delivery schedule will be made only by the Contracting Officer by executed modification to the contract. The limits of the COR will be in accordance with FAR 1.604.

The Contracting Officer’s Representative will be appointed in writing after contract award.

G.04 Payments

Payment will be made against individual Task Orders and in accordance with Contract Clause 52.232-10 Pay-ments under Fixed-Price Architect-Engineer Contracts. The invoicing schedule for each individual Task Order will be negotiated and set forth in each individual Task Order.

G.05 Invoices

Original invoices shall be submitted to the address identified on individual Task Orders.

G.06 Accounting and Appropriation Data

No funds are obligated by the basic contract. Funds will be obligated, as required, upon issuance of individual

Task Orders.

Section H- Special Contract Requirements

H.01 General Information

This Contract is a firm fixed price (FFP) indefinite delivery, indefinite quantity (IDIQ) multiple award contract for architect-engineering (A-E) services. Performance of services shall be made as authorized by this Contract, modifications hereto, and through execution of individual Task Orders against this Contract by the Contracting Officer.

H.02 Government-Contractor Relationships

(a) The Government and the Contractor understand and agree that the services to be delivered under this Con-tract are non-personal services and the parties recognize and agree that no employer-employee or master-servant relationships exist or will exist under this Contract between the Government and the Contractor's employees. It is, therefore, in the best interest of the government to afford the parties a full and complete understanding of their respective obligations.

(1) Contractor personnel under this contract shall not:

(i) Be placed in a position where they are appointed or employed by a federal officer, or are under the supervi-sion, direction, or evaluation of a federal officer, military or civilian;

(ii) Be placed in a position of command, supervision, administration or control over U.S. Section, International Boundary and Water Commission (USIBWC) personnel, or personnel of other contractors, or become a part of the government operation; and

(ii) Be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations of the US- IBWC or other applicable federal agencies;

(2) Employee relationship:

(i) The services to be performed under this Contract do not require the Contractor or its employees to exercise personal judgment and discretion on behalf of the government, but rather, the Contractor's employees will act and exercise personal judgment and discretion on behalf of the Contractor.

(b) Rules, regulations, directions, and requirements which are issued by the USIBWC authorities under their re-sponsibility for good order and administration are applicable to all personnel. This is not to be construed or in-terpreted to establish any degree of government control which is inconsistent with a non-personal services con-tract.

H.03 Control of Study and Analysis Reports

All studies or reports that are produced as a result of this Contract and individual Task Orders are property of the IBWC and shall not be released outside the USIBWC until final approval or official review of the study is accomplished. Accordingly, the Contractor shall affix to the cover of all interim, draft, and final reports the fol-lowing disclaimer: “The views, opinions, and findings contained in this report are those of the author(s) and shall not be construed as an official USIBWC position, policy, or decision, unless designated by other docu-mentation.”

Distribution of studies or reports in any stage of development or completion to other than the addressee as iden-tified in each individual Task Order shall not be made without the study/report sponsor’s approval. The Con-tractor shall submit any request for distribution other to the addressee as identified in each individual Task Or-der to the Contracting Officer.

H.04 Control of Information

The Contractor shall not duplicate or distribute in any form or manner any material generated during the per-formance of this Contract and individual Task Order; no public release is authorized without the express written consent of the Contracting Officer. The Contractor shall not incorporate into this project any instructions re-ceived either orally or in writing from other Government agencies without prior written approval for the USIB- WC Contracting Officer.

H.05 Notification to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or anticipates difficulty in complying with the delivery schedule or dates, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of individual Task Orders, the Con-tractor shall immediately notify the Contracting Officer and the Contracting Officer’s Representative in writing, giving pertinent details. NOTE: this data shall not be construed as a waiver by the Government of any delivery schedule or dates or of any rights or remedies provided by law or under this Contract.

The IBWC is not responsible for delays or any costs associated therewith, where the IBWC does not cause the delay.

H.06 Construction Contracts with Architect-Engineer Firms

In accordance with FAR 36.209, no contract for the construction of a project shall be awarded to the firm that designed the project or its subsidiaries or affiliates, except with the approval of the head of the agency or au-thorized representative.

H.07 Minimum Guarantee

This is an indefinite delivery, indefinite quantity (IDIQ) contract. The contract requires the Government to or-der and the Contractor to furnish at least a stated minimum. In addition, if ordered, the Contractor must furnish any additional services, not to exceed the stated maximum.

The Contractor is guaranteed a minimum of $2,500.00 per year at the end of each Contract period of perform-ance if: (1) the Contractor does not receive a Task Order for that Contract period of performance and (2) the Contractor has responded to and proposed on every Request for Task Order Proposal that is within the minim-um and maximum order limitations as identified in Contract Clause 52.216-19 Order Limitations.

H.08 Ordering Procedures - Request for Task Order Proposal

(a) General – the issuance procedures shall be in accordance with FAR 16.505 and those stated herein:

(1) Work under this Contract will be ordered by written Task Order on Option Form (OF) 347, Order for Sup-plies or Services, to the Contractor by the Contracting Officer.

(2) Each award will cite the Contract Number and Task Order Number.

(3) The Government will not be obligated to reimburse the Contractor for work performed, items purchased or delivered, or any costs incurred, nor shall the Contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by an executed Task Order from the Contracting Officer.

(4) The Contractor is not guaranteed issuance of any Task Orders above the minimum guarantee as identified in Section I of this Contract.

(5) Task Orders will be firm fixed price.

(6) Each Task Order will include as a minimum:

(i) Date of Order

(ii) Contract Number and Task Order Number

(iii) Statement of Work

(iv) Delivery or Performance Schedule

(v) Place of Delivery or Performance

(vi) Any Packaging, Packing, and Shipping Instructions

(vii) Accounting and Appropriation Date

(viii) Price

(ix) Place and Manner of Inspection and Acceptance

(x) Any Government Furnished Property, Material, or Facilities

(xi) Appropriate Wage Determination for Service Contract Act covered employees

(xii) Any Other Pertinent Information Required for Performance

(7) Task Orders will be based on the Government developed Statement of Work.

(8) Task Order may only be modified by an IBWC Contracting Officer.

(9) Modifications to Task Orders will be issued on Standard Form (SF) 30, Amendment of Solicitation/Modi-fication of Contract, and will cite the Task Order and Contract Number.

(10) The Contractor shall contact the Contracting Officer within two (2) calendar days of notification of the Re-quest for Task Order Proposal if the Contractor cannot submit a proposal on the Task Order.

(b) Task Order Awards

(1) Request for Task Order Proposal is limited to the A-E IDIQ Multiple Award Contractors. Contractors shall be provided with fair opportunity to be considered for each Task Order.

(2) Unless the Contracting Officer applies one of the exceptions to the fair opportunity process as noted in FAR 16.505, each Task Order will be awarded based on the following: Lowest Price Technically Acceptable (LPTA) or Best Value. The basis for award will be specified in the Request for Task Order Proposal. The Contracting Officer’s decision as to the selection for award of a Task Order is not subject to protest unless the protest is on the grounds that the order increases scope, period, or maximum value of the contract (reference FAR 16.505 Or-dering).

(c) Requirement for Proposals

(1) The Government is not obligated to obtain written proposals or hold discussions prior to award of a Task Order. If the Government determines that proposals are necessary, proposals will be submitted in writing. If all proposals contain deficiencies that would preclude awarding the task order, discussions will commence to re-solve the deficiencies and contractors will be provided an opportunity to submit final revised proposal.

(2) Proposal, if required, may address one or more of the following:

(i) The Contractor’s technical understanding of the work

(ii) The most efficient and effective plan to accomplish the work

(iii) Rational for proposed cost

(d) Selection Criteria: One or more of the following criteria in addition to price/cost may be considered for Task Order award (the basis for award will be specified in the Request for Task Order Proposal):

(1) Ability to meet Task Order requirements.

(2) Ability to meet Task Order schedule requirements.

(3) Past performance on previous Task Orders to include quality, timeliness, and cost control.

(4) Potential impact on other Task Orders placed under this Contract.

(5) Minimum Order Requirements.

(6) Amount of time the Contractor requires to make an informed business decision on whether to respond to po-tential Task Orders.

(e) Request for Task Order Proposal Requirements

(1) Request - the Contracting Officer will furnish the Contractor with a written Request for Task Order Propos-

al. The request will include:

(i) Task Order Statement of Work

(ii) Anticipated performance period and critical milestones

(iii) Place and manner of inspection and acceptance

(iv) Basis for award (Lowest Price Technically Acceptable (LPTA) or Best Value), and if applicable, selection criteria and proposal instructions

(v) Appropriate Wage Determination for Service Contract Act covered employees

(vi) Any other pertinent information (i.e. for the design of a facility, a list of area where recovered materials cannot be used in the facility’s construction)

(2) Proposal - the Contractor shall, within the time specified in the RFP, provide an original and one (1) copy to the contracting officer with:

(i) Detailed cost/price proposal in accordance with the instructions set forth in the RFP and if applicable, FAR 15.403-5 and Table 15-2

(ii) Proposed schedule for competing the Task Order

(iii) Other information requested in the Request for Task Order Proposal

(3) Discussions/Negotiations - upon receipt of the proposals, the Contracting Officer will review the proposals to ensure acceptability to the Government, decide to award without conducting discussions/negotiations, or hold discussions with one or more of the Contractors. When discussions/negotiations are conducted, each participat-ing Contractor will be given one opportunity to revise its initial proposal to reflect any changes that result from the discussion/negotiations.

(4) Award - upon completion of this process, the Contracting Officer shall execute a Task Order on an OF-347 and forward it to the successful Contractor electronically. Only upon receipt of an executed Task Order, signed by the Contracting Officer, shall the Contractor commence work. Unsuccessful Offerors will be notified.

(5) Multiple Task Orders - due to scheduling needs the Contracting Officer may have multiple Task Orders un-der way simultaneously. Under such situations, the Contractor must still complete all orders within the allowed schedule. The Government reserves the right to direct the Contractor to work on Task Orders of higher priority.

In such cases, time extensions will be granted for completion of Task Orders that have been delayed because of Government action.

H.09 Contract Close Out Procedures for Architect-Engineering (A-E) Services

Close-Out Process

The following are items required prior to Final Payment on individual Task Orders:

COR:

1) Performance Evaluation for Architect-Engineering Services (Reference FAR Clause 42.15)

2) COR Certificate of Contract Completion

Contractor:

1) Release of Claims

Contracting Officer:

1) Certificate of Contract Completion (GSA Form 218)

2) Contracting Officer’s Close-out Statement

3) Close-Out Checklist

H.10 Task Orders with Options

(a) The Contracting Officer may issue Task Orders that include options under any of the following conditions:

(1) The services being acquired are highly unique or specialized;

(2) The efforts to be performed are so integrally related that only a single contractor can reasonably perform the work; or

(3) Foreseeable additional effort fits the criteria of FAR 16.505(b)(2)(i)(C) as a logical follow-on.

(b) If the Task Order is awarded under multiple award contracts, only those Task Orders for which all awardees were given a fair opportunity to be considered shall include options. For purposes of FAR 52.216-19(b), the base award and each option are separate orders.

(c) Prior to exercising an option on a Tas Order, the Government will ensure that the Contract has adequate quantities and period of performance. The Contractor shall not begin performance on requirements in the Task Order option until the Government has exercised the option on the Task Order and, if necessary, the option on the Contract.

(d) Award of a Task Order with an option is subject to the conditions of this Contract and FAR 52.217-5, Evalu-ation of Options.

Section I- Contract Clauses

52.202-1 Definitions (Nov 2013)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (Apr 1984)

52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006)

52.203-7 Anti-Kickback Procedures (Oct 2010)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997)

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity (Jan 1997)

52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010)

52.203-13 Contractor Code of Business Ethics and Conduct (Apr 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistlerblower Rights

(Sep 2013)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013)

52.204-13 System for Award Management Maintenance (JUL 2013)

52.209-6 Protecting The Government's Interest When Subcontracting With Contractors Debarred, Suspended, or

Proposed for Debarment (Aug 2013)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

52.210-1 Market Research (Apr 2011)

52.215-2 Audit and Records - Negotiation (Oct 2010)

52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997)

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (Aug 2011)

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data - Modifications (Aug 2011)

52.215-12 Subcontractor Certified Cost or Pricing Data (Oct 2010)

52.215-13 Subcontractor Certified Cost or Pricing Data - Modifications (Oct 2010)

52.215-15 Pension Adjustments and Asset Reversions (Oct 2010)

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions (July 2005)

52.215-19 Notification of Ownership Changes (Oct 1997)

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -

Modifications (Oct 2010)

52.217-8 Option to Extend Services (Nov 1999) one (1) calendar day of contract expiration;

52.219-8 Utilization of Small Business Concerns (Jul 2013)

52.219-14 Limitations on Subcontracting (Nov 2011)

52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013)

52.222-3 Convict Labor (June 2003)

52.222-21 Prohibition of Segregated Facilities (Feb 1999)

52.222-26 Equal Opportunity (Mar 2007)

52.222-29 Notification of Visa Denial (June 2003)

52.222-35 Equal Opportunity for Veterans (Sep 2010)

52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010)

52.222-37 Employment Reports on Veterans (Sep 2010)

52.222-50 Combating Trafficking in Persons (Feb 2009)

52.222-54 Employment Eligibility Verification (Aug 2013)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.223-6 Drug Free Workplace (May 2001)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000)

52.227-1 Authorization and Consent (Dec 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)

52.227-17 Rights in Data - Special Works (Dec 2007)

52.228-5 Insurance - Work on a Government Installation (Jan 1997)

52.229-3 Federal, State and Local Taxes (Feb 2013)

52.229-6 Taxes - Foreign Fixed-Price Contracts (Feb 2013)

52.232-17 Interest (Oct 2010)

52.232-18 Availability Of Funds (Apr 1984)

52.232-23 Assignment Of Claims (Jan 1986)

52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts (Jul 2013)

52.232-33 Payment by Electronic Funds Transfer - System for Award Management (Jul 2013)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.233-1 Disputes (July 2002)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.236-25 Requirements for Registration of Designers (June 2003)

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984)

52.242-13 Bankruptcy (July 1995)

52.243-1 Alt III Changes - Fixed-Price (Aug 1987) - Alternate III (Apr 1984)

52.244-6 Subcontracts for Commercial Items (Dec 2013)

52.248-2 Value Engineering - Architect-Engineer (Mar 1990)

52.249-7 Termination (Fixed-Price Architect-Engineer) (Apr 1984)

52.253-1 Computer Generated Forms (Jan 1991)

52.230-3 Disclosure And Consistency Of Cost Accounting Practices (May 2012)

52.230-6 Administration of Cost Accounting Standards (June 2010)

52.219-9 Small Business Subcontracting Plan (Jul 2013)

52.219-16 Liquidated Damages - Subcontracting Plan (Jan 1999)

52.229-10 State of New Mexico Gross Receipts and Compensating Tax (Apr 2003)

52.222-41 Service Contract Act of 1965 (Nov 2007)

52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts)

(Sep 2009)

52.222-44 Fair Labor Standards and Service Contract Act - Price Adjustment (Sep 2009)

52.232-10 Payments under Fixed-Price Architect-Engineer Contracts (Apr 2010)

(a) Estimates shall be made monthly of the amount and value of the work and services performed by the Contractor under this contract which meet the standards of quality established under this contract. The estimates, along with any supporting data required by the Contracting Officer, shall be prepared by the Contractor and submitted along with its voucher.

(b) After receipt of each substantiated voucher, the Government shall pay the voucher as approved by the Contracting Officer or au-thorized representative. The Contracting Officer shall require a withholding from amounts due under paragraph (a) of this clause of up to 10 percent only if the Contracting Officer determines that such a withholding is necessary to protect the Government's interest and ensure satisfactory completion of the contract. The amount withheld shall be determined based upon the Contractor's performance re-cord under this contract. Whenever the Contracting Officer determines that the work is substantially complete and that the amount re-tained is in excess of the amount adequate for the protection of the Government, the Contracting Officer shall release the excess amount to the Contractor.

(c) Upon satisfactory completion by the Contractor and final acceptance by the Contracting Officer of all the work done by the Con-tractor under the "Statement of Architect-Engineer Services", the Contractor will be paid the unpaid balance of any money due for work under the statement, including all withheld amounts.

(d) Before final payment under the contract, or before settlement upon termination of the contract, and as a condition precedent thereto, the Contractor shall execute and deliver to the Contracting Officer a release of all claims against the Government arising un-der or by virtue of this contract, other than any claims that are specifically excepted by the Contractor from the operation of the release in amounts stated in the release.

(e) Notwithstanding any other provision in this contract, and specifically paragraph (b) of this clause, progress payments shall not ex-ceed 80 percent on work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifica-tions that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(End of clause)

52.203-14 Display of Hotline Poster(s) (Dec 2007)

(a) Definition.

"United States," as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph

(b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from DHS OIG Hotline Poster http://www.oig.dhs.gov/assets/Hotline/DHS_OIG_Hotline-optimized.jpg

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5,000,000, except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 10/01/2014 through 09/30/2015 for the Base Year, 10/01/2015 through 09/30/2016 for Option Year 1 (if exercised), and 10/01/2016 through 09/30/2017 for Option Year 2 (if exer-cised).

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

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $3,000,000.00;

(2) Any order for a combination of items in excess of $3,000,000.00; or

(3) A series of orders from the same ordering office within thirty (30) calendar days that together call for quantities exceeding the lim-itation in paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limita-tions in paragraph (b), unless that order (or orders) is returned to the ordering office within two (2) calendar days days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity (Oct 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were com-pleted during the contract's effective period; provided, that the Contractor shall not be required to make any de-liveries under this contract after one (1) year of contract expiration.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within one (1) cal-endar day of contract expiration; provided that the Government gives the Contractor a preliminary written no-tice of its intent to extend at least thirty (30) calendar days [60 days unless a different number of days is inser-ted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed forty-two (42) months (months)(years).

(End of clause)

52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond the current fiscal year. The Gov-ernment's obligation for performance of this contract beyond that date is contingent upon the availability of ap-propriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the current fiscal year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.244-4 Subcontractors and Outside Associates and Consultants (Architect-Engineer Services) (Aug 1998)

Any subcontractors and outside associates or consultants required by the Contractor in connection with the ser-vices covered by the contract will be limited to individuals or firms that were specifically identified and agreed to during negotiations. The Contractor shall obtain the Contracting Officer's written consent before making any substitution for these subcontractors, associates, or consultants.

(End of clause)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

http://farsite.hill.af.mil

[Insert one or more Internet addresses]

(End of clause)

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)

(a) Definition.

"First-tier subcontract" means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Con-tractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs.

(b) The Contractor shall report, in accordance with paragraphs (c) and (d) of this clause, annually by October 31, for services performed during the preceding Government fiscal year (October 1-September 30) under this contract for orders that exceed the thresholds established in 4.1703(a)(2).

(c) The Contractor shall report the following information:

(1) Contract number and order number.

(2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the order.

(3) The number of Contractor direct labor hours expended on the services performed during the previous Gov-ernment fiscal year.

(4) Data reported by subcontractors under paragraph (f) of this clause.

(d) The information required in paragraph (c) of this clause shall be submitted via the internet at www.sam.gov.

(See SAM User Guide). If the Contractor fails to submit the report in a timely manner, the Contracting Officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor's failure to comply with the reporting requirements a part of the Contractor's performance information under FAR subpart 42.15.

(e) Agencies will review Contractor reported information for reasonableness and consistency with available contract information. In the event the agency believes that revisions to the Contractor reported information are warranted, the agency will notify the Contractor no later than November 15. By November 30, the Contractor shall revise the report, or document its rationale for the agency.

(f)(1) The Contractor shall require each first-tier subcontractor providing services under this contract, with sub-contract(s) each valued at or above the thresholds set forth in 4.1703(a)(2), to provide the following detailed in-formation to the Contractor in sufficient time to submit the report:

(i) Subcontract number (including subcontractor name and DUNS number), and;

(ii) The number of first-tier subcontractor direct-labor hours expended on the services performed during the pre-vious Government fiscal year.

(2) The Contractor shall advise the subcontractor that the information will be made available to the public as re-quired by section 743 of Division C of the Consolidated Appropriations Act, 2010.

(End of clause)

52.236-22 Design Within Funding Limitations (Apr 1984)

(a) The Contractor shall accomplish the design services required under this contract so as to permit the award of a contract, using standard Federal Acquisition Regulation procedures for the construction of the facilities de-signed at a price that does not exceed the estimated construction contract price as set forth in paragraph (c) of this clause. When bids or proposals for the construction contract are received that exceed the estimated price, the contractor shall perform such redesign and other services as are necessary to permit contract award within the funding limitation. These additional services shall be performed at no increase in the price of this contract.

However, the Contractor shall not be required to perform such additional services at no cost to the Government if the unfavorable bids or proposals are the result of conditions beyond its reasonable control.

(b) The Contractor will promptly advise the Contracting Officer if it finds that the project being designed will exceed or is likely to exceed the funding limitations and it is unable to design a usable facility within these lim-itations. Upon receipt of such information, the Contracting Officer will review the Contractor's revised estimate of construction cost. The Government may, if it determines that the estimated construction contract price set forth in this contract is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in paragraph (c) of this clause, or the Government may adjust such estimated construction contract price.