IBM17R0004_A&E_IDIQ.pdf

ARCHITECT-ENGINEER CONTRACT

RATING 1. SOLICITATION NO.

IBM17R0004

2. DATE OF SOLICITATION

04/28/2017

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

Philip Johnson 4b. TELEPHONE

4c. EMAIL philip.johnson@ibwc.gov

5. PROJECT TITLE AND LOCATION

Architect-Engineering 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-Engineering (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 addition of the form, Block 8, Negotiatin 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)

IBM17R0004

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

Lanisa McCollum

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 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 Order with Options

I Contract Clauses 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) 52.232-10 Payments under Fixed-Price Architect-Engineer Contracts (Apr 2010) 52.236-22 Design Within Funding Limitations (Apr 1984) 52.244-4 Subcontractors and Outside Associates and Consultants (Architect-Engineer Services) (Aug 1998) 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015) 52.219-9 Small Business Subcontracting Plan (Jan 2017) 52.219-16 Liquidated Damages - Subcontracting Plan (Jan 1999) 52.230-3 Disclosure and Consistency of Cost Accounting Practices (Oct 2015) 52.230-6 Administration of Cost Accounting Standards (June 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 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 (Oct 2016) 52.204-13 System for Award Management Maintenance (Oct 2016) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 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) .16 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 (Nov 2016) 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 (Apr 2015) 52.222-26 Equal Opportunity (Sept 2016) 52.222-29 Notification of Visa Denial (Apr 2015) 52.222-37 Employment Reports on Veterans (Feb 2016) 52.222-41 Service Contract Labor Standards (May 2014) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year and Option Contracts) (May 2014) 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (May 2014) 52.222-50 Combating Trafficking in Persons (Mar 2015) 52.222-54 Employment Eligibility Verification (Oct 2015) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) 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) 52.229-10 State of New Mexico Gross Receipts and Compensating Tax (Apr 2003) 52.232-17 Interest (May 2014) 52.232-18 Availability Of Funds (Apr 1984) 52.232-23 Assignment of Claims (May 2014) 52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts (Jan 2017) 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 (May 2014) 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) 52.244-6 Subcontracts for Commercial Items (Jan 2017) 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) 52.243-1 Alt III Changes - Fixed-Price (Aug 1987) - Alternate III (Apr 1984) 52.203-14 Display of Hotline Poster(s) (Oct 2015) 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) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010) 52.222-35 Equal Opportunity for Veterans (Oct 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

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

52.204-8 Annual Representations and Certifications (Dec 2016) 52.209-7 Information Regarding Responsibility Matters (Jul 2013)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Oct 2010) 52.204-7 System for Award Management (Oct 2016) 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) 52.216-1 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 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999) L.02 Submissions

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

001 Firm fixed price (FFP), multiple award, indefinite delivery, indefinite quantity (IDIQ), Architect-Engineering (A-E) services. Services shall be in accordance with the Statement of Work (reference Section C).

1.00 EA

Base Year 10/01/2017 to 09/30/2018

Doc Ref No: 7309S2041021 Delivery Date FOB:

Destination

002 Firm fixed price (FFP), multiple award, indefinite delivery, indefinite quantity (IDIQ), Architect-Engineering (A-E) services. Services shall be in accordance with the Statement of Work (reference Section C).

1.00 EA

Opt Year One (1) 10/01/2018 to 09/30/2019

Doc Ref No:

Delivery Date FOB:

003 Firm fixed price (FFP), multiple award, indefinite delivery, indefinite quantity (IDIQ), Architect-Engineering (A-E) services. Services shall be in accordance with the Statement of Work (reference Section C).

1.00 EA

Opt Year Two (2) 10/01/2019 to 09/30/2020

Doc Ref No:

Delivery Date FOB:

004 Firm fixed price (FFP), multiple award, indefinite delivery, indefinite quantity (IDIQ), Architect-Engineering (A-E) services. Services shall be in accordance with the Statement of Work (reference Section C).

1.00 EA

Opt Year Three (3) 01/01/2020 to 09/30/2021

Doc Ref No:

Delivery Date FOB:

005 Firm fixed price (FFP), multiple award, indefinite delivery, indefinite quantity (IDIQ), Architect-Engineering (A-E) services. Services shall be in accordance with the Statement of Work (reference Section C).

1.00 EA

Opt Year Four (4) 10/01/021 to 09/30/2022 Doc Ref No:

Delivery Date FOB:

IBM17R0004

Line Item Summary

Solicitation Number:

IBM17R0004

Contract Number: Title: Architect and Engineer Services

IDIQ

Date of Solicitation:

04/21/2017

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 Statement 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 Representative or Contract-ing Officer as set forth in this Contract and individual Task Order.

b. Acceptance. Acceptance will be by the appointed Contracting Officer 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 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).

F.02 Contract Period of Performance

The base period of performance of this contract is from 10/01/2017 through 09/30/2018.

If exercised, the first option year will extend the contract period of performance from 10/01/2018 through 09/30/2019.

If exercised, the second option year will extend the contract period of performance from 10/01/2019 through 09/30/2020.

If exercised, the third option year will extend the contract period of performance from 10/01/2020 through 09/30/2021.

If exercised, the fourth option year will extend the contract period of performance from 10/01/2021 through 09/30/2022.

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 determ-inations and findings. The term includes certain authorized representation of the Contracting Officer within the limits of their authority as delegated by the Contracting Officer.

In no event, shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the Contractor be effective or binding upon the Gov-ernment. All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. The Contractor is hereby put on notice that in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of the work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.

G.02 Designation of Contracting Officer/Contract Administrator

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

Name: Lanisa McCollum Address: International Boundary and Water Commission (IBWC)

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

Telephone: 915-832-4120 Fax: 915-493-7388 Email: Lanisa.McCollum@ibwc.gov

G.03 Contracting Officer 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 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 Payments under Fixed-Price Architect-Engineer Contracts. The invoicing schedule for each individual Task Order will be negotiated and set forth in each individu-al 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-engin-eering (A-E) services. Performance of services shall be made as authorized by this Contract, modifications hereto, and through execu-tion 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 Contract 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 supervision, direction, or evalu-ation 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 USIBWC or other applic-able 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 responsibility for good order and administration are applicable to all personnel. This is not to be construed or interpreted to establish any degree of govern-ment control which is inconsistent with a non-personal services contract.

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 shall not be released outside the USIB- WC until final approval or official review of the study is accomplished. Accordingly, the Contractor shall affix to the cover of all in-terim, draft, and final reports the following disclaimer: “The views, opinions, and findings contained in this report are those of the au-thor(s) and shall not be construed as an official USIBWC position, policy, or decision, unless designated by other documentation.”

Distribution of studies or reports in any stage of development or completion to other than the addressee as identified in each individual Task Order shall not be made without the study/report sponsor’s approval. The Contractor shall submit any request for distribution other to the addressee as identified in each individual Task Order 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 performance of this Contract and individual Task Order; no public release is authorized without the express written consent of the Contracting Officer. The Con-tractor shall not incorporate into this project any instructions received either orally or in writing from other Government agencies without prior written approval for the USIBWC 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 Contractor shall immediately notify the Contracting Officer and the Con-tracting Officer’s Representative in writing, giving pertinent details. NOTE: this data shall not be construed as a waiver by the Gov-ernment of any delivery schedule or dates or of any rights or remedies provided by law or under this Contract.

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 authorized representative.

H.07 Minimum Guarantee

This is an indefinite delivery, indefinite quantity (IDIQ) contract. The contract requires the Government to order 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 performance if the Contract-or does not receive a Task Order for that Contract period of performance. If the Contractor declines to respond to a Request for Task Order Proposal that is within the minimum and maximum order limitations as identified in Contract Clause 52.216-19 Order Limita-tions, the Contractor is not eligible to receive the guaranteed minimum of $2,500.00 for the applicable Contract period of perform-ance.

H.08 Ordering Procedures - Request for Task Order Proposal

(a) General – the issuance procedures shall be in accordance with FAR 16.505, FAR Subpart 36.6 and those stated herein:

(1) Work under this Contract will be ordered by written Task Order on Option Form (OF) 347, Order for Supplies or Services, to the Contractor by the Contracting Officer. Any IBWC Contracting Officer is authorized to award a Task Order under this IDIQ.

(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 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 Con-tract.

(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 Services 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/Modification 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 Request 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) Task Orders will be evaluated in accordance with FAR SUBPART 36.6. Task Orders shall be evaluated based on the demonstrated competency and qualifications to perform the services at a fair and reasonable price. The evaluation will be based on the following: (1) professional qualifications necessary for satisfactory performance of required services; (2) specialized experience and technical com-petence in the type of work required; (3) capacity to accomplish the work in the required time; (4) past performance on contracts with the Government agencies and private industry in terms of cost control, quality of work, and compliance with performance schedules;

(5) location in the general geographical area of the project and knowledge of the locality of the project; and (6) acceptability under other appropriate evaluation criteria (as defined in the Request for Task Order Proposal).

(3) If a Contractor is determined to be the most highly qualified firm, and receives award of a Task Order, a logical follow-on Task Order may be issued to that Contractor, provided that all awardees were given a fair opportunity to be considered for the Original Task Order.

(4) 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 the Task Order is not subject to protest unless the protest is on the grounds that the order increases the scope, period, or maximum value of the contract (reference FAR 16.505 Ordering)

(5) No Contractor may be awarded a Task Order for Construction to include Construction Management if the Contractor designed the project.

(c) Requirement for Proposals

(1) The Government will make a written request for a Task Order proposal. Proposals shall be submitted in writing.

(2) Proposal shall address the evaluation criteria as established in the Request for Task Order Proposal.

(d) Selection

(1) The Contracting Officer will be the final selection authority at the Task Order level.

(e) Request for Task Order Proposal Requirements

(1) Request - the Contracting Officer will furnish all A-E IDIQ Contractors with a written Request for Task Order Proposal. The re-quest will include:

(i) Task Order Statement of Work

(ii) Anticipated performance period and critical milestones

(iii) Place and manner of inspection and acceptance

(iv) Any other pertinent information (i.e. for the design of a facility, a list of area where recovered materials cannot be used in the fa-cilities construction);

(2) Proposal - the Contractor shall, within the time specified in the RFP, provide an original and one (1) copy to the Contracting Of-ficer. If electronic submission via email is authorized then the Contractor shall only submit one (1) copy. Proposals shall be submitted in two separate volumes. Volume I shall address the Contractor’s Qualifications & Technical Understanding and Volume II shall ad-dress the Contractor’s Proposed Price (This Volume shall only be submitted if the Contracting Officer determines the Offeror’s pro-posal is the most highly qualified).

Volume I shall at the minimum address:

(i) Qualifications/Evaluation Criteria;

(ii) Technical Understanding;

(iii) Proposal schedule for completing the Task Order; and

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

Volume shall at a minimum address:

(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. Task Orders shall be Firm Fixed Price (FFP);

(ii) Rational for the proposed price.

(3) Negotiations - upon selection of the most highly qualified Contractor, negotiation of a fair and reasonable price will commence. If a fair and reasonable price cannot be negotiated, then the IBWC may begin negotiation with the next Contractor. If the original pro-posed price is considered to be fair and reasonable then the Government is not obligated to conduct 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 Con-tractor commence work. Unsuccessful Offerors will be notified.

(5) Multiple Task Orders - due to scheduling needs the Contracting Officer may have multiple Task Orders under 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 Order with Options

(a) The Contracting Officer may issue Task Orders that include options under 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 whick all awardes were given a fair opor-tunity to be considered shall include options. For purposes of FAR 52.216-19(b), the base award and each option are seperate orders.

(c) Prior to exercising an option on a Task 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 exer-cised the option on the Task Order and, if necessary, the option on the Contract.

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

Section I- Contract Clauses

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

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

52.236-22 Design Within Funding Limitations (Apr 1984)

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

52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015)

52.219-9 Small Business Subcontracting Plan (Jan 2017)

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

52.230-3 Disclosure and Consistency of Cost Accounting Practices (Oct 2015)

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

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

(Apr 2014)

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 (Oct 2016)

52.204-13 System for Award Management Maintenance (Oct 2016)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (Oct 2015)

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)

52.219-8 Utilization of Small Business Concerns (Nov 2016)

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 (Apr 2015)

52.222-26 Equal Opportunity (Sept 2016)

52.222-29 Notification of Visa Denial (Apr 2015)

52.222-37 Employment Reports on Veterans (Feb 2016)

52.222-41 Service Contract Labor Standards (May 2014)

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

Contracts) (May 2014)

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (May 2014)

52.222-50 Combating Trafficking in Persons (Mar 2015)

52.222-54 Employment Eligibility Verification (Oct 2015)

52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015)

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)

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

52.232-17 Interest (May 2014)

52.232-18 Availability Of Funds (Apr 1984)

52.232-23 Assignment of Claims (May 2014)

52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts (Jan 2017)

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 (May 2014)

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)

52.244-6 Subcontracts for Commercial Items (Jan 2017)

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)

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

52.203-14 Display of Hotline Poster(s) (Oct 2015)

(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 em-ployees, 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

(Contracting Officer shall insert- (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 $5.5 million, 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 10/01/2017 through 09/30/2022.

(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 30 days that together call for quantities exceeding the limitation in para-graph (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.

http://www.oig.dhs.gov/assets/Hoteline/DHS_OIG_Hoteline-optimized.jpgDHS OIG Hotline Poster

(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 2 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 [insert date].

(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) calander day; provided that the Government gives the Contractor a preliminary written notice of its intent to ex-tend at least thirty (30) days [60 days unless a different number of days is inserted] 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 sixty (60) months (months)(years).

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage - Fringe Benefits Adnistrative Assist III $15.74 / 36.25% Administrative Assist IV $19.49 / 36.25% Contract Administrator $41.12 / 36.25% Engineering Support Specialist $28.85 / 36.25%

(End of clause)

Engineering Technician II $26.26 / 36.25% Engineering Technician III $34.58 / 36.25% Engineering Technician IV $48.59 / 36.25% Inspector I $26.26 / 36.25% Inspector II $34.58 / 36.25% Professional Engineer $48.59 / 36.25% Safety Engineer $41.12 / 36.25% Safety Specialist $41.12 / 36.25%

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 giv-en in full text. Upon request, 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] [Insert one or more Internet addresses]

(End of clause)

52.202-1 Definitions (Nov 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(End of clause)

52.203-3 Gratuities (Apr 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative-

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Govern-ment; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled-

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This paragraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.203-5 Covenant Against Contingent Fees (May 2014)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this con-tract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the con-tractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is con-tingent upon the success that a person or concern has in securing a Government contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

(End of clause)

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

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcon-tractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this con-tract which exceed the simplified acquisition threshold.

(End of clause)

52.203-7 Anti-Kickback Procedures (May 2014)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontract-or, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in con-nection with a prime contract or in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime Contractor" as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

"Subcontract," as used in this…