NIHOF2010283 Ground Water Monitoirng Services RFP .pdf

Solicitation No.: NIHOF2010283

PART I - THE SCHEDULE

SECTION B - Supplies or Services and Price/Costs SECTION C - Description/Specifications/Work Statement SECTION D - Packaging, Marking and Shipping SECTION E - Inspection and Acceptance SECTION F - Deliveries or Performance SECTION G - Contract Administration Data SECTION H - Special Contract Requirements

PART II - CONTRACT CLAUSES

SECTION I - Contract Clauses

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - List of Attachments

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – Representations, Certifications, and Other Statements of Offerors SECTION L – Instructions, Conditions, and Notices to Offerors SECTION M – Evaluation Factors for Award http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM#B� http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM#C� http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM#D� http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM#E� http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM#F� http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM#G� http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM#H� http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM#I� http://www4.od.nih.gov/ocm/contracts/rfps/SAMPKT.HTM#J�

PART I--THE SCHEDULE

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

ARTICLE B.1. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES

The National Institutes of Health, Office of Research Facilities, Office of Acquisitions at the Rocky Mountain Laboratories (RML), through this procurement, intends to award a Firm-Fixed Price (FFP) contract for a base year and four (4) yearly option periods for ground water monitoring in support of the National Institutes of Health specified herein and within the Statement of Work and other documents attached at Section J. The attached Statement of Work along with the other attached documents describes the requirements for the National Institutes of Health located at 903 South 4th Street, Hamilton, Montana 59840 for work to be performed in Ravalli County, MT.

ARTICLE B.2. PRICES/COSTS

In order to be considered responsive, a bidder must bid on all line items in the quantities stated in the Bid Schedule.

BID SCHEDULE

GROUNDWATER MONITORING SERVICES FOR THE NATIONAL

INSTITUTES OF HEALTH

Item Unit No. Work or Material Quantity Unit Price Amount

1 Base Year (1 Oct 2010 – 30 Sep 2011) The Contractor shall provide all required items to provide ground water monitoring services in Ravalli County, MT in accordance with the Statement of Work

1.1 Revision of Groundwater 1 Job Lump $_____________

Monitoring Plan Sum

1.2 Renwal/reverification of access 1 Job Lump $_____________ Rights for groundwater monitoring Sum

1.3 Ground Water Monitoring 1 Job Lump $_____________

Sum

1.4 Operation of the Pump and 1 Job Lump $_____________

Treat system Sum

1.5 Ground Water Modeling 1 Job Lump $_____________

Sum

1.6 Maintenance of Existing Iron 1 Job Lump $_____________

And Manganese Filtration units Sum

Total Base Year $___________

2 Option Year 1 (1 Oct 2011 - 30 Sep 2012) The Contractor shall provide all required items to provide ground water monitoring services in Ravalli County, MT in accordance with the Statement of Work

2.1 Renwal/reverification of access 1 Job Lump $_____________ Rights for groundwater monitoring Sum

2.2 Ground Water Monitoring 1 Job Lump $_____________

Sum

2.3 Operation of the Pump and 1 Job Lump $_____________

Treat system Sum

2.4 Maintenance of Existing Iron 1 Job Lump $_____________

Total Option Year 1 $___________

3 Option Year 2 (1 Oct 2012 ) 30 Sep 2013) The Contractor shall provide all required items to provide ground water monitoring services in Ravalli County, MT in accordance with the Statement of Work

3.1 Renwal/reverification of access 1 Job Lump $_____________ Rights for groundwater monitoring Sum

3.2 Ground Water Monitoring 1 Job Lump $_____________

Sum

3.3 Maintenance of Existing Iron 1 Job Lump $_____________

Total Option Year 2 $___________

4 Option Year 3 (1 Oct 2013 ) 30 Sep 2014) The Contractor shall provide all required items to provide ground water monitoring services in Ravalli County, MT in accordance with the Statement of Work

4.1 Renewal/reverification of access 1 Job Lump $_____________ Rights for groundwater monitoring Sum

4.2 Ground Water Monitoring 1 Job Lump $_____________

Sum

4.3 Maintenance of Existing Iron 1 Job Lump $_____________

Total Option Year 3 $___________

5 Option Year 4 (1 Oct 2014 ) 30 Sep 2015) The Contractor shall provide all required items to provide ground water monitoring services in Ravalli County, MT in accordance with the Statement of Work

5.1 Renwal/reverification of access 1 Job Lump $_____________ Rights for groundwater monitoring Sum

5.2 Ground Water Monitoring 1 Job Lump $_____________

Sum

5.3 Maintenance of Existing Iron 1 Job Lump $_____________

And Manganese Filtration units Sum

5.4Groundwater Modeling 1 Job Lump $_____________ Sum

Total Option Year 4 $___________

Grand Total All Years $___________

SECTION C--DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

ARTICLE C.1. STATEMENT OF WORK

The Contractor shall furnish all the necessary personnel, material, equipment, services and facilities (except as otherwise specified in the Statement of Work), to perform the Statement of Work/Specifications referenced in Section J, List of Documents, Exhibits and Other Attachments.

SECTION D--PACKAGING, MARKING AND SHIPPING

THERE ARE NO CLAUSES OR PROVISIONS INCLUDED IN THIS SECTION.

SECTION E--INSPECTION AND ACCEPTANCE

The Contracting Officer or the duly authorized representative will inspect and accept materials and services to be delivered under the contract and resulting task orders. The contract/task orders will identify who will perform inspections and where the inspections will be performed. In addition, the following clauses will be incorporated by reference:

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

SECTION F--DELIVERIES OR PERFORMANCE

The Contracting Officer or the duly authorized representative will inspect and accept materials and services to be delivered under the contract and resulting task orders. The contract/task orders will identify who will perform inspections and where the inspections will be performed. In addition, the following clauses will be incorporated by reference:

FAR 52.242-15 Stop – Work Order (Aug 1989)

ARTICLE F.1. DELIVERIES

Satisfactory performance of the contracts requirements shall be deemed to occur upon delivery and acceptance by the Contracting Officer, or the duly authorized representative.

ARTICLE F.2. PERIOD OF PERFORMANCE

The period of performance shall be as described below:

Base Year: 1 October 2010 - 30 September 2011 Option Year 1: 1 October 2011 – 30 September 2012 Option Year 2: 1 October 2012 – 30 September 2013 Option Year 3: 1 October 2013 – 30 September 2014 Option Year 4: 1 October 2014 – 30 September 2015

ARTICLE F.2 PERFORMANCE CLAUSES

The Contractor shall perform as directed by the terms and conditions of this solicitation and the Statement of Work/Specifications referenced in Section J, List of Documents, Exhibits and Other Attachments.

SECTION G--CONTRACT ADMINISTRATION DATA

ARTICLE G.1. PROJECT OFFICER

The Government's Project Officer(s) will be identified in writing to the contractor under the contract.

The Project Officer is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract;

and (5) assisting in the resolution of technical problems encountered during performance.

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

ARTICLE G.2. KEY PERSONNEL

Contractor personnel considered by the Government to be essential to contract performance will be identified here. The Contracting Officer must be notified prior to removing any of these individuals from the contract:

Contract Manager Project Manager Quality Control Manager

ARTICLE G.3. INVOICE SUBMISSION

The Contractor shall also follow the invoice submission procedures specified below to meet the requirements of a "proper invoice” pursuant to FAR Subpart 32.9, Prompt Payment. Invoices under this contract and resulting task orders will be forwarded through the Project Officer and Contracting Officer for invoice review and approval. All invoices will contain the following information:

a. Invoice Number: Each payment request must be identified by a unique invoice number, which can only be used one time regardless of the number of contracts or task orders held by an organization (or business unit identified by a separate DUNS or DUNS+4 number). For example, if a contractor has already submitted an invoice number 05 on one of its contracts, or orders, it cannot use that same invoice number on any other contract or order. Payment requests with duplicate invoice numbers will be considered improper and will be returned to the contractor.

The NIH does not prescribe a particular numbering format but suggests using a job or account number for each contract and order followed by a sequential invoice number (example: 8675309-05). The only parameters for the invoice number are that it must be limited to 30 characters. There are no restrictions on the use of special characters, such as colons, dashes, forward slashes, or parenthesis.

If all or part of an invoice is suspended and the contractor chooses to reclaim those costs on a supplemental invoice, the contractor may use the same unique invoice number followed by an alpha character, such as “R” for revised (example:

8675309-05R).

b. Vendor Identification Number (VIN): Inclusion of the VIN number on the invoice is not required if the invoice identifies the contractor’s DUNS or DUNS+4 number.

c. Contractor’s Name, Address, and Points of Contact: The contractor’s name, address, and points of contact must be legible on the invoice. In the past we have seen in some instances the required information has been added by using a label that ends up covering other portions of the invoice. All information must be visible.

d. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is Office of Acquisition, ORF

e. Central Point of Distribution: The e-mail address for the Central Point of Distribution is unique to each contract. These e-mail addresses are required, the e-mail addresses may vary among and within the Office of Acquisition at the NIH, and are used to route the invoices to the proper office for processing.

f. Description of Supplies/Services: When submitting invoices under contracts with quantity based, line item pricing, the item description, unit of measure, and unit price must match those specified in the contract. For example, if the contract specifies 1 box of hypodermic needles (100/box) with a unit price of $50.00, then the invoice must state 1 box, hypodermic needles (100/box), $50.00, not 100 syringes at $0.50 each. Invoices that do not match the line item pricing in the contract will be considered improper and will be returned to the contractor.

g. Freight or Delivery Charges: All freight and delivery charges must be identified as a separate line item on the invoice.

h. Invoice Coordination: It is required that the contractor coordinate the amount he/she intents to bill for any period of construction services with the Project

Officer and Contracting Officer. It is further required that the Project Officer sign the invoice indicating that he/she concurs with the amount the contactor intends to bill for that period. The Project officer shall then send the invoice containing the Project Officer’s signature to the Contracting Officer for approval of payment.

The Contracting Officer will then forward the approved invoice to the Accounts Payable Office.

i. Invoice Matching Requirements: Identification of whether payment is to be made using a two-way or three-way match. This contract requires a Three-Way match.

j. Final Payment Instructions: The Contractor shall certify final payment with the following statement: “This is the final payment. No additional charges or invoices shall be submitted.” Also, the Contractor must submit a “Contractor’s Release of all Contracts” (NIH 2582) along with the final request for payment.

ARTICLE G.4. PAYMENT INQUIRIES

Inquiries regarding payment of invoices should be directed to the Accounts Payable Office, (301) 496-6088. It is recommended that contractors visit the following Silk Site to inquire about their individual invoices after a reasonable time has passed.

https://silk.nih.gov/adb/billpay

ARTICLE G.5. POST AWARD EVALUATION OF PAST PERFORMANCE

A final evaluation of contractor performance shall be conducted on this contract in accordance with FAR 42.15. The final performance evaluation shall be completed at the time of completion of the contract. The final evaluation will be submitted to the Contractor as soon as practicable. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement.

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SECTION H--SPECIAL CONTRACT REQUIREMENTS

ARTICLE H.1 WAGE RATES

The attached wage determination from the Secretary of Labor, see Section J, shall be incorporated in accordance with statutes for labor standards requirements for contracts over $2,500.00 involving service. Wage Determination No.: 2005-2318 Revision No.:

11 dated 06/22/2010.

ARTICLE H.2. REPORTING MATTERS INVOLVING FRAUD, WASTE AND

ABUSE

Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in NIH funded programs is encouraged to report such matters to the HHS Inspector General's Office in writing or on the Inspector General's Hotline. The toll-free number is 1-800-HHS-TIPS (1-800-447-8477). All telephone calls will be handled confidentially.

The e-mail address is Htips@os.dhhs.gov.

Office of Inspector General Department of Health and Human Services

TIPS HOTLINE

P.O. Box 23489 Washington, DC 20026 Information regarding procedural matters can be found with the Office of Management Assessment page.

mailto:Htips@os.dhhs.gov� http://www1.od.nih.gov/oma/pi/hotline.html� http://www1.od.nih.gov/oma/pi/hotline.html�

SECTION I--CONTRACT CLAUSES

Article I.1 FAR 52.252-2 Clauses Incorporated by Reference (JUN 1998)

This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

a. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1)

CLAUSES

FAR 52.202-1 Definitions (OCT 1995) FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-5 Covenant Against Contingent Fees (APR 1984) FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (JUL

1995) FAR 52.203-7 Anti-Kickback Procedures (JUL 1995) FAR 52.203-8 Cancellation, Rescission, and recovery of Funds for Illegal or

Improper Activity (JAN 1997) FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN

1997) FAR 52.203-12 Limitation on Payments to Influence Certain Federal

Transactions (Over $100,000) (JUN 1997) FAR 52.203-15 Whistleblower Protections Under The American Recovery And

Reinvestment Act of 2009 (June 2010) FAR 52.204-4 Printing/Copying Double-Sided on Recycled Paper (JUN 1996) FAR 52.204-7 Central Contractor Registration (APR 2008) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards (Jul 2010) FAR 52.209-6 Protecting the Government’s Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUL 1995)

FAR 52.215-2 Audit and Records – Negotiation (MAR 2009) – Alternate I

(MAR 2009)

FAR 52.215-8 Order of Precedence – Uniform Contract Format (OCT 1997) FAR 52.217-8 Option to Extend Services (NOV 1999) FAR 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) FAR 52.219-8 Utilization of Small Business Concerns (May 2004) FAR 52.219-14 Limitations on Subcontracting (DEC 1996) FAR 52.219-28 Post-Award Small Business Program Representation

(Apr 2009) FAR 52.222-1 Notice to the Government of Labor Disputes (FEB 1997) FAR 52.222-3 Convict Labor (AUG 1996) FAR 52.222-4 Contract Work Hours and Safety Standards Act – Overtime

Compensation (JUL 2005)

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1)

CLAUSES (Continued)

FAR 52.222-21 Prohibition of Segregated Facilities (FEB 1999) FAR 52.222-26 Equal Opportunity (FEB 1999) FAR 52.222-35 Affirmative Action for Disabled Veterans and Veterans of the

Vietnam Era (APR 1998) FAR 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) FAR 52.222-37 Employment Reports on Special Disabled Veterans and

Veterans of the Vietnam Era, and other Eligible Veterans

(SEPT 2006)

FAR 52.222-41 Service Contract Act of 1965 (Nov 2007) FAR 52.222-43 Fair Labor Standards Act and Service Contract Act – Price

Adjustment (Multiple Year and Option Contracts) (Nov 1996) FAR 52.222-50 Combating Trafficking in Persons (FEB 2009) FAR 52.222-54 Employment Eligibility Verification (JAN 2009) FAR 52.223-3 Hazardous Material Identification and Material Safety Data

(JAN 1997) – Alternate I (JUL 1995) FAR 52.223-6 Drug-Free Workplace (JAN 1997) FAR 52.223-14 Toxic Chemical Release Reporting (OCT 1996) FAR 52.223-15 Energy Efficiency in Energy Consuming Products (DEC 2007) FAR 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) FAR 52.227-1 Authorization and Consent (Dec 2007) FAR 52.227-14 Rights in Data – General (DEC 2007) FAR 52.229-3 Federal, State, and Local Taxes (APR 2003) FAR 52.232-1 Payments (Apr 1984) FAR 52.232-8 Discounts for Prompt Payment (Feb 2002) FAR 52.232-11 Extras (Apr 1984) FAR 52.232-16 Progress Payments (APR 2003) Alternate I (MAR 2000) FAR 52.232-17 Interest (OCT 2008) FAR 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) FAR 52.232-23 Assignment of Claims (JAN 1986) FAR 52.232-25 Prompt Payment (Oct 2008) FAR 52.232-33 Payment by Electronic Funds Transfer – Central Contractor

Registration (Oct 2003) FAR 52.233-1 Disputes (JUL 2002) – Alternate I (DEC 1991) FAR 52.233-3 Protest After Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.243-1 Changes (AUG 1987) - Alternate I (Apr 1984) FAR 52.244-6 Subcontracts for Commercial Items (FEB 2009) FAR 52.246-25 Limitation of Liability – Services (Feb 1997) FAR 52.249-4 Termination for Convenience of the Government (Services)

(Short Form) (Apr 1984) FAR 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) FAR 52.253-1 Computer Generated Forms (JAN 1991)

b. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION

REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES

HHSAR 352.202-1 Definitions (OCT 1995) – Alternate I (APR 1984) HHSAR 352.215-1 Instructions to Offerors – Competitive Acquisitions HHSAR 352.215-70 Late Proposals and Revisions (JAN 2006) HHSAR 352.223-70 Safety and Health (JAN 2006) HHSAR 352.232-9 Withholding of Contract Payments (JAN 2006) HHSAR 352.233-70 Litigation and Claims (APR 1984) HHSAR 352.249-14 Excusable Delays (JAN 2006) HHSAR 352.270-1 Accessibility of Meetings, Conferences, and Seminars to

Persons with Disabilities (JAN 2001) HHSAR 352.270-4 Pricing of Adjustments (JAN 2001) HHSAR 352.270-5 Key Personnel (JAN 2006) HHSAR 352.270-6 Publications and Publicity (JAN 2006) HHSAR 352.270-10 Anti-Lobbying (JAN 2006) HHSAR 352.270-13 Tobacco-Free Facilities (JAN 2006)

ARTICLE I.2. ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN FULL

TEXT

FAR 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 1 Feb 2009 through 31 Jan2015

(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)

FAR 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 $500.00

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

, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(2) Any order for a combination of items in excess of $5,000,000.00

(3) A series of orders from the same ordering office within

; or

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

52.216-21 of the Federal Acquisition Regulation (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 limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15

(End of clause) 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.

FAR 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

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(f) 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 completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 Jan 2015

(End of clause)

FAR 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 60 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days 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 5 years.

(End of clause)

FAR 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004)

(a) Definition. As used in this clause— “United States” means the 50 States, the District of Columbia, Puerto Rico, the

Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t45t48+2+8++%2845%29%20%20AND%20%28%2845%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20� employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR Part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR Part 470, Subpart B—Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to—

(1) Contractors and subcontractors that employ fewer than 15 persons;

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(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor’s employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor’s facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that—

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations;

one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall—

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department’s Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor’s official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR Part 470, Subpart B—Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or http://www.olms.dol.gov/� purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of clause)

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989)

In compliance with the Service Contract Act of 1965, as amended, 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 _GS-9 Step 1__

_____$22.85_____-_____$4.11__

(End of clause)

FAR 52.252-4 Alterations in Contract (APR 1984)

Portions of this contract are altered as follows:

_____As shown_________________________________

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PART III--LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

1. Statement of Work

2. Wage Rate Determination: Wage Determination No.: 2005-2318, Revision

No.: 11, Dated: 06/22/2010

3. Exhibit A, Current Work Plan

4. Exhibit C, Report Format – Quarterly Monitoring Report

5. Exhibit D, Report Format – Bi-Annual Report

6. Exhibit E, Location and Type of each system

7. Operations & Maintenance Pump and Treat Systems

PART IV—REPRESENTATIONS AND INSTRUCTIONS

SECTION K—REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFEROROS

K.1. CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

FAR 52.252-2 Clauses Incorporated by Reference (JUN 1998)

This contract incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007)

FAR 52.222-38 Compliance with Veterans’ Employment Reporting Requirements ((Dec 2001)

K.2. ADDITIONAL FAR CONTRACT CLAUSES INCLUDED IN FULL TEXT

FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that—

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to—

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory—

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision;

or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.

(2) The small business size standard is

$14 Million

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless— http://www.acqnet.gov/far/current/html/52_200_206.html#wp1137850� http://www.acqnet.gov/far/current/html/52_200_206.html#wp1137850� http://www.acqnet.gov/far/current/html/52_200_206.html#wp1137583�

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I).

This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

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(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in

Sudan—Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution

Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] __ (i) 52.219-19, Small Business Concern Representation for the Small Business

Competitiveness Demonstration Program.

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__ (ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

__ (iii) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic.

__ (B) Alternate I.

__ (iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

__ (vi) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.

__ (vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

__ (ix) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR CLAUSE # TITLE DATE CHANGE

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

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FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS

(DEC 2008)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are o are not o presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have o have not o, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(C) Are o are not o presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have o, have not o, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C.

§ 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C.