Solicitation - W912PP25RA001 Final.pdf

SECTION

15A. NAME AND

ADDRESS

OF OFFEROR

SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. EMAIL ADDRESS

11. TABLE OF CONTENTS

(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause Number 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE

UNITED STATES CODE AT:

10 U.S.C. 3204(a) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB) INVITATION FOR BID

NEGOTIATED (RFP) REQUEST FOR

PROPOSAL

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

Created On:

04 Jun 2025, 18:02 PM Central Daylight Time

ACKNOWLEDGEMENT SHEET

Amendments (Number and Date of Acknowledgement)

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

**If necessary, this Continuation Sheet must be completed and submitted with the Offeror’s proposal.

Base POP:

CLIN

PWS

Reference Task Description Amount Unit Price

0001 5.1.0.1 Project Management Plan (PMP) Deliverable 1 Job 0002 5.1.0.2 Kick-off and Weekly Status Meetings 1 Job 0003 5.1.0.3 Periodic Technical Meetings 1 Job

0004 5.1.0.4 Public Meetings, Public Events, Stakeholder events (including materials, minutes, planning meetings, and website support) 1 Job

0005 5.1.0.5 Monthly Status Reports and Invoices 1 Job

0014 5.2.0.1 Permitting and Access Agreements 1 Job 0015 5.2.0.2 Annual Work Plan Deferals (O&M, Groundwater Monitoring, Vapor Monitoring Plans) 1 Job 0016 5.2.0.3 Unified Federal Policy - Quality Assurance Project Plan (QAPP), Air Force Deliverable 1 Job 0017 5.2.0.4 Accident Prevention Plan (APP), Air Force Deliverable 1 Job

0034 5.3.0.1 O&M of GWTS 1 Job 0035 5.3.0.2 Operational and Performance Monitoring of GWTS and Injection Area Aquifer 1 Job 0036 5.3.0.3 Monitoring Well & Vapor Well Network Maintenance 1 Job

0051 5.4.0.1 Groundwater Monitoring 1 Job 0052 5.4.0.2 Drinking Water Monitoring 1 Job 0053 5.4.0.3 Soil Vapor Monitoring 1 Job 0054 5.4.0.4 Periodic Monitoring and Corrective Measure Reporting, Regulatory Deliverables 1 Job

Option Year 1 POP:

CLIN

PWS

Reference Task Description Amount Unit Price

0010 5.1.1 Project Management, Meetings, and Events for Option Year 1 1 Job

0022 5.2.1.1 Permitting for Option Year 1 1 Job 0023 5.2.1.2 Annual Work Plans, Option Year 1 1 Job 0024 5.2.1.3 Air Force Plans Updates, Option Year 1 1 Job

0047 5.3.1 O&M of GWTS and Wells including Monitoring and Reporting, Option Year 1 1 Job

0070 5.4.1 Groundwater, Soil Vapor, and Corrective Measures Monitoring, Option Year 1 1 Job

PRICING SCHEDULE

Site-wide Monitoring and Corrective Measures Operations and Modifications

Bulk Fuels Facility, Kirtland Air Force Base

Contract Award through 12 Months

Option Year 1 OPTION YEAR TASK 3.1, Operation, Maintenance, and Monitoring

Option Year 1

Base Period

Base Period

Base Period

Base Period

BASE TASK 1.00: Project Management

BASE TASK 2.00: Planning and Permitting

BASE TASK 3.00, Corrective Measures O&M and Monitoring

BASE TASK 4.00, Site Monitoring and Reporting

OPTION YEAR TASK 4.1, Site Monitoring and Reporting

OPTION YEAR TASK 1.1: Project Management

Option Year 1

OPTION YEAR TASK 2.1: Planning and Permitting

Base Period Total

12 months from exercising Option Year 1

Option Year 1 Total

Option Year 1

PRICING SCHEDULE

Site-wide Monitoring and Corrective Measures Operations and Modifications

Bulk Fuels Facility, Kirtland Air Force Base

Option Year 2 POP:

CLIN

PWS

Reference Task Description Amount Unit Price

5.1.2 0011 5.1.2 Project Management, Meetings, and Events for Option Year 2 1 Job

5.2.2 0025 5.2.2.1 Permitting for Option Year 2 1 Job 0026 5.2.2.2 Annual Work Plans, Option Year 2 1 Job 0027 5.2.2.3 Air Force Plans Updates, Option Year 2 1 Job

0048 5.3.2 O&M of GWTS and Wells including Monitoring and Reporting, Option Year 2 1 Job

0071 5.4.2 Groundwater, Soil Vapor, and Corrective Measures Monitoring, Option Year 2 1 Job

Option Year 3 POP:

5.1.3

0012 5.1.3 Project Management, Meetings, and Events for Option Year 3 1 Job 5.2.3

0028 5.2.3.1 Permitting for Option Year 3 1 Job 0029 5.2.3.2 Annual Work Plans, Option Year 3 1 Job 0030 5.2.3.3 Air Force Plans Updates, Option Year 3 1 Job

5.3.3 0049 5.3.3 O&M of GWTS and Wells including Monitoring and Reporting, Option Year 3 1 Job

5.4.3 0072 5.4.3 Groundwater, Soil Vapor, and Corrective Measures Monitoring, Option Year 3 1 Job

Option Year 4 POP:

5.1.4

0013 5.1.4 Project Management, Meetings, and Events for Option Year 4 1 Job 5.2.4

0031 5.2.4.1 Permitting for Option Year 3 1 Job 0032 5.2.4.2 Annual Work Plans, Option Year 3 1 Job 0033 5.2.4.3 Air Force Plans Updates, Option Year 3 1 Job

5.3.4 0050 5.3.4 O&M of GWTS and Wells including Monitoring and Reporting, Option Year 4 1 Job

5.4.4 0073 5.4.4 Groundwater, Soil Vapor, and Corrective Measures Monitoring, Option Year 4 1 Job

OPTION YEAR TASK 4.3, Groundwater Monitoring and Reporting

Option Year 4

Option Year 4

Option Year 4 Total

OPTION YEAR TASK 1.3: Project Management

Option Year 3 OPTION YEAR TASK 4.3, Groundwater Monitoring and Reporting

Option Year 3 OPTION YEAR TASK 3.3, Operation, Maintenance, and Monitoring

Option Year 3

OPTION YEAR TASK 2.3: Planning and Permitting

12 months from exercising Option Year 4 OPTION YEAR TASK 1.4: Project Management

OPTION YEAR TASK 2.4: Planning and Permitting

Option Year 4

OPTION YEAR TASK 3.4, Operation, Maintenance, and Monitoring

Option Year 4

Option Year 2 OPTION YEAR TASK 4.2, Site Monitoring and Reporting

Option Year 2 OPTION YEAR TASK 3.2, Operation, Maintenance, and Monitoring

OPTION YEAR TASK 1.2: Project Management

Option Year 2

OPTION YEAR TASK 2.2: Planning and Permitting

12 months from exercising Option Year 2

Option Year 2 Total

12 months from exercising Option Year 3

Option Year 3 Total

Option Year 2

Option Year 3

PRICING SCHEDULE

Site-wide Monitoring and Corrective Measures Operations and Modifications

Bulk Fuels Facility, Kirtland Air Force Base Optional Tasks

(POP)

CLIN

PWS

Reference Task Description Amount Unit Price

0006 5.1.0.6 Best Management Practice Plan (BMP) Deliverable for GWTS 1 Job 0007 5.1.0.7 Additional Stakeholder or Technical Meetings 1 Job 0008 5.1.0.8 Transfer of Knowledge from Previous Contractor 1 Job 0009 5.1.0.9 Transfer of Knowledge to Follow-on Contractor 1 Job 0018 5.2.0.5 Discharge Permit (DP-1839) and RCRA Permit Modification Support 1 Job 0019 5.2.0.6 Supplemental Investigation Work Plans, Regulatory Deliverables 1 Job 0020 5.2.0.7 Supplemental Monitoring Work Plans, Regulatory Deliverables 1 Job 0021 5.2.0.8 Supplemental Corrective Measures Work Plans, Regulatory Deliverables 1 Job 0037 5.3.0.4 Additional GAC Change-outs (First Award) 1 Job 0038 5.3.0.4 Additional GAC Change-outs (Second Award) 1 Job 0039 5.3.0.4 Additional GAC Change-outs (Third Award) 1 Job 0040 5.3.0.4 Additional GAC Change-outs (Fourth Award) 1 Job 0041 5.3.0.5 Additional Well Rehabilitation (First Award) 1 Job 0042 5.3.0.5 Additional Well Rehabilitation (Second Award) 1 Job 0043 5.3.0.5 Additional Well Rehabilitation (Third Award) 1 Job 0044 5.3.0.5 Additional Well Rehabilitation (Fourth Award) 1 Job 0045 5.3.0.5 Additional Well Rehabilitation (Fourth Award) 1 Job 0046 5.3.0.6 Replacement of Fouled or Failed Conveyance 1 Job 0074 5.3.0.7 Corrective Measures Consulting to Support CMI 1 Job 0075 5.3.0.8 Plans, Permits, and Preliminary Design for Limited Soil Vapor Extraction (SVE) System 1 Job 0076 5.3.0.9 Installation and Testing of SVE System, Regulatory Deliverables 1 Job 0077 5.3.0.10 Plans and Permitting for Extraction Wells with Water Rights, Regulatory Deliverables 1 Job 0055 5.4.0.5 Supplemental Monitoring Report, Regulatory Deliverable (First Award) 1 Job 0056 5.4.0.5 Supplemental Monitoring Report, Regulatory Deliverable (Second Award) 1 Job 0057 5.4.0.5 Supplemental Monitoring Report, Regulatory Deliverable (Third Award) 1 Job 0058 5.4.0.6 Well Abandonment, with Regulatory Deliverables 1 Job 0059 5.4.0.7A Off-Base Monitoring Well Installation, with Regulatory Deliverables (Five Wells) 1 Job 0060 5.4.0.7B Off-Base Monitoring Well Installation, with Regulatory Deliverables (Three Wells) 1 Job 0061 5.4.0.7C Off-Base Monitoring Well Installation, with Regulatory Deliverables (One Well) 1 Job 0062 5.4.0.8A Source Area Monitoring Well Installation, with Regulatory Deliverables (Four Wells) 1 Job 0063 5.4.0.8B Source Area Monitoring Well Installation, with Regulatory Deliverables (Two Wells) 1 Job 0064 5.4.0.8C Source Area Monitoring Well Installation, with Regulatory Deliverables (One Well) 1 Job 0065 5.4.0.9A Soil Vapor Monitoring Point Installation, with Regulatory Deliverables (Five Point Nest) 1 Job 0066 5.4.0.9B Soil Vapor Monitoring Point Installation, with Regulatory Deliverables (Three Point Nest) 1 Job 0067 5.4.0.9C Shallow Soil Vapor Monitoring Point Installation (Three Point Nest) 1 Job 0068 5.4.0.9D Shallow Soil Vapor Monitoring Point Installation (Three Point Nest) 1 Job 0069 5.4.0.9E Shallow Soil Vapor Monitoring Point Installation (Three Point Nest) 1 Job

O&M Tasks (12 Months)

OM&M Tasks (24 Months)

PROJECT TOTAL (BASE + OPTIONS)

Optional Tasks Awarded in Any Base or Option Year Total

Awardable During Any Base or Option Year Period

Planning Tasks (12 Months)

SUBTOTAL ALL OPTIONS

Monitoring Tasks (24 Months)

Planning Tasks (12 Months)

Section A - Solicitation/Contract Form

BULK FUELS FACILITY (BFF) GROUNDWATER TREATMENT SYSTEM OPERATIONS, KIRTLAND

AIR FORCE BASE, NM

Environmental remedial services contract for Groundwater Monitoring and Interim Remedial Measures Operations and Modification for the Bulk Fuels Facility (BFF) site at Kirtland Air Force Base (KAFB), New Mexico

W912PP25RA001

***Funds are not presently available for this acquisition. No contract award will be made until appropriated funds are made available. The Government reserves the right to cancel this solicitation, either before or after the closing date for receipt of proposals. In the event the Government cancels this Solicitation, the Government has no obligation to reimburse an offeror for any cost.***

PLEASE SEE PAGE 43 OF THIS SOLICIATION FOR IMPORTANT SITE VISIT INFORMATION.

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

****************Note to Offeror**************** The System for Award Management (SAM) registration (formerly CCR) should be completed prior to award of any resultant contract from the RFP. Failure to have this registration completed could cause delay of award or rejection of offer. To complete or update a SAM registration, go to www.sam.gov.

Please provide the following information with quote:

UEI Number: ______________________ Federal Tax ID Number: ______________________ CAGE Code: ______________________

CORPORATE, PARTNERSHIP, JOINT VENTURE CERTIFICATES

If the offer is submitted by a corporation, partnership or a Joint Venture, the applicable form listed below must be completed and submitted with the Standard Form 33. In the alternative, other evidence must be submitted to substantiate the authority of the person signing the offer. If a corporation, the same officer shall not execute both the offer and the certificate.

CORPORATE CERTIFICATE

I, _______________________________________________, certify that I am the Secretary of the corporation named as Offeror/Contractor herein;

that __________________________________________________ who signed this offer/contract on behalf of the Offeror/Contractor was then __________________________ of said corporation; that said offer/contract was duly signed for and on behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

______________________________ (CORPORATE SEAL)

(Secretary)

AUTHORITY TO BIND PARTNERSHIP

This is to certify that the names and signatures of all partners are listed below and that the person signing the offer had authority to actually bind the partnership pursuant to its partnership agreement. Each of the partners individually has full authority to enter into and execute contractual instruments, on behalf of said partnership, with the United States of America, except as follows: (State none or describe limitations, if any.)

This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to, and acknowledged by, the Contracting Officer.

(Type or Print Name) (Signature)

JOINT VENTURE

Provide a copy of the Joint-Venture (JV) agreement. The SF 33, Solicitation, Offer and Award form must be signed by the party with the authority to bind the JV as indicated in the agreement. Each party to the JV agreement shall complete one of the following entries:

W912PP25RA001

I, _______________________________________________, certify that I am the Secretary of the Corporation named as Offeror/Contractor herein, that __________________________________________________ who signed this offer/contract on behalf of the Offeror/Contractor was then _________________________ of said corporation by authority of its governing body and is within the scope of its corporate powers.

IN WITNESS WHEROF, I have hereunto affixed my hand and the seal of said corporation this ______________________ day of

AFFIX CORPORATE SEAL ___________________________

(Secretary)

(Corporation A)

I, _______________________________________________, certify that I am the Secretary of the Corporation named as Offeror/Contractor herein, that __________________________________________________ who signed this offer/contract on behalf of the Offeror/Contractor was then _________________________ of said corporation by authority of its governing body and is within the scope of its corporate powers.

IN WITNESS WHEROF, I have hereunto affixed my hand and the seal of said corporation this ______________________ day of

AFFIX CORPORATE SEAL ___________________________

(Secretary)

(Corporation B)

OFFEROR'S CHECKLIST

Administrative Notice to Offerors. Before signing and submitting this proposal, please take note of the following administrative details, as failure to properly perform any one of these actions may cause your proposal to be rejected:

[ ] Have you acknowledged receipt of ALL solicitation amendments? If in doubt as to the number of amendments issued, please contact Loretta Sanchez, Contract Specialist, at (505) 342-3210.

[ ] Have you completed Section K, Representations and Certifications?

[ ] Is your offer in sealed envelopes, price and technical, marked to show the Offeror's name and address, the solicitation number, and the date and time offers are due?

[ ] If any of the solicitation amendments involved changes to the proposal schedule, did you use the amended schedule for submitting your proposal?

[ ] Will your proposal arrive on time? In order for a late proposal to be considered, it must have been dispatched in accordance with the provisions of FAR 52.215-1, "Instructions to Offerors--Competitive Acquisition." Facsimile proposals will not be accepted.

[ ] Have you reviewed your proposal for possible errors in calculations or work left out?

Section C - Description/Specifications/Statement of Work

Please refer to Attachment 0001 Performance Work Statement for further detail.

Requirements The services include planning, permitting, regulatory compliance, collection of contaminant, geochemical, lithologic, hydraulic, and mechanical data; interpretation of chemical data sets to make assessments of contaminant nature extent and degradation processes; use of operational data to generate optimized system designs; perform remedial treatment system operation and install system upgrades; produce technical documents capable of withstanding subject matter expert scrutiny.

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.246-4 Inspection of Services-Fixed-Price. Aug 1996

Section F - Deliveries or Performance

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.242-15 Stop-Work Order. Aug 1989 52.247-34 F.o.b. Destination. Nov 1991

Section G - Contract Administration Data

SECTION G--Contract Administration Data

1. Invoicing/Payment Data:

1.1 Invoice/Payment: The Government shall pay all invoices promptly based on inspection and acceptance criteria, in accordance with the FAR clauses as found in Section F and I of this solicitation. Payment will be made in accordance with the FAR clauses as found in Section I of this solicitation.

1.2 All invoices will be identified with the resultant Contract Number.

1.3 Payment will be made by:

Department of the Army US Army Corps of Engineers Finance Center 5722 Integrity Drive Millington, TN 38054-5005

2. Contract Administration Data: This contract will be administered by:

U.S. Army Corps of Engineers Albuquerque District 4101 Jefferson Plaza NE Albuquerque, NM 87109-3435

The Contracting Officer's Representative(s) will be appointed in writing by the Contracting Officer for the contract at time of award.

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

Section H - Special Contract Requirements

SECTION H - Special Contract Requirements

1. Contract Type: The contract type is firm-fixed price.

2. Labor Rates: Shall be subject to U.S. Department of Labor Service Contract Act Wage Determinations.

3. Performance of Work: The Contractor shall perform all services within the time specified in the contract.

4. NAICS Code and Small Business Size Standard:

The North American Industry Classification System (NAICS) code for this acquisition is 562910.

The small business size standard is: 1000 employees.

A size standard, which is usually stated in number of employees or average annual receipts, represents the largest size that a business (including its subsidiaries and affiliates) may be to remain classified as a small business for SBA and federal contracting programs. SBA calculates average annual receipts and average employment in accordance with 13 CFR (S) 121.104 and 13 CFR (S) 121.106, respectively.

5. Electronic Funds Transfer: Payment by Electronic Funds Transfer is the mandatory method of contract payment. The Contractors' attention is directed to Contract Clause No. FAR 52.232-33, "Payment by Electronic Funds Transfer--System for Award Management."

6. Requirements For Protecting Federal Contract Information (Fci) And Controlled Unclassifed Information (CUI): Perspective offerors are advised that per current DoD guidance, they are required to comply with FAR 52.204-21, DFARS 252.204-7012, and DFARS 252.204-7020 requirements for safeguarding FCI and CUI for ALL DoD contract awards. In order to be considered for award, contractors are required to complete a cybersecurity assessment in the Supplier Performance Risk System (SPRS), https://www.sprs.csd.disa.mil PRIOR to submitting a proposal. Offerors must be registered in the Procurement Integrated Enterprise Environment (PiEE) in order to access SPRS. Offerors can register for PIEE access at https://piee.

eb.mil/piee-landing .

7. U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 and OSHA Requirements: The contractor will be required to comply with all pertinent provisions of the latest version of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 in effect on the date of the contract award. EM 385-1-1 and its changes are available at https://www.publications.usace.army.mil/USACE-Publications /Engineer-Manuals/. The Contractor must also comply with Occupational Safety and Health Act (OSHA) standards. OSHA standards are subject to change. It is the Contractor's responsibility to maintain familiarity with current OSHA standards.

8. Zero Accident Goal: The Albuquerque District, in its continual pursuit of excellence in safety has established a goal of zero accidents. To attain this goal, it will be necessary for contractor management to set the expectation that worker injury is unacceptable and to create a culture where employees at all levels accept ownership of their safety performance.

9. Contractor Performance Evaluations, Service Contracts: In accordance with the provisions of Subpart 42.15 (Contractor Performance Information) of the Federal Acquisition Regulation (FAR), Contractor's performance standards shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Army Federal Regulation Supplement (AFARS) 5142.15. For services, systems, and operations support and information technology and at the thresholds listed in AFARS, USACE will evaluate contractor's performance and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), which is a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CPARS requires specific software, called PKI certification, which is installed on the user's computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.csd.disa.

mil/. If the Contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the Contractor."

10. Insurance Required: The Contractor and subcontractors shall procure and shall maintain during the entire period of their performance under this contract the following minimum insurance (See Contract Clause pertaining to insurance in Section I).

a. Workers' Compensation and Employer's Liability. Contractors are required to comply with applicable Federal and State worker's compensation and occupational disease statutes. Employer's liability coverage of at least $100,000.00 is required.

b. General Liability. Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000.00 per occurrence and $100,000.00 for each accident or occurrence for property damage liability are required.

c. Automobile Liability. Automobile liability insurance written on the comprehensive form of policy of at least $200,000.00 per person and $500,000.00 per occurrence for bodily injury and $20,000.00 per occurrence for property damage are required.

d. In every case, the insurance coverage shall amount to at least the limits stated above. However, where the Financial Responsibility Compulsory Insurance Law of the state in which the installation is located required higher limits, the Automobile Liability Insurance Policy should provide coverage of at least those limits.

11. Compliance with Applicable Federal, State, and Local Requirements: In performing work under this contract, the contractor shall comply with all relevant federal, state, and local statutes, ordinances, laws and regulations.

12. Liability Disclaimer: The Contractor, shall hold the U.S. Army Corps of Engineers, hereinafter referred to as "the Government", harmless from liability to his employees while in the performance of this contract. If the Contractor elects to use Government-owned equipment as determined in the contract, the Contractor assumes all liability for maintenance of said equipment and injury to his employees while using said equipment. The

Contractor will hold the Government harmless from liability for injury to Contractor's employees due to mechanical failure of Government-owned equipment, materials, and facilities.

13. Permits and Responsibilities for Work: The Contractor shall, without additional expenses to the Government, obtain all licenses and permits required for the prosecution of the work. The contractor shall be responsible for all damages to persons or property that occurs as a result of his fault or negligence in connection with the prosecution of the work.

14. Supervision: The Government shall not exercise any supervision or control over the Contractor's employees performing services under this contract. Such employees shall be accountable not to the Government, but solely to the contractor, who in turn, is responsible to the Government.

15. Rights of the Government to Perform Functions with its Own Personnel: The Government reserves the right to perform or supplement performance of contract functions with Government personnel during periods of disaster, war, emergencies, police action, or acts of God.

16. Availability of Funds: The Availability of Funds for the Next Fiscal Year clause is applicable to options the Government may elect to exercise.

17. Army Contract Writing System (ACWS) Transition Information for Contractors

a. The Department of the Army is in the process of deploying a new solicitation and contract writing software application to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software application will replace most existing Army contract writing systems, including the system used to create and release this Contract.

b. During this transition period, Contractors are hereby advised:

1. The Contracting Office may use any combination of contract writing systems to generate distributable copies of this contract during its period of performance, as well as any subsequent modifications or orders (if applicable). As a result:

i. Subsequent documents you receive may appear noticeably different than the original award or previous contractual documents from the same Contracting Office.

ii. A change between contract writing systems may cause important information concerning contract terms and conditions to take on different formatting or appear in different parts of later documents issued.

iii. Contractors shall ensure Customer Relationship Management (CRM) systems and personnel interacting with this contract are prepared to identify and respond appropriately to differences between document versions.

2. The Government does not intend to use the shift between contract writing systems to effect any changes to Contract terms and conditions.

Therefore:

i. Contractors should view changes to terms or conditions between document versions as system-generated and potentially erroneous unless accompanied by narrative(s) designating such changes as deliberate and desired.

ii. Contractors shall inform the Contracting Officer listed on the first page of the most recent document issued for guidance regarding any suspected or observed inadvertent or system-generated changes (i.e., noticing something missing in a new conformed copy).

iii. The Government will correct any inadvertent or system-generated changes, additions, or omissions discovered by either party, via bilateral modification, at no cost to the Contractor.

iv. The terms and conditions contained in the latest document reflecting deliberate action by the Contracting Officer (i.e., the last conformed copy of the award not affected by the observed issue) will take precedence until the problems are corrected.

3. In the unlikely event award information is corrupted or mutilated during system migration and replacement or re-issuance of this contract is necessary for continued contract administration, the Contracting Officer will:

i. Issue a continuation contract in accordance with DFARS 204.1601(c) and DFARS PGI 204.1601(c), carrying over all terms and conditions from the last-known version of this contract to accurately reflect mutual agreement of the parties.

ii. Incorporate the last-known version of this contract to accurately reflect mutual agreement of the parties as an attachment to the replacement or continuation contract for future reference.

iii. Ensure any such reissuance or continuance is properly reported to preserve the integrity of Contractor performance measurement data, if any (i.e., FAPIIS, CPARS).

Section I - Contract Clauses

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.202-1 Definitions. Jun 2020 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. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020

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. Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021 52.203-16 Preventing Personal Conflicts of Interest. Jun 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

Jan 2017

52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

Dec 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023 52.204-30 Federal Acquisition Supply Chain Security Act Orders-Prohibition. Dec 2023

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

Jan 2025

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.210-1 Market Research. Nov 2021 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications. Jun 2020 52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications. Jun 2020 52.215-15 Pension Adjustments and Asset Reversions. Oct 2010

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

Nov 2021

52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-8 Utilization of Small Business Concerns. Jan 2025 52.219-33 Nonmanufacturer Rule. Sep 2021 52.222-1 Notice to the Government of Labor Disputes. Feb 1997 52.222-3 Convict Labor. Jun 2003 52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation. May 2018 52.222-35 Equal Opportunity for Veterans. Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. Dec 2010 52.222-41 Service Contract Labor Standards. Aug 2018

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

Aug 2018

52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-54 Employment Eligibility Verification. Jan 2025 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022 52.223-5 Pollution Prevention and Right-to-Know Information. May 2024 52.223-10 Waste Reduction Program. (DEVIATION 2025-O0004) May 2024 Deviation 2025-O0004 Mar 2025 52.223-23 Sustainable Products and Services. (DEVIATION 2025-O0004) May 2024 Deviation 2025-O0004 Mar 2025 52.224-3 Privacy Training. Jan 2017 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.226-7 Drug-Free Workplace. May 2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.227-1 Authorization and Consent. Jun 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. Jun 2020 52.227-17 Rights in Data-Special Works. Dec 2007

52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.232-1 Payments. Apr 1984 52.232-8 Discounts for Prompt Payment. Feb 2002 52.232-11 Extras. Apr 1984 52.232-17 Interest. May 2014 52.232-25 Prompt Payment. Jan 2017 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 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 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.237-3 Continuity of Services. Jan 1991

52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.

Nov 2024

52.242-13 Bankruptcy. Jul 1995 52.243-1 Changes-Fixed-Price. (Alternate I) Aug 1987 Alternate I Apr 1984

52.244-6 Subcontracts for Commercial Products and Commercial Services.

(DEVIATION 2025-O0003)

Jan 2025 Deviation 2025-O0003 Mar 2025

52.246-25 Limitation of Liability-Services. Feb 1997 52.247-12 Supervision, Labor, or Materials. Apr 1984 52.247-15 Contractor Responsibility for Loading and Unloading. Apr 1984 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-8 Default (Fixed-Price Supply and Service). Apr 1984 52.253-1 Computer Generated Forms. Jan 1991

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.

Jan 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.204-7000 Disclosure of Information. Oct 2016 252.204-7003 Control of Government Personnel Work Product. Apr 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

(DEVIATION 2024-O0013 REVISION 1)

May 2024 Deviation 2024-O0013 May 2024

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

May 2019

252.215-7002 Cost Estimating System Requirements. Jan 2025 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

Sep 2014

252.225-7001 Buy American and Balance of Payments Program. Feb 2024

252.225-7004 Report of Intended Performance Outside the United States and Canada - Submission after Award.

Jul 2024

252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.

Jan 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

Jun 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

Jan 2023

252.226-7003 Drug-Free Work Force. Aug 2024 252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.239-7001 Information Assurance Contractor Training and Certification. Jan 2008 252.243-7001 Pricing of Contract Modifications. Dec 1991

252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023

FAR Clauses Incorporated by Full Text

52.217-7 Option for Increased Quantity-Separately Priced Line Item. (Mar 1989)

Option for Increased Quantity-Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within by the end of the performance period[insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

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

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 30 days[insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days days[60days 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 5 years(months) (years).

(End of clause)

52.219-14 Limitations on Subcontracting. (Oct 2022)

Limitations on Subcontracting (Oct 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to-

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are-

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are-

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F);

or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for-

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-

[Contracting Officer check as appropriate.]

[X] By the end of the base term of the contract and then by the end of each subsequent option period; or

[ ] By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

52.219-28 Postaward Small Business Program Rerepresentation. (Alternate I) (Jan 2025) Alternate I (Mar 2020)

Alternate I (Mar 2020). As prescribed in 19.309 (c)(2), substitute the following paragraph (h)(1) for paragraph (h)(1) of the basic clause:

(h)(1) The Contractor represents its small business size status for each one of the NAICS codes assigned to this contract.

NAICS Code Small business concern (yes/no) 562910 ____ [Contracting Officer to insert NAICS codes.]

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

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 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits (End of clause)

52.223-3 Hazardous Material Identification and Material Safety Data. (Feb 2021)

Hazardous Material Identification and Material Safety Data (Feb 2021)

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert None) Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or…