W10R0022.pdf

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until 02:00 PM local time 07 Sep 2010

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93 - 99 X H 100 - 130 veronica.a.mcguire@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

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

1 130

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W91236 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 6 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

803 Front St,Norfolk,VA23510 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

VERONICA A MCGUIRE 757-201-7366

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

3 - 11 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

13 - 15

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 16 - 23 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 24 - 25 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance 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 price 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 No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

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 AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

26 - 80

PART II - CONTRACT CLAUSES

USA ENGINEER DISTRICT, NORFOLK

CONTRACTING OFFICE

803 FRONT STREET

NORFOLK VA 23510-1096

757-201-7183FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

04 Aug 2010

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W91236-10-R-0022

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

FFP

Single Award Task Order Contract (SATOC) in support of the U.S. Army Corps of Engineers, Norfolk District for Environmental Support. These areas include restoration, conservation, compliance, prevention, technology, scientific studies, sustainability and real estate. These services are within the United States, including Alaska and Hawaii in support of military, civil and other federal agencies. The seed project will not be awarded and used for evaluation proposes only. The total SATOC contract is for a base period plus four option periods that shall not exceed $20,000,000.00. THIS IS A TOTAL SMALL BUSINESS SET- ASIDE PROCUREMENT. NAICS CODE 541620 applies to this procurement.

FOB: Destination

NET AMT

Section C - Descriptions and Specifications

CLAUSE NUMBER CLAUSE TITLE

SECTION C Description and Specifications

Text Scope of Work

SECTION E Inspection and Acceptance

52.246-4 Inspection of Services – Fixed Price

SECTION F Deliveries or Performance

52.211-11 Liquid Damages - Services

52.242-14 Suspension of Work

52.242-15 Stop Work Order

52.242-17 Government Delay of Work

52.247-34 F.O.B. Destination

SECTION G Contract Administration Data

Text Contract Administration Data

252-201-7000 Contracting Officer’s Representative (COR)

SECTION H Special Contract Requirements

Text Special Contract Requirements Information

SECTION I Contract Clauses

52.202-1 Definitions

52.203-3 Gratuities

52.203-5 Covenant Against Contingent Fees

52.203-6 Restrictions on Subcontractor

52.203-7 Anti-Kickback Procedures

52.203-8 Cancellation, Rescission & Recovery of Funds

52.203-10 Price or Fee Adjustment for Ilegal of Impro Act

52.203-12 Limitation on Payments to Influ Certain Fed Trans

52.204-1 Security Requirements

52.204-4 Printing/Copying Double Sided on Recyc Paper

52.204-7 Central Contractor Registration

52.204-9 Personal Identify Verification of Contractor Personnel

52.209-6 Protecting the Govt Interest w/Subcontr

52.215-2 Negotiations

52.215-11 Price Reduction for Defective Cost or Pricing Data

52.215-14 Integrity of Unit Price

52.215-19 Notification of Ownership Changes

52.215-21 Requirements for Price Reduction for Cost or Pricing Data

52.216-18 Ordering

52.216-19 Order Limitation

52.216-20 Definite Quantity

52.217-8 Option to Extend Services

52.217-9 Option to Extend to Term of the Contract

52.219-6 Notice of Total Small Business Set Aside

52.219-14 Limitation on Subcontracting

52.219-28 Post Award Small Business Program Representation

52.222-3 Convict Labor

52.222-4 Contract Work Hours

52.222-21 Prohibition of Segregated Facilities

52.222-26 Equal Opportunity

52.222-35 Equal Opportunity for Special Disabled Veterans

52.222-36 Affirmative Action for Handicapped Workers

52.222-37 Employment Reports on Spec Disabl

52.222-41 Service Contract Act of 1965

52.223-5 Pollution Prevention and Right to Know

52.223-6 Drug Free Workplace

52.223-10 Waste Reduction Program

52.223-14 Toxic Chemical Release Reporting

52.223-15 Energy Efficiency in Energy Consuming Products

52.223-17 Affirmative Procurement of EPA

52.225-13 Restrictions on Certain Foreign Purchases

52.225-14 Inconsistency B/t English Version

52.227-1 Authorization and Consent

52.227-3 Patent Indemnity

52.228-5 Insurance—Work on Govt Install

52.229-3 Federal, State and Local Taxes

52.229-6 Taxes – Foreign Fixed Price Contracts

52.232-1 Payments

52.232-9 Limitation on Withholding of Payments

52.232-11 Extras

52.232-17 Interest

52.232-23 Assignment of Claims

52.232-33 Payment by Electronic Funds Transfer

52.233-1 Disputes

52.233-3 Protests After Award

52.237-2 Protection of Government Buildings, Equipment

52.237-3 Continuity of Services

52.242-13 Bankruptcy

52.243-1 Changes

52.244-6 Subcontracts for Commercial Items

52.245-1 Government Property

52.246-20 Warranty Of Services

52.246-25 Limitation of Liability Services

52.249-4 Termination for Convenience of the Government - Services

52.249-8 Default

52.253-1 Computer Generated Forms

252.203-7001 Prohibition of Person’s Convicted of Fraud

252.203-7002 Requirements to inform employees of Whistleblower Rights

252.204-7003 Control of Government Personnel

252.205-7000 Provision of Info to Cooperative Agreement

252.209-7001 Disclosure of Ownership

252.215-7000 Pricing Adjustments

252.223-7001 Hazard Warning Labels

252.223-7004 Drug Free Work Force

252.223-7006 Prohibition on Storage & Disposal

252.225-7012 Preference for Certain Domestic - Commodities

252.225-7031 Secondary Arab Boycott of Israel

252.226-7001 Utilization of Indian Organization

252.243-7001 Pricing of Contr Adj

252.243-7002 Request for Equitable Adjustment

252.247-7023 Transportation

SECTION J List of Attachments Text Attachments

SECTION K Representation and Certification 52.203-11 Certification and Disclosure Regarding Payment

52.204-3 Taxpayer ID

52.204-5 Women Owned Business

52.204-8 Annual Rep/Certs

52.209-5 Certificate Regarding Responsibility Matters

52.219-1 Small Business Programs

52.222-22 Previous Contracts and Compliance

52.222-25 Affirmative Action Compliance

52.222-38 Compliance with Veteran’s Employment

52.223-13 Certificate of Toxic Chemical

252.209-7001 Disclosure of Ownership

SECTION L Instructions, Conditions, & Notice to Bidders Text Instructions to Bidders

52.204-6 DUNS Number

52.215-20 Requirements for Cost or Pricing Data

52.216-27 Single or Multiple Awards

52.214-34 Submission of Offers in English

52.216-1 Type of Contract

52.222-46 Evaluation of Compensation for Professional Employees

52.233-2 Service of Protest

52.237-10 Identification of Uncompensated Overtime

252.204-7001 Commercial and Government Cage Code

SECTION M Evaluation Factors for Award Text Factors for Evaluation

Performance Work Statement

Environmental Support

The U.S. Army Corps of Engineers, Norfolk District requires Environmental Support (ES) services for Department of Defense (DoD) and other federal agencies. Services include compliance, conservation, prevention, real estate, restoration, scientific studies, sustainability, and technology within the United States, including Alaska and Hawaii.

Environmental Support for these eight services will provide support for DoD and other federal agencies.

Services may include, but are not limited to, environmental assessments, environmental outreach and awareness, development of environmental reports and plans, data collection, database management, Environmental Management System (EMS) support, master planning support, regulatory compliance, habitat monitoring, pollution prevention, and conservation of wetlands, forests, endangered species, and cultural and natural resources.

Current customers supported by ES include major commands and installations of the U.S. Army, U.S.

Navy, U.S. Air Force, U.S. Marines and U.S. Coast Guard. The U.S. Department of Homeland Security, Department of the Interior, and National Oceanic and Atmospheric Administration (NOAA) will also be supported along with DoD and other federal agency customers.

Eight services have been developed for ES: compliance, conservation, prevention, real estate, restoration, scientific studies, sustainability, and technology.

Compliance. Compliance activities ensure that current operations comply with Federal, state and local applicable environmental requirements and regulations. Such laws and regulations include but are not limited to, wastewater discharge, other point and non-point source controls, drinking water quality, endangered species, noise abatement, wetlands, air quality attainment, historic properties, hazardous materials/waste management, pest management and sewage treatment.

Services may include, but are not limited to, regulatory compliance with environmental laws such as the Clean Air Act, Clean Water Act, Sediment Control Act, Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the National Environmental Policy Act (NEPA). Water quality, environmental awareness and training, hazardous materials, hazardous waste, pollution prevention, spill prevention, air pollution, permit applications, scientific and technological investigations to accomplish environmental compliance, environmental risk and impact, and monitor compliance with mitigation measures. Preserving, protecting, and restoring environmental aspects such as air, drinking water, stormwater, and wastewater. Environmental Management System (EMS), which ensures environmental liabilities are managed to determine root causes for compliance deficiencies identified during inspections.

Services may include inspections to determine compliance status, report findings, and to provide guidance on methods used to implement or improve the EMS. Provide technical support required to implement and maintain environmental compliance in accordance with DoD policy and guidance, military, local, State, and Federal regulations. Develop, review, and update Records of Environmental Consideration (RECs), Memorandum of Environmental Consideration (MOECs), and other environmental documents, reports, and plans as required. Maintain an Environmental Performance Assessment System (EPAS), maintain a National Pollutant Discharge Elimination System (NPDES), perform internal environmental compliance (IEC) inspections, spot checks, site visits, surveys, monitoring, inventories, evaluations, assessments, investigations, data collection, analyze data, database management, outreach activities, environmental program development, implement new compliance regulations and program requirements, and implement control measures.

Conservation. Conservation activities focus on conserving, protecting, and enhancing natural and cultural resources. The main purpose of conservation is to ensure the long-term integrity of valuable resources, such as air quality, local and regional water supply, wetlands, forestry, flora and fauna, soil, endangered species habitat, and historic and cultural properties. Conservation includes the Integrated Training Area Management (ITAM) Program and other programs that develop preventive measures to mitigate potential environmental impacts caused by training, construction, testing or other operations. Natural and Cultural Resources Management is part of the conservation pillar and pertains to the management, conservation and restoration of the land itself and those renewable natural resources thereon.

Services may include, but are not limited to, site visits, surveys, investigations, monitoring, studies, inventories, collect and analyze data, determine potential threats, control nuisances, assess habitat quality, environmental impact statements and analysis, environmental assessments, acquisition and implementation of permits, database management, evaluations, develop reports and plans, and may involve the management and planning of natural resources, wetlands, forestry, fish and wildlife, threatened or endangered species, cultural and historical resources, ecosystems, habitats, and populations. Develop protection and enhancement projects, habitat improvement and maintenance projects, and establish, implement, and participate in public awareness programs.

Prevention. Prevention activities focus on proactively eliminating the potential for pollution to the greatest extent possible, and require the reduction of hazardous materials use and hazardous waste generation. This includes life-cycle management, accident prevention, source reduction, implementation of a materiel and waste tracking system (such as the Hazardous Substances Management System (HSMS), and the use of products, processes, practices and other measures that reduce or eliminate hazardous materials use and hazardous waste generation.

Services may include, but are not limited to, environmental assessments, baseline risk assessments, hazardous waste management, site inspections, sampling, database management, determine cleanup actions and disposal methods, risk management, emergency planning, emergency response, pollution prevention associated with air sources, hazardous wastes, resource conservation and recovery act cleanups, drinking water, wastewater and storm water, pesticides, landfills, and open burn/open detonation compliance sites, track and report hazardous waste data including generation, accumulation, and shipment, create reports from the Hazardous Material Tracking System, update, implement, and maintain a Hazardous Material Management Plan, prepare site-specific contingency plans, prepare Facility Response Plans and Spill Prevention, Control and Countermeasures Plans for oil and other petroleum products, and prepare Emergency Response Plans which identify activities necessary for compliance with regulations on emergency planning for release of hazardous materials, including the Risk Management Plan, and the Emergency Planning and Community Right-to-Know Act, and establish procedures to ensure installation compliance with environmental regulatory requirements.

Real Estate. Real Estate support may also be necessary for real estate programs of Federal agencies, requiring the need to develop strategies for acquisition, accessing and disposal, and transfer of real estate to and from government agencies. Real estate requirements may also be developed for implementation and execution of activities and programs that have an impact on acquisition, management and/or disposal of real property.

Services may include, but are not limited to, compliance with regulations in the Real Property/Master Planning Programs, maintaining environmental documentation, and verification of boundary identification for encroachment spills and dumping. Validate leases, easement, licenses, or permits, develop reports, perform briefings, surveys, and data collection, review documents, and database management. Perform investigations for land use requirements or type of property or land to be leased. Determine, prepare, and review documentation required, such as the Report of Availability, Environmental Impact Statement, Environmental Assessment, Environmental Condition of Property or Record of Environmental Consideration to ensure documentation supports the real estate action.

Work on environmental projects such as land exchanges, land leased, and conveyance of property to DoD and other federal agencies.

Restoration. Restoration activities ensure clean-up of contaminated sites based on health and safety risks in order to protect human health and the environment. A results-oriented cleanup program allows for more viable use of the land for DoD and other federal agencies. The Defense Environmental Restoration Program (DERP) consists primarily of the Installation Restoration Program (IRP), the Formerly Used Defense Sites (FUDS) Program, the Defense and State Memorandum of Agreement Program (DSMOA) and the Base Realignment and Closure (BRAC) Program. Other supportable programs include but are not limited to, Superfund, Brownfields, Residential Communities Initiative (RCI) and Formerly Utilized Sites Remedial Action Program (FUSRAP).

Where appropriate, activities are closely coordinated with the Environmental Protection Agency (EPA) and the applicable states.

Services may include, but are not limited to, site identification, site visits, data collection, database management, environmental assessments, program management, corrective action plans, long-term planning for installation restoration efforts, and restoration of ecosystems, habitats, and watershed areas. Restoration Advisory Boards, conferences, or environmental outreach and awareness, which may involve facilitating meetings, preparation of agendas, coordination of the facility and all associated media requirements, presentations, meeting minutes, public notices, fact sheets, and public outreach information.

Scientific Studies. Compliance, conservation, prevention, restoration, and sustainability services will involve some level of scientific studies to reach installation requirements for environmental support.

Services may include, but are not limited to, scientific studies related to sampling and analysis, environmental assessments, installation restoration efforts, site clean-up, groundwater, site surveys, habitat monitoring, data collection and analysis, regulatory compliance, hazardous waste, pollution prevention, long-term planning, wetlands, forestry, endangered species, and cultural and natural resources.

Sustainability. Sustainability activities preserve the environment and its resources including land, water, and air for successful long-term operations in the future. Sustaining installations involves clean air and water, secure and reliable energy resources, and pollution prevention. Long-term installation sustainability may also be addressed through the development of integrated conservation strategies. These strategies can reduce costs associated with environmental projects, improve the quality of workplace environments, and create more efficient uses of energy and waste reduction for installations.

Services may include, but are not limited to, Environmental Management Systems to identify and proactively manage environmental issues and environmental awareness, recycling, impact analysis, resource management, assessments and inspections, community relations and environmental awareness support, technical consultation on environmental requirements, environmental impact for facility and infrastructure projects, identify projects where the installation could reduce, reuse, recycle, or eliminate waste, conduct surveys, development of a green procurement program, water conservation, development of plans and reports, and ensure that sustainability concepts are included in all stages of projects at installations. Utilizing the Leadership in Energy and Environmental Design (LEED) system to evaluate building design and how it effects the environment. LEED areas of concern may include services involved with sustainable sites, water efficiency, energy and atmosphere, materials and resources, and indoor environmental quality.

Technology. Science in environmental technology has become an increasingly critical area of support for compliance, conservation, prevention, real estate, restoration, scientific studies, and sustainability services.

Services may include, but are not limited to, Strategic Environmental Research and Development Program (SERDP) management, Global Positioning System (GPS) surveys, Geographic Information Systems (GIS), remote sensing, data gathering, collection, and analysis, data reports, data management, conceptual models and applications to support environmental planning and operations, innovative research, and information systems management. Multi-media support services may include, but are not limited to, maintaining media sources, screening, archiving and retrieving files, providing presentation support, incorporating media into project execution and electronic briefings, and performing environmental compliance audits and inspections.

Task Orders. Task orders may be issued to the contractor for the entire project, for portions or specific tasks, or component parts of a larger project. Hourly labor rates will be predetermined. Include travel and Other Direct Costs (ODCs) within each applicable task.

Deliverables. All services are task oriented and will require an end-product or deliverable. Support deliverables may be provided in multiple forms, which may include but are not limited to, Environmental Impact Statements, Environmental or Biological Assessments, Property Reports, Inventories, Recovery Plans, Environmental Management Plans, Reports, Surveys, Analyses, Studies, Databases, and any other deliverable considered necessary to meet support requirements. Methods for providing services and deliverables will be tailored for each task order to meet each customer's needs.

Staffing. Personnel may be required to perform tasks on-site at a Government facility or at their own facilities. They must have the required education, training, and/or experience to successfully execute environmental support services.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY FULL TEXT

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

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

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

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

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

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

(End of clause)

Section F - Deliveries or Performance

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT

(SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $300.00 per calendar day of delay [Contracting Officer insert amount].

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly.

However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract. (c) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;

provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved, and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

52.247-34 F.O.B. DESTINATION (NOV 1991)

(a) The term "f.o.b. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall--

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

Section G - Contract Administration Data

G.1 CONTRACTING OFFICE

All contractual administration will be carried out by the Contracting Office, address as shown on the face page of this contract. Communications pertaining to the contract administration matters will be addressed to the Contracting Officer at the address shown. No changes in, or deviations from, the scope of work shall be effected without a change order executed by the Contracting Officer authorizing such changes.

G.2 CHANGES

The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

G.3 IDENTIFICATION OF CORRESPONDENCE

All correspondence and data submitted by the contractor under this contract shall reference the contract number, task order number and project title.

G.4. APPROPRIATION/FUNDING DATA

Appropriation/funding data will be cited on individual task orders.

G.5. GOVERNMENT – CONTRACTOR RELATIONSHIPS

(1) The Government and the contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are n0n-personal services and the parties recognize and agreed that no employer-employee or master-servant relationship exists under the contract between the Government and the contractor and /or between the Government and the contractor’s employees. It is therefore in the best interest of the Government to afford both parties a full and complete understanding of their obligations.

A. Contractor personnel under this contract shall not:

1. Be placed in a position where they are employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal Officer, military or civilian.

2. Be placed in a position of command, supervision, administration or control over

DA Military or civilian personnel or other contractors, or become a part of the Government organization.

3. Be used in administration or supervision of military or civilian procurement activities.

B. Employee Relationship:

1. The services to be performed under this contract do not require the contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, the contractor’s employees will act and exercise personal judgment and discretion on behalf of the contractor.

2. Rules, regulations, directives and requirements which are issued by DA Military Command Authorities under their responsibility for good order, administration and security are applicable to all personnel who enter the installation, or who travel on Government transportation. This is not to be construed or interpreted to establish any Degree of Government control which is inconsistent with a non-personal service contract.

C. In applicability of Employee Benefits:

This contract does not create an employer-employee relationship. Accordingly, entitlement and benefits applicable to such relationships do not apply.

1. Payments under this contract are not subject to Federal income tax withholding.

2. Payments under this contract are not subject to Federal Insurance Contributions Act.

3. The contractor is not entitled to unemployment compensation benefits under the

Social Security Act, as amended, by virtue of performance under this contract.

4. The contractor is not entitled to any workmen’s compensation benefits by virtue of this contract.

5. The entire consideration and benefits to the contractor for performance of this contract is contained in the provisions for payment under this contract.

G.6. SUBMISSION, COMMENCEMENT AND COMPLETION OF TASK ORDERS

When the Government identifies a need under this contract, a statement of the requirements including the performance period will be prepared and transmitted to the Contractor. The Contractor shall:

a. Prepare a technical statement that address how the work will be conducted within the required time frame.

b. Provide a list and resumes of Key Personnel to be utilized for the task order. Resumes shall be submitted for all employees unless previously submitted.

c. Other Direct Costs and Travel and Per Diem shall be reimbursed in accordance with FAR 31.205-46 and Section C of this solicitation/contract. Include Travel and Other Direct Costs within each applicable task.

d. Prepare a cost proposal in the following SAMPLE format:

1. DIRECT LABOR

TASKS LABOR DISCIPLINES HOURS RATES TOTAL

Task 1. Project Manager ________ ________ $___________

Task 2. Sr. Technician ________ ________ $___________

Task 3. Forester Mid-Level ________ ________ $___________

Task 4. Specialist ________ ________ $___________

/ TOTAL DIRECT LABOR $_________________

These items will be submitted to the Contracting Officer within 14 calendar days of receipt (unless a different timeframe is specified in the transmittal letter). The Contracting Officer will review the technical statement, staffing plan, and cost proposal for adequacy. TEB will review the technical proposal when deemed necessary.

Negotiations will be conducted on one or more of the items as necessary. When agreement is reached on technical approach, performance period, and price, a task order will be issued by the Contracting Officer. The Contractor will be required to commence work under each task order as specified in the task order and completion shall be as negotiated and specified in the task order.

G.7. ALLOWABLE ALLOCABLE COSTS

a. LABOR Labor prices in the schedule shall represent fully loaded hourly rates, including profit, overhead, and general and administrative (G&A) costs. Under no circumstances will purchase orders or subcontractors for such functions or equipment be recognized as an allowable cost under the “Payments” article hereof. It is understood that all such costs are included in the rates set forth in SECTION B. The cost limitation contained in this paragraph applies to, among other things, word processing and automatic data processing equipment used by the contractor in performing work under the contract, unless (1) the contractor’s cost accounting system requires that costs of such equipment be directly charged, and (2) the contractor had disclosed the nature of its accounting system in its offer. Any offeror required to directly charge the costs of equipment to be used in performance of the contract shall identify in its proposal the type of equipment reasonably required and the cost per hour charge for its use.

b. OTHER DIRECT COSTS Other direct costs for supplies and materials shall be chargeable to individual orders only for items negotiated and specified in the order. Chargeable costs shall be for those items above and beyond normal overhead and G&A costs. The costs shall normally be limited to reproduction costs and costs for final report binders.

c. TRAVEL AND PERDIEM

(1) Travel and Per Diem shall be reimbursed and allowed in accordance with the Joint Travel Regulations (JTR).

d. HANDLING FEE (ODC/TRAVEL/PERDIEM):

This cost shall be expressed in terms of a percentage and cover the general and administrative burden associated with coordination of these efforts. Chargeable costs shall be for those items above and beyond normal overhead and G&A costs.

G.8 SUBMITTAL OF MONTHLY PROGRESS REPORTS AND INVOICES FOR TASK ORDERS

Monthly Progress Reports and invoices shall be submitted to the address specified within the individual task orders for certification of services. Submit a monthly COR certified progress report and invoice for each task order. For each task order, complete the monthly progress report summarizing the work activities for that month. Submit the report to the Contracting Officer’s Representative for approval. Upon receipt of the signed report, forward the invoice, report, and travel data (when applicable) for payment. Release forms for final invoices, and one set of copies for each invoice package (invoice, report, and travel data) should also be included. The Norfolk District will process the documents, and payments will be made within thirty days in accordance with the Prompt Payment Act.

Improper reporting or invoice submittal will result in return of the documentation or delayed payment. The Norfolk District point of contact is Deborah Brooke, phone number 757-201-7010.

Invoices should be mailed to:

ATTN: Deborah Brooke U.S. Army Corps of Engineers, Norfolk District

CENAO-PM-J

803 Front Street Norfolk, Virginia 23510-1096

A. Instructions for Monthly Progress Report:

1. Report Heading

Company – name of firm and/or company logo Contact Number – number from the basic contract Delivery Order Number – number assigned to the delivery order Site and Program – customer location and program area Contracting Officer’s Representative – COR as assigned by Contracting Division Date – date of preparation Period Covered – month being reported Period of Performance – duration of delivery order, usually 12 month period Percent Complete – percent progress from conception

2. Body of Report

Progress this Period - description by task of work completed. Each task should correspond directly to the tasks outlined in the statement of work.

Objectives for Next Period - description of upcoming work. This can be a few sentences describing the anticipated work. If it is the last progress report, this should be noted.

Issues - note issues impeding work progress. If there are none, state no issues.

3. Certifications

Certifications of work complete shall include the statement, “I certify that this work has been completed.” Followed by that are three required signatures:

Employee - person who completed the work Company Project Manager - the employee’s supervisor, operations officer, president, or other company representative.

Contracting Officer’s Representative - the COR as assigned by Contracting Division. No other signature will be accepted for payment.

B. Example of a Monthly Progress Report:

Company:

Contract Number: Delivery Order Number:

Site and Program:

Contracting Officer’s Representative:

Date: Period Covered:

Period of Performance: Percent Complete:

Progress this Period:

Task 1:

Task 2:

Task 3:

Task 4:

Objectives for Next Period:

Issues:

I certify that this work has been completed:

Name Date Employee

Company Project Manager

Contracting Officer’s Representative

C. Instructions for Invoices:

1. Invoice Heading

Company – name of firm and/or company logo and address Taxpayer ID – as provided for IRS usage Contract Number – number from the basic contract Task Order Number – number assigned to the task order Site and Program – customer location and program area Period of Performance – duration of delivery order, usually 12 month period Billing Period – month being reported Contracting Officer’s Representative – COR as assigned by Contracting Division Account Number, Invoice Number – generated by company Date – date of preparation Remit to - remittance address for company Submitted to - U.S. Army Corps of Engineers, Norfolk District, 803 Front Street, Norfolk VA 23510- 1096, ATTN: Deborah Brooke CENAO-PM-J

Optional: Electronic Routing Transfer Number – as provided by bank Optional: Depositor Account Title, Number, and Coordinator – as provided for bank transfer

2. Body of Invoice

For each category report the following:

Total Amount – amount of award, including modification(s) Current Amount – amount of current invoice Current Percent – percent of task order currently being billed Cumulative Amount – amount of task order billed to date, including the current billing Cumulative Percent – percent of task order billed to date, including the current billing Remaining Amount – amount of task order remaining for subject category Remaining Percent – percent of task order remaining for subject category

Subject categories are as follows:

Labor – Original Amount – labor amount awarded in original task order, fixed price budget Labor – Modification Amount – labor amount awarded in task order modifications, fixed price budget Include Travel and Other Direct Costs within each applicable task labor amount.

G&A – general and administrative fee in accordance with basic contract. State percentage rate.

Total – Sum total of each of the above subtotals Certification - Certification of work complete shall include the statement, “I certify that this work has been completed.” Signature of the Chief Financial Officer, President or other certifying official shall accompany this statement.

D. Example of an Invoice:

COMPANY NAME CONTRACT NUMBER:

ADDRESS DO NUMBER:

ADDRESS SITE AND PROGRAM:

Point of Contact PERIOD OF PERFORMANCE:

Phone Number; Fax Number BILLING PERIOD:

TAX PAYER ID: 000-000000 COR:

ACCOUNT NUMBER: INVOICE NO:

DATE:

SUBMITTED TO: REMIT TO:

NORFOLK DISTRICT

REMITTANCE

ADDRESS

US ARMY CORPS OF ENGINEERS

REMITTANCE

ADDRESS

803 FRONT STREET

NORFOLK, VA 23510-1096

ELECTRONIC ROUTING TRANSFER

NUMBER:

ATTN: CENAO-PM-J DEPOSITOR ACCOUNT TITLE: FIRM OPERATING ACCT

DEPOSITOR ACCOUNT NUMBER: 00000

ACH COORDINATOR: NAME AND PHONE

NUMBER

TOTAL CURRENT CUMULATIVE

REMAININ

G

AMOUN

T AMOUNT AMOUNT AMOUNT

LABOR - Original Amount $ FP $ $ $

LABOR -

Modification 1 Amount $ FP $ $ $

TOTAL LABOR $ FP $ % $ % $ %

G&A (%) $ $ $ $

TOTAL $

NT

E $ % $ % $ %

I HEREBY CERTIFY THAT THIS WORK HAS BEEN PERFORMED:

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H.1 REQUIRED STANDARD OF WORKMANSHIP

Unless otherwise specifically provided in the contract, the quality of all services rendered hereunder shall conform to the highest standards in the relevant profession, trade or field of endeavor. All services shall be rendered by or supervised directly by individuals fully qualified in the relevant profession, trade or field, and holding any licenses required law or regulations.

H.2 PERSONNEL QUALIFICATIONS

(2) The Government reserves the right to review the resume of contractor personnel proposed to be assigned to this contract.