Solicitation No. W91238-09-R-0017.pdf

W91238-09-R-0017

THIS PROCUREMENT IS 100% SET ASIDE FOR SMALL BUSINESS.

DD Form 1707-----INFORMATION TO OFFERORS

1. SOLICITATION NO. W91238-09-R-0017 for indefinite-delivery, indefinite-quantity multiple award task order contracts for planning and environmental studies within the South Pacific Division (SPD) boundaries

2. ISSUING OFFICE: USACE, Sacramento District, 1325 J Street, Sacramento, CA 95814-2922

3. PROCUREMENT INFORMATION:

X This procurement is 100% set-aside for small business concerns. The NAICS code is: 541620. The small business size standard is $7.0 million.

4. ADDITIONAL INFORMATION: Both a price proposal and a technical proposal are required.

The Price Proposal will include: (See Sections A, B, J, L and M.)

1. Proposal cover sheet; (Sample format in Section J, attachment No. 1);

2. SF33 and continuation sheets (Section A);

3. Section B, pricing schedule (Section B);

4. Pre-award survey (sample format in Section J, attachment No. 2);

5. Section K, representations and certifications (Section K & registration in www.orca.gov ;

6. Total Compensation Plan for Employees (FAR clause in Section L);

7. Identification of Uncompensated Overtime (FAR clause in Section L);

8. Joint venture agreement, if applicable.

The Technical Proposal will include offeror’s responses to: (See Sections C, J, L, and M)

1. Factor one – organizational experience – planning and environmental studies (Sections L and M; sample format for listing experience is in Section J, attachment No. 3)

2. Factor two – past performance quality – planning and environmental studies (Sections L and M; sample reference letter and questionnaire to be sent to references located in Section J, attachment No. 4)

3. Factor three - organization plan (Sections L and M)

QUESTIONS: Email questions to: Christopher.A.Swendsen@usace.army.mil And Patricia Christie at Patricia.A.Christie@usace.army.mil

OR FAX TO: (916)557-7854 (Attention to the above contract specialists).

CODE

(Hour)

PAGE

2PM local time MAY 27, 2009

X

A X B X C

D

EX

X G F 107-111

112 -124 X H 125 -127

Christopher.A.Swendsen@usace.army.mil

RATING PAGE 2 OF 127 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) x

(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.

W91238 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers shall be delivered as per instructions in SECTION L of the solicitation. If handcarried to 1325 J Street, follow instructions in Section L Offers due by

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

CHRISTOPHER A SWENDSEN 916-557-6992

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 4 5 - 8

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

9 -15 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

17 - 18 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 19 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 20 - 23 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

24 - 95

PART II - CONTRACT CLAUSES

USACE SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

1325 J STREET-ROOM 878

SACRAMENTO CA 95814-2922

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION9

96 - 106

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

APRIL 24, 2009

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

CONTINUATION OF STANDARD FORM 33,

BLOCKS 16 & 17:

(1) IF THE OFFEROR IS A JOINT VENTURE, EACH PARTICIPANT IN THE JOINT VENTURE

MUST COMPLETE THE FOLLOWING:

Company Name Signature Title

Company Name Signature Title

Company Name Signature Title

NOTE: If a corporation is participating as a member of a Joint Venture, the certificate below must also be completed and signed.

CORPORATION AUTHORIZATION TO PARTICIPATE IN JOINT VENTURE CERTIFICATE

I, ____________________, certify that I am the Secretary of the corporation named as a participant (name) in a Joint Venture on this offer; that _______________, (name) who signed said offer on behalf of the corporation was then _________________ (title) of said corporation; that the signature thereto is genuine; that said contract was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body; and that the corporation is authorized to participate in the Joint Venture on this offer.

(IMPRINT CORPORATE SEAL) (Name of Corporation)

(Secretary)

(2) IF THE OFFEROR IS A PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS BELOW.

SIGNATURES BY ALL PARTNERS HERE SIGNIFY THAT THE INDIVIDUAL WHO SIGNED THE

OFFER (STANDARD FORM 33), BLOCK 17, HAS THE AUTHORITY TO BIND THE

PARTNERSHIP.

Name Signature

CONTINUATION OF STANDARD FORM 33, BLOCKS 16 & 17

(3) IF THE OFFEROR IS A CORPORATION, THE OFFER SHALL BE SIGNED IN THE CORPORATE

NAME FOLLOWED BY THE WORD "BY" AND THE SIGNATURE OF THE PERSON

AUTHORIZED TO SIGN (STANDARD FORM 33, BLOCK 17). PROVIDE PROOF THAT THE

PERSON SIGNING FOR THE CORPORATION HAS THE AUTHORITY TO BIND THE

CORPORATION BELOW.

CORPORATION AUTHORIZATION CERTIFICATE

I, ____________________, certify that I am the secretary of the corporation

(name) named as offeror; that __________________, who signed said offer on behalf of

(name) the corporation was then __________________________ of said corporation; that

(title) signature thereto is genuine; that said contract was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing body.

(Name of Corporation)

(IMPRINT CORPORATE SEAL)

(Secretary)

(4) IF THE OFFEROR IS AN INDIVIDUAL DOING BUSINESS AS A FIRM, THE OFFER SHALL BE

SIGNED BY THAT INDIVIDUAL IN BLOCK 17 OF THE STANDARD FORM 33 FOLLOWED BY

THE WORDS "AN INDIVIDUAL DOING BUSINESS AS _____________________"

(INSERT NAME OF FIRM).

(5) WHEN AN AGENT SIGNS THE OFFER, PROVIDE PROOF OF THE AGENT'S AUTHORITY TO

BIND THE PRINCIPAL.

Part I Section B

Supplies or Services and Prices

The Contractor shall furnish all plant, labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract to include all attachments thereto.

The contract’s performance period shall begin upon contract award and proceed for 365 calendar days, which will be the base year. At the discretion of the Government, option years may be exercised.

Line Prime’s Item Fully Burdened Number Description Hourly Labor Rate

(Excluding Profit) 0001 Indefinite-delivery, indefinite-quantity multiple award task order contract for planning services for Civil, Military, and “Interagency and International Services” projects within the South Pacific Division (SPD) boundaries (Total combined and cumulative capacity of contracts is NTE $11.0 million over a five-year period.)

Prime Contractor:

Labor by Job Classification/Discipline:

Principal $___________________________ Program manager, senior $___________________________ Program manager $___________________________ Project manager, senior $___________________________ Project manager, staff $___________________________ NEPA/CEQA specialist $___________________________ Archaeologist $___________________________ Field crew chief $___________________________ Water resources planner, senior $___________________________ Water resources planner, staff $___________________________ Water resources planner, junior $___________________________ Hydrologist, senior $___________________________ Hydrologist, staff $___________________________ Hydrologist, junior $___________________________

Flood plain manager $___________________________ Real estate specialist $___________________________ Cost engineer, senior $___________________________ Cost engineer, junior $___________________________ HTRW specialist $___________________________ Risk analysis specialist $___________________________ Surveyor $___________________________ Hydraulic engineer, senior $___________________________ Hydraulic engineer, staff $___________________________ Hydraulic engineer, junior $___________________________ Geomorphologist, senior $___________________________ Geomorphologist, staff $___________________________ Geomorphologist, junior $___________________________ Mine closure planner, senior $___________________________ Mine closure planner, staff $___________________________ Mine closure planner, junior $___________________________

Economist,senior $___________________________ Economist, staff $___________________________ Economist, junior $___________________________ Cultural resources specialist $___________________________ Facilitator $___________________________ Aquatic ecologist, senior $___________________________ Aquatic ecologist, staff $___________________________ Aquatic ecologist, junior $___________________________ Biologist, senior $___________________________ Biologist, staff $___________________________ Biologist, junior $___________________________ Fisheries biologist, senior $___________________________ Fisheries biologist, staff $___________________________ Fisheries biologist, junior $___________________________ Wetland ecologist, senior $___________________________ Wetland ecologist, staff $___________________________ Wetland ecologist, junior $___________________________ Terrestrial ecologist, senior $___________________________ Terrestrial ecologist, staff $___________________________ Terrestrial ecologist, junior $___________________________ Water quality specialist, senior $___________________________ Water quality specialist, staff $___________________________ Water quality specialist, junior $___________________________ Air quality specialist, senior $___________________________ Air quality specialist, staff $___________________________ Air quality specialist, junior $___________________________ Recreation specialist, senior $___________________________ Recreation specialist, staff $___________________________ Recreation specialist, junior $___________________________ Technical writer, senior $___________________________ Technical writer, staff $___________________________ Technical writer, junior $___________________________ Public involvement spec, senior $___________________________ Public involvement spec, staff $___________________________ Public involvement spec, junior $___________________________ GIS/CAD specialist, senior $___________________________ GIS/CAD specialist, staff $___________________________ GIS/CAD specialist, junior $___________________________ Contract administrator $___________________________ Secretary $___________________________ Word processor $___________________________ Clerk $___________________________

0001 Subcontractor(s): Provide fully burdened labor rates including profit for key team subcontractors.

List each subcontractor separately with the subcontractor’s name and then all their fully burdened rates (including profit); then list the next subcontractor, etc.

Subcontractor Name

Labor by Job Classification/Discipline:

OFFEROR’S PROPOSED LABOR ESCALATION RATE FOR EACH YEAR OF THE CONTRACT:

Offeror shall propose escalation rates for each year (365 calendar day period), beyond the first year of the contract. The proposed escalation rates will be applicable to the prime and all key team subcontractors labor rates.

Option Year One _____% Option Year Two _____% Option Year Three _____% Option Year Four _____%

OFFEROR’S PROPOSED MULTIPLIER: (Indirect Cost Rate to be applied as appropriate to Other Direct Costs (ODCs) and consistent with Offeror’s accounting system)

ODC Multiplier ________

NOTES:

1. Subcontractors: The subcontractors who are included by the prime in the pricing schedule are those identified by the prime contractor as key team subcontractors. Key team subcontractors are subcontractors that the prime uses in their proposal to qualify for this contract and are subcontractors that the prime wishes to use during the life of the contract without having to obtain competition.

2. Definition of other direct costs (ODCs): Direct costs other than labor. ODCs, including equipment, supplies, travel, etc., are not pre-priced in the pricing schedule. These ODCs will be included in offerors’ proposals on individual task orders in accordance with offerors’ accounting systems and federal regulations.

3. The pricing schedule requires use of fully burdened hourly labor rates. Fully burdened for the prime contractor means direct labor plus all indirect costs and mark-ups consistent with the prime’s accounting system for which the prime expects payment EXCLUDING profit or fee. The profit or fee for the prime contractor will be negotiated for each task order. Fully burdened for a subcontractor means direct labor plus all indirect costs and mark-ups consistent with the subcontractor’s accounting system for which the subcontractor expects payment INCLUDING profit. The offeror and subcontractors will account for all of their costs in the labor rates entered into the pricing schedule – direct costs and all indirect costs (labor overhead, all other overhead costs, general and administrative (G&A), facilities capital cost of money (FCCOM), the prime’s markup to subcontractor’s fully burdened rates (indirect costs only, not to include any profit or fee going to the prime) and any other multipliers consistent with the prospective accounting system). When the contract is awarded, the labor rates in the contract pricing schedule for the prime contractor and subcontractors will be the contract rates; they will not be renegotiated if they are not correctly calculated and proposed by the contractor or the subcontractor as directed in this paragraph.

4. The job titles and classifications included in the pricing schedule are the Government’s anticipated job titles and classifications. All offerors must include and price all of these job titles and classifications at a minimum, whether through the use of personnel from the prime or through subcontractors. However, there may be job titles in the pricing schedule that are not, under the offeror’s accounting system, direct charged on projects; if the offeror does not give a labor rate for a job title for that reason, the offeror shall so state.

The Government has shown the job classifications within job titles as senior, staff and junior levels. The following definitions apply to the use of these classifications:

Senior level of the profession: Job management with some review function.

Staff level of the profession: Hands-on work effort; responsible for most of the work on a task order.

Junior level of the profession: Relatively new to the profession; still in an apprenticeship, not fully credentialed; works under the supervision of a staff or senior level person.

The offeror and subcontractors may separate the job titles into classifications by whatever method is common to their firm rather than the senior, staff and junior scheme, but the offeror must define their scheme and give definitions of the levels.

The job title of principal is defined as the owner, president, vice-president or CEO of the firm.

SECTION C

STATEMENT OF WORK

1. DESCRIPTION OF WORK. The work to be performed under this contract consists of conducting studies and analyses and preparing reports and supporting documents related to the Corps planning processes for civil, military, and “Interagency and International Services” (IIS) studies and projects, within the Corps of Engineers South Pacific Division (SPD) boundaries.

These boundaries include the states of California, Arizona, Nevada, Utah, New Mexico, and parts of Oregon, Idaho, Wyoming, Colorado, and Texas. See website www.spd.usace.army.mil for a map. These efforts may include, but are not limited to the following:

a. In accordance with federal water resource planning principles and procedures (primary guidance being ER 1105-2-100), conducting a wide range of planning studies and analyses of problems and opportunities, inventory and forecast, formulating measures and alternative plans, evaluating and comparing alternatives, and making recommendations regarding project implementation.

b. Preparing partial or complete planning documents such as reconnaissance, feasibility, post-authorization and other reports.

c. Conducting water resource economic analyses using Corps guidance and procedures found in

ER 1105-2-100 and ER 1105-2-101.

d. Supporting the military mission in accordance with AR 200-2 (Environmental Analysis of Army Actions), AR 200-3 (Natural Resources - Land, Forest and Wildlife Management), AR 200-4 (Cultural Resources Management), AF 32-7061 (Environmental Impact Analysis Process), and other resource specific regulatory guidelines, laws and regulations.

e. Preparing partial or complete documents relating to compliance with applicable federal, state and local environmental laws and regulations including the National Environmental Policy Act (NEPA) and/or California Environmental Quality Act (CEQA).

f. Conducting cultural resources studies and analyses and preparing documents under the

National Historic Preservation Act and related laws and regulations.

g. Conducting and documenting, for the purposes of planning studies, engineering analyses such as hydrology, reservoir operations, hydraulic, flood plains, civil designs, geotechnical analyses, seismic analyses, and others.

h. Developing ecosystem habitat surveys, modeling, and mitigation and monitoring plans.

Includes formulating ecosystem restoration plans as part of item 1.a. above.

i. Conducting limited investigations to document the existence of hazardous, toxic, and radiological waste (HTRW) within a study or project area.

j. Using geographic information systems (GIS) to store, access, and display data and mapping information.

k. Providing all documentation in both hard copies and digital format.

2. STATEMENT OF CONTRACTOR SERVICES. The Contractor shall provide or obtain professional expertise in all pertinent disciplines, facilities, equipment, materials, and labor to provide the services described in the scope of work (SOW) contained in each individual task order issued by the contracting officer.

a. Examples of work that contractors might accomplish under the Scopes of Work include, but are not limited to the following:

(1) Coordinate with Corps, non-federal partners, and other stakeholders to evaluate existing flood damage problems, historical flood flows, potential ecosystem restoration, and recreation problems and opportunities within the study area.

(2) Coordinate with Corps and non-federal partners to obtain required excavation permits, utility easements, rights-of-way, and other project-related requirements.

(3) Conduct field investigations to identify and map endangered species and critical habitat within the project areas.

(4) Conduct HTRW site surveys; identify all known sites; and map all known sites to GIS maps.

(5) Using existing information and site visits, conduct literature searches and interviews, and identify existing natural and cultural resources within the project area.

(6) Determine potential effects to natural and cultural resources posed by the potential Federal action.

(7) Prepare all or part of NEPA and/or CEQA documents, including, but not limited to, Environmental Assessments (EA), Environmental Impact Statements (EIS), Records of Environmental Consideration, Negative Declarations, and Initial Studies.

(8) Prepare draft and final reports, appendices, information papers, and other documents in support of planning studies and compliance documentation.

(9) Conduct Habitat Evaluation Procedures and similar terrestrial or aquatic evaluation procedures/modeling, and prepare reports discussing results, analyses, and conclusions.

(10) Prepare Biological Assessments according to Endangered Species Act guidelines.

(11) Develop Mitigation and Monitoring Plans including adaptive management strategies, as appropriate.

(12) Prepare military cultural resources and environmental documents such as Integrated

Natural Resources Management Plans and Integrated Cultural Resources Management Plans.

(13) Use Global Positioning System (GPS) technology and graphic software programs to map, store, and retrieve information and data within the project area.

(14) Identify problems and opportunities for flood damage reduction, ecosystem restoration, navigation, recreation, and watershed projects.

(15) Formulate appropriate flood damage reduction, ecosystem restoration, navigation, and recreation measures and alternative plans according to Corps regulations and guidance.

(16) Conduct economic flood risk management analysis to include: structure valuation (using resources such as Marshall & Swift), field inspection, data collection, flood damage analysis, risk-based analysis using HEC-FDA, and documentation of findings. Work efforts must be lead by an experienced economist familiar with Corps procedures of flood damage reduction.

(17) Perform all economic analyses according to Corps regulations and guidance to determine federal interest. Understand and apply the four accounts as described in EC 1105-2-409 and the P & G for proposed alternative plans and projects. These accounts are NED (National Economic Development), RED (Regional Economic Development), OSE (Other Social Effects), and EQ (Environmental Quality).

(18) Develop fact sheets and briefings, and prepare reconnaissance, feasibility, post authorization, and other reports in compliance with Corps regulations and guidance.

(19) Participate in alternative formulation and development meetings and conferences.

Develop and participate in public workshops, if necessary.

(20) Coordinate with Corps, non-federal partners, and other stakeholders to evaluate archaeological and historical properties, field work, survey reports, eligibility determinations, and mitigation plans.

(21) Perform technical writing and document editing. Follow federal GPO Style Manual guidelines and Corps guidance for electronic preparation and storage of files and data.

(22) Annotate all review comments in all phases of the studies to the satisfaction of the Corps reviewers, and submit required final documents in hard copies and electronic format for Corps approval.

(23) The contractor must be familiar with preparing Intergovernmental and Interagency

Coordination for Environmental Planning (IICEP) letters

(24) The contractor must be familiar preparing Integrated Natural Resource Management Plans and Integrated Cultural Resource Management Plans.

b. Actual examples of products that the contractor might deliver include, but are not limited to, the following:

(1) Draft or final Reconnaissance (905b) Analysis Report detailing the potential federal interest in a project. This report will include a preliminary description of problems and opportunities, preliminary environmental evaluation, general economic damage assessment, and general list of potential measures, alternative formulation strategies and alternative solutions. The format and content of a 905b Analysis will be in compliance with Corps guidance.

(2) Draft or final part(s) of or complete Feasibility Study (FS) or Feasibility Report (FR). The

Feasibility Studies or Feasibility Reports typically include, but are not limited to, a description of study authorization and related studies and projects, an analysis of problems and opportunities, the identification of project constraints and study objectives, without project condition, the description of potential management measures and related screening criteria, the alternative formulation strategy,development/evaluation/comparison of alternatives, future without-project and residual flood plains, interior drainage, residual drainage, geotechnical analysis, the mapping of known HTRW and environmentally sensitive sites, risk analysis, real estate and construction cost estimates, the assessment of economic damages, the evaluation of environmental effects and mitigation, and cultural resources evaluation and mitigation strategies. The format and content of an FS or FR will be in compliance with Corps guidance.

The Contractor may be tasked with preparing all or any part of the FS or FR.

(3) Post-authorization reports such as a Limited Reevaluation Report (LRR) and a General

Reevaluation Report (GRR). The LRR and GRR contain similar information and analyses as a 905b Report and FR.

(4) Economics: Products may include:

a) Flood plain inventory databases: parcel based structural inventory for urban and rural areas, agricultural inventory using land use

b) Approved surveys using Corps methodologies. Surveys could include structure of content valuation, damage assessments, recreation values or other economic parameters.

c) Field inspection and data collection using Corps procedures and approved sampling techniques.

d) Flood risk model applications for specific civil works studies

e) Benefit/cost analysis

f) Documentations such as: technical memorandums, attachments to economic appendices, and support and assistance in completing economic appendices for Corps decision documents.

(5) Draft or final part(s) of or complete EA or EIS. These documents will be prepared in compliance with NEPA, the Corps’ Engineer Regulation 200-2-2, and all other applicable federal environmental laws, regulations, policies, and Executive Orders. The contractor may be requested to prepare a companion CEQA document for projects in the state of California when it is in the best interest of the federal government.

(6) Draft or final part(s) of or complete cultural resources documents such as the full range of inventory and evaluation reports for archaeological sites, submerged resources, built environment, and cultural landscapes; archival research and oral histories; findings of effect; historic properties treatment plans; testing, data recovery and curation plans;

programmatic or memoranda of agreements; cultural affiliation, ethnographic, and traditional cultural properties studies; Native American Graves Protection and Repatriation Act inventories and reports; and development of mitigation alternatives that include public benefit and education components.

(7) The contractor may be tasked to prepare and deliver a variety of supporting documents and reports. These documents pertain to planning, environmental/cultural resources, economics, hydraulics, flood plains, geotechnical, or other related analyses.

APPENDIX A TO STATEMENT OF WORK

Army Contractor Manpower Reporting (CMR) Requirement

1. The following sets forth contractual requirements for reporting of contractor manpower in support of the Army’s Contractor Manpower Reporting requirement.

Reporting is accomplished electronically by direct contractor submission to a secure Army website. The Contractor Manpower Reporting Application (CMRA) Version 3.0 is a business process for collecting information on contracts that provide services to the Department of the Army. The Army operates and maintains a secure data collection site where contractors must report all contractor manpower (including subcontractor manpower) required for performance of contracts subject to the CMR requirement.

2. Since this is an Indefinite Delivery contract, the Government will identify the individual task orders that are subject to the CMR requirement by including this Appendix in the individual task order. The CMR requirement will apply to the order if any of the following is true: (1) Army dollars are funding the order;

(2) Any Army missions are being supported by the order; (3) Any Army military, civilian or contractors are supported/benefit from the ordered services; (4) The Army is the executive agent for the mission being supported by the order. The CMR requirement applies even if funds are sent to another agency to contract for the Army. For the United States Army Corps of Engineers (USACE), civil works utility services, and construction contracts are excluded from the CMR requirement.

3. Reporting is accomplished by direct data entry into a secure Army website found at https://cmra.army.mil . Contractors must register in this system. You are referred to the Contractor and Subcontractors Users Guides and the FAQ’s available at this website for detailed information and instructions pertaining to registration for and data entry into the CMRA system.

4. The CMRA Help Desk can be contacted for assistance by telephone (703-377-6199) or email (contractormanpower@hqda.army.mil). All questions pertaining to system registration, data entry problems, and other information technology-related issues or concerns should be directed to the CMR Helpdesk.

5. Annual reports are required. The data for each Government fiscal year (October 1st through September 30th) must be entered no later than October 31st. If the contract action to which the CMR requirement applies overlaps two or more Government fiscal years, the contractor must prorate the labor hours and labor dollars accordingly.

6. The data that must be entered includes: Contract Number; Delivery Order Number (if applicable); Task Order Number (if applicable); Requiring Activity Unit Identification Code (UIC) [to be provided by the Government]; Command [to be provided by the Government]; Contractor Contact Information; Federal Service Code; Direct Labor Hours; Direct Labor Dollars; Location Information; Amount Invoiced for FY;

and Prime/Subcontractor status.

7. There is a flow-down requirement to subcontractors providing applicable services. The prime contractor has overall responsibility for ensuring that their subcontractors timely enter their respective data.

8. Concurrent with or following the award of each contract or order subject to the reporting requirement, a “CMR Worksheet” will be provided to the Contractor by the Government (see attached sample).

9. A Contract Line Item Number (CLIN) will be included in the contract or order for each contract action to which the CMR requirement applies. The contractor may elect to price or not-separately-price the CMR requirement.

10. The CMR requirement does not require a Contract Requirement List in the contract or order.

11. The CMR website is a secure site. Additionally, contractor labor hours and associated labor costs will be treated as proprietary information when linked to the contractor’s name and the contract number.

12. The Contractor Manpower Reporting requirements are subject to change. The contractor will be responsible for complying with the reporting requirements specified on the CMRA website at the time the annual report is due, at no additional cost to the Government.

SAMPLE CMR WORKSHEET

1. The CMR requirement described in Section C/the Performance Work Statement (PWS)/the Scope of Work (SOW) applies to this contract or order.

2. For the purpose of data entry on the CMR website, the following information is supplied by the Government.

(a) Contract Number:

(b) Delivery order Number (if applicable):

(c) Task Order Number (if applicable):

(d) Unit Identification Code of the Activity Requiring the Services:

(e) Command:

3. The contractor or subcontractor will be responsible for entering the following contractor or subcontractor supplied data:

(a) Contract Number: (see above)

(b) Delivery Order Number: (see above)

(c) Task Order Number: (see above)

(d) Requiring Activity Unit Identification Code: (see above)

(e) Command: (see above)

(f) Contractor Contact Information

(g) Federal Service Code (FSC): The predominant Federal Service Code reflecting services provided by the contractor (and separate predominant FSC for each subcontractor if different)

(h) Direct Labor Hours: The estimated total number of labor hours performed at this location for this FSC code for the Government fiscal year being reported.

(i) Direct Labor Dollars: The estimated total dollar amount for direct labor performed at this location for this FSC code for the Government fiscal year being reported, based on unloaded amounts (i.e., without benefits, travel expenses, ODC’s, etc.).

(j) Location (Country, State, Zip Code, and City/Installation Name): The location where the work is being performed.

(k) Total Invoiced Amount: The total dollar amount invoiced during the Government fiscal year being reported, at the delivery/task order level, if applicable.

(l) Prime Contractor?: Yes or No.

Section E - Inspection and Acceptance

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

FAR 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.

(End of clause)

FAR 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.

SPK 17-4001 OPTION TO EXTEND LIMITATION NOTICE (MAR 2002)

This contract contains two options clauses: (1) Option to Extend Services, FAR 52.217-8, and (2) Option to Extend the Term of the Contract, FAR 52.217-9, of which either or both may be exercised by the unilateral right of the Government. Notwithstanding the above, the clause entitled "Option to Extend the Term of the Contract," will not be exercised after any exercise of the Option to Extend Services Clause.

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SPK 17-4007 CONTRACT PERFORMANCE PERIOD-INDEFINITE DELIVERY CONTRACTS

(NOVEMBER 2000)

This indefinite-delivery, indefinite-quantity contract has a base year (365 calendar days from contract award) and four option period. The performance period shall begin upon contract award. At the discretion of the Government the option periods may be exercised. Each option period has a performance period of 365 calendar days from the date the option is exercised. If all options are exercised, the total performance period for this contract will be five years. The contract may not be extended beyond five years (except under the conditions of FAR 52.217-8); however, the performance periods of the task orders (which must be issued within the contract's performance period) may extend beyond the five year period. At the end of each 365-calendar-day performance period awarded by the Government (base year or exercised option period), the Government will notify the contractor in accordance with FAR 52.217-9 of its intent to exercise the next option year.

The Government reserves the right to exercise options to extend the term of the contract in accordance with Section I, FAR 52.217-8 and 52.217-9.

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Section G - Contract Administration Data

SPK 11-4002 CORPS OF ENGINEERS PUBLICATIONS (MAY 2000)

The Internet URL for Corps of Engineers publications is: www.usace.army.mil/library

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SPK 16-4001 TASK ORDER CONTRACT AND DELIVERY ORDER CONTRACT

OMBUDSMAN (JUNE 2004)

The USACE Ombudsman is assigned to the USACE Office of the PARC, at the following address:

Headquarters, U.S. Army Corps of Engineers, Attention: CEPR-P (USACE Ombudsman), 441 G Street, N.W., Washington, D.C. 20314-1000.

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SPK 32-4003 INVOICES (MAY 2000)

a. INVOICES: Invoices for payment shall be submitted upon completion of tasks as outlined in the Payment Schedule of each individual task order. Invoices shall be submitted to:

Original invoice only without additional information or supporting documentation, to:

USAED, FINANCE CENTER

ATTN: CEFC-FP

5722 Integrity Drive Millington, TN 38054-5005

One copy each of invoice with all required information including any necessary supporting documentation to the additional addressees listed in individual task orders.

b. CONTRACT PAYMENTS:

The Government shall pay the Contractor upon submission of proper invoices for services delivered and accepted for the portion of the work actually performed under the contract. Payment shall be made as indicated in the Payment Schedule, not on percentage of completion. Deliverables as defined in the Payment Schedule of individual task orders must be accepted by the Government before payment will be made.

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Section H - Special Contract Requirements

IDIQ MULTIPLIE AWARD CONTRACTS

a. The Government intends to award up to four indefinite-quantity, indefinite-delivery (IDIQ) multiple-award task order contracts for planning and environmental studies within the South Pacific Division boundaries. Notwithstanding the above, the Government may award more or fewer than four.

These contracts will be the result of this multiple award small business set-aside solicitation. The shared, cumulative maximum capacity for all contracts awarded from this solicitation will be $11.0 million for the base year and all option years. The base year does not have a specified maximum amount, and the option years do not have a specified maximum amount. The maximum amount is based on the life of the contracts.

b. The guaranteed minimum for each contract is $5,000. The guaranteed minimum amount will be funded when the contract is awarded either on the contract or by issuance of the first task order on each contract.

c. T he labor rates in effect at the time of task order award shall remain in effect for the entire period of the task order performance.

d. Performance shall be authorized only by issuance of task orders by the Government contracting officer.

The procedures are discussed below in the task order procedures paragraph. No work will be performed before a written and signed task order is issued. Task orders may be issued by the contracting officer via email or facsimile, with the hard copy of the task order to follow. The effective date of the task order, if either email or facsimile are used, is the date the Government sends the task order and receives confirmation of receipt from the contractor.

e. The maximum dollar limit per task order is $2.0 million. There is no limit on the number of task orders that may be issued. The Government may issue simultaneous task orders requiring performance at multiple locations.

f. Task orders must be issued within the performance period of the IDIQ contract, but the performance period of the task order may extend beyond the contract’s performance period. The Contractor shall complete all work described in the scope of work for each task order within the performance period of each task order.

g. Task orders issued will be firm, fixed-price (FFP).

h. In the event of any inconsistency between the contract and any task order, the terms and conditions of the contract shall control.

TASK ORDER PROCEDURES

a. More than one contract is being awarded for the same or similar work in this procurement. Selection for task order awards will be made as follows:

(1) In accordance with FAR 16.505 and EFARS 16.505, all awardees will be given a fair opportunity to be considered for each task order in excess of $2,500 except in certain situations described in paragraph (2), below.

(2) In making selection of the awardee to receive a specific task order, the Contracting Officer will consider the firm’s technical capabilities; experience of each firm’s operational and technical staff; past performance on earlier task orders under the contract, as well as other known contracts, to include quality, timeliness and cost control; potential impact on other orders placed with the contractor and the contractor’s current capacity to accomplish the task order in the required time; equitable distribution of work among the contractors, minimum order requirements; price/cost; or other factors considered relevant.

b. Oral or written proposals may be required.

c. The contracting officer need not contact each contractor before selecting a task order awardee, if the contracting officer has information available to ensure that each contractor is provided a fair opportunity to be considered for each task order.

d. Task Orders may be competed among two or more of the contractors. A proposal or pricing schedule may be requested from two or more contractors and award may be given to the proposal which is most advantageous to the Government (price and price related factors considered). Normally the Government will allow 10-14 days for submission of the proposals, however, depending on the complexity and the urgency of the required services, the Government may require the proposal within one workday. Failure to submit a timely proposal may result in elimination of the proposal from consideration for the task order.

The Contracting Officer may select other than the lowest priced offer if it is determined to be in the best interest of the Government to do so.

e. Awardees need not be given an opportunity to be considered for a particular order if the Contracting Officer determines that:

(1) the agency need is of such urgency that providing such opportunity would result in unacceptable delays;

(2) only one contractor is capable of providing the services required at the level of quality required because the services ordered are unique or highly specialized;

(3) the order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original task order;

(4) it is necessary to place an order to satisfy a minimum guarantee.

f. As stated in Federal Acquisition Regulation (FAR) 16.505(8), no protest under FAR Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task order contract except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract, but see Section G, task order contract and delivery order contract ombudsman.

g. Refer to Section G, task order contract and delivery order contract ombudsman, for designation of the task order contract ombudsman responsible for review of complaints to ensure that all contractors are afforded a fair opportunity to be considered, consistent with the procedures set forth herein.

SPK 1-4001 UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER

PERSONNEL (MAY 2000)

Authorities/Technical Direction: The Contractor shall take no direction from any Government employee or any other person other than the Government contracting officer that changes the terms and…