G1_W9126G-16-D-0025_FY17_FB_JOC_FINAL1.pdf

Solicitation Number W9126G-16-R-0053, Job Order Contract (JOC) for Sustainment, Restoration, and Modernization projects at Fort Bliss, El Paso , Texas and New Mexico.

NAICS Code: 236220 SIC: 1542 This is a 100% 8(a) Set-Aside.

Contractor shall begin performance w ithin 10 calendar days upon receipt of the Notice to Proceed for each Task Order issued by the Contracting Off icer, Administrative Contracting Officer, or Ordering Off icer and complete each Task Order w ithin the number of calendar days negotiated betw een the Contracting Off icer, Administrative Contracting Officer, or Ordering Off icer.

The minimum quanity of w ork w ill be required under this contract during teh base period and w ill be initiated by one or more task orders and w ill not be less than $2,500. The maximum dollar value of this contracts capacity shall not exceed $8 Million for the Base contract Period w ith tw o (12) month Option periods.

The govenment w ill not allow the contractor to w ork on the project unless the bond documents and insurance certif ications have been accepted by the Contraction Off icer and a signed contract has been issued to the contactor. Reference AFARS 5117.9004-2(g)

DAINA R BLACK 817-886-1031

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

22-Sep-2016

(RFP)

(IFB)

X

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________365 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________Task Order

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________18 Aug 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

W9126G-16-D-0025

7. ISSUED BY CODE

US ARMY CORPS OF ENGINEERS FORT WORTH

819 TAYLOR ST, RM 2A17

FORT WORTH TX 76102-0300

W9126G

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

(817) 886-6403FAX:TEL: (817) 886-1077 TEL: FAX:

W9126G-16-R-0053 150

See Item 7

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE

7NAG1

FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

SEE SCHEDULE

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

$8,000,000.00

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR

ENCANTO FACILITY SERVICES, LLC

FRANK GARCIA

1314 MADEIRA DR SE

ALBUQUERQUE NM 87108-5209

15. TELEPHONE NO. (Include area code) 505-333-0501

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

X 29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract. REF: W9126G-16-R-0053

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print) CARL S OELSCHIG / Contract Specialist

TEL: 817-886-1060 EMAIL: carl.s.oelschig@usace.army.mil

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY 22-Sep-2016

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

09/22/2016

Frank Garcia, President

1 2

08/09/201608/13/2016

Frank Garcia, President 09/22/2016

08/22/2016

W9126G-16-D-0025

Section 00 11 00 - Standard Form (SF) 1442 and CLIN Schedule

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Job $8,000,000.00 $8,000,000.00 Fort Bliss JOC - Base Period

FFP

Job Order Contract (JOC) for Sustainment, Restoration, and Modernization projects at Fort Bliss, El Paso, Texas.

Base Year Performance Period: 27 September 2016 to 26 September 2017 (12 months)

Contractor shall provide, upon receipt of a task order, all work, materials, supplies, parts (to include system components), plant, supervision, labor, transportation, and equipment (except when specified as Government Furnished) for maintenance, repair, upgrade and construction of real property facilities for Army and civil facilities, and the related services as specified in strict accordance with all the terms, conditions, special contract requirements, specifications, drawings, attachments, and exhibits.

The minimum size of a task order is $2,500.00 and the estimated maximum size of a task order is $1,000,000.00.

The Government will obligate in a seperate task order a guaranteed minimum in the amount of $2,500 for the base year and each option year.

The maximum capacity on this contract is estimated to be $24 Million, with each year having an estimated maximum capacity of $8 Million.

FOB: Destination

MAX

NET AMT

$8,000,000.00

UNIT UNIT PRICE MAX AMOUNT

1001 1 Job $8,000,000.00 $8,000,000.00 OPTION Fort Bliss JOC - Option Year 1

FFP

Job Order Contract (JOC) for Sustainment, Restoration, and Modernization projects at Fort Bliss, El Paso, Texas.

Option One Year Performance Period: 27 September 2017 to 26 September 2018 (12 months)

Contractor shall provide, upon receipt of a task order, all work, materials, supplies, parts (to include system components), plant, supervision, labor, transportation, and equipment (except when specified as Government Furnished) for maintenance, repair, upgrade and construction of real property facilities for Army and civil facilities, and the related services as specified in strict accordance with all the terms, conditions, special contract requirements, specifications, drawings, attachments, and exhibits.

The minimum size of a task order is $2,500.00 and the estimated maximum size of a task order is $1,000,000.00.

The Government will obligate in a seperate task order a guaranteed minimum in the amount of $2,500 for the base year and each option year.

The maximum capacity on this contract is estimated to be $24 Million, with each

UNIT UNIT PRICE MAX AMOUNT

2001 1 Job $8,000,000.00 $8,000,000.00 OPTION Fort Bliss JOC - Option Year 2

FFP

Job Order Contract (JOC) for Sustainment, Restoration, and Modernization projects at Fort Bliss, El Paso, Texas.

Option Two Year Performance Period: 27 Septemeber 2018 to 26 Septemeber 2019 (12 months)

Contractor shall provide, upon receipt of a task order, all work, materials, supplies, parts (to include system components), plant, supervision, labor, transportation, and equipment (except when specified as Government Furnished) for maintenance, repair, upgrade and construction of real property facilities for Army and civil facilities, and the related services as specified in strict accordance with all the terms, conditions, special contract requirements, specifications, drawings, attachments, and exhibits.

The minimum size of a task order is $2,500.00 and the estimated maximum size of a task order is $1,000,000.00.

The Government will obligate in a seperate task order a guaranteed minimum in the amount of $2,500 for the base year and each option year.

The maximum capacity on this contract is estimated to be $24 Million, with each

COEFFICIENT INCLUSSIONS PAGE

8(a) JOC – Fort Bliss, TX Pricing Schedule

Coefficient Item Description Factor

0001 Normal Working Hours: BUILDING CONSTRUCTION for TX

Offerors shall perform all functions called out in any Task Order during normal working hours for the unit price sum specified in the Unit Price Book, for any work required to be performed, multiplied times the coefficient factor ----------------- .85

0002 Other Than Normal Working Hours: BUILDING CONSTRUCTION for TX Offerors shall perform all functions called out in any Task Order during other than normal working hours for the unit price sum specified in the Unit Price Book, for any work required to be performed, multiplied times the coefficient factor ----------------------- .894

0003 Non-Prepriced Items for TX: Overhead and profit rate for all non-prepriced items on task order. Overhead and profit is defined as all items associated with performing the tasks, other than direct labor, equipment, and material costs. Coefficient Factor ---------------------- 1.13

0004 Asbestos and Lead-Based Paint Abatement - Prepriced Items for TX:

Offerors shall perform all functions called out in any Task Order for the unit price sum specified in the unit price book for any work required to be performed for the removal and disposal of asbestos and lead-based paint, multiplied times the coefficient factor ------------ .982

0005 Normal Working Hours: BUILDING CONSTRUCTION for New Mexico

Offerors shall perform all functions called out in any Task Order during normal working hours for the unit price sum specified in the Unit Price Book, for any work required to be performed, multiplied times the coefficient factor ---------------- 1.06

0006 Other Than Normal Working Hours: BUILDING CONSTRUCTION for New Mexico

Offerors shall perform all functions called out in any Task Order during other than normal working hours for the unit price sum specified in the Unit Price Book, for any work required to be performed, multiplied times the coefficient factor ----------------------- 1.104

0007 Non-Prepriced Items for New Mexico: Overhead and profit rate for all non- prepriced items on task order. Overhead and profit is defined as all items associated with performing the tasks, other than direct labor, equipment, and material costs. (See Section 00 73 00, "Non-Prepriced Work") Coefficient factor--------------------- 1.197

0008 Asbestos and Lead-Based Paint Abatement - Prepriced Items for New

Mexico: Offerors shall perform all functions called out in any Task Order for the unit price sum specified in the unit price book for any work required to be performed for the removal and disposal of asbestos and lead-based paint, multiplied times the coefficient factor- 1.192

Low price will be evaluated by normalizing the numbers as follows:

0001 will be factored as 85% of the work.

0002 will be factored at 10% of the work.

0003 will be factored at 2.5% of the work.

0004 will be factored at 2.5% of the work.

The offeror's Construction price coefficient factor(s) SHALL include all prime and sub contractor profit, home office overhead, jobsite overhead, and other costs not included in the bare labor, material, and equipment costs from the unit price book or in the non- prepriced items. These costs include, but are not limited to, the following:

(a) Corporate, Regional, and Site offices (i.e. Office buildings, office spaces, office trailers, office management, office equipment and supplies, etc)

(b) Profit

(c) Performance and Payment Bonds (per Army Federal Regulation Supplement

(AFARS) 17.9004 2(h))

(d) Insurance

(e) Compliance with environmental laws, protection and safety

(f) Tax Laws

(g) Protection for moving of Government property

(h) Submittals (i.e. preparation and distribution of Work Plans, Risk Analyses and weekly reports, as-builts, CQC Plans, Safety Plans, Accident Prevention Plans, Hazard Analyses, Test Procedures, Tests, Test Reports, Status Reports, Catalog Cut Sheets, Technical Data Sheets, Shop Drawings, Schedules, O&M Manuals, etc.)

(i) Price quotations

(j) Contractor adjustments to Government Unit Prices

(k) Clean-up shall be applicable per each task order.

(l) All waste and excess materials (m)Permits, licenses and fees

(n) Mobilization and close-out for total contract, close-out for each task order. Mobilization shall be negotiated with each task order.

(o) Bulletin Board and Project and Safety Signs “If required/Applicable”

(p) Principles, project management, supervision and construction supervision

(q) Technical support staff (i.e. estimator, draftsman/CADD operator, etc.) (r) Administrative support staff (i.e. clerks, secretaries, assistants, etc.)

(s) Quality Control and Quality Control Staff

(t) Travel (includes all associated costs for all personnel)

(u) Marketing and Training (i.e. videos, user guides, brochures, promotions, associated travel, etc)

(v) Collaboration/face-to-face meetings with all Program/Project stakeholders (i.e.

progress reviews, negotiations, etc.)

(w) Interest associated with funding of equipment and payroll

(x) Employee payroll taxes, insurance and fringe benefits

(y) Risk of lower than expected contract dollar volume

(z) Risk of high inflation costs for option periods

(aa) Risk of poor subcontractor performance and re-performance

(bb) Other risks of doing business

(cc) Business taxes, contributions, memberships, corporate headquarters support

(legal, financial, etc.)

(dd) Cost of using electronic payroll software.

(ee) Toilet Facilities

(ff) DD1354

(gg) Utility Locations

(hh) Warranty Tag

(ii) O&M Training

(jj) O&M Manual

2. The unit prices stated in the UPB include labor, materials and equipment.

3. 5152.237-9000 ADJUSTMENT TO CONTRACTOR’S

COEFFICIENT FOR OPTION YEARS (JOB ORDER CONTRACTS) AFARS

“Pricing” of option periods, include consideration of any adjustments must be performed by an economic price adjustment for those periods, as follows:

An economic adjustment will be applied to the contract coefficient(s) addressing changes in thecost of labor, equipment and material in the Unit Price Book (UPB) (this includes consideration of Davis Bacon issues). This allows for economic increase or decrease of the prices in the UPB and serves to adjust line item prices by the percentage increase or decrease of the economic trend in the construction market. The economic price adjustment will be based on the Building Cost Index (BCI) found in the Market Trend pages of the Engineering News Record (ENR). The economic adjustment is not applied to the cost items comprising the coefficient. No upward adjustment can apply to task orders awarded prior to the effective date of the adjustment, regardless of the date of commencement of work thereunder.

The adjustment will be made in accordance with the following equation. The resulting revised coefficient(s) must be applied throughout the option year.

N = C + i Where: N = New Coefficient

C = Base Year Coefficient i = Change Factor (% increase or decrease from base to option year) The Index

Factor, i, shall be computed according to the following equation:

i = BCIN – 1

BCIC

Where:

BCIN is the Building Cost Index, published in the ENR, for the month prior to the effective date of the option period.

BCIC is the Building Cost Index, as published in the ENR, on the date of the award of the contract. The BCIC is ___________, based on the award date of ___________.

If the BCI or the ENR ceases to be published, the parties shall agree on substitute indices.

EXAMPLE: For the base year of a contract the coefficient (C) is 1.10. The cost to the government for a line item whose cost is $100.00 is 1.10 x $100.00 = $110.00.

Option Year 1. For the first option year the coefficient will be adjusted as follows:

i = BCIN -1 = 3111.86 – 1 = 1.0133 -1 = .0133

BCIC 3071.10

The new coefficient would be calculated as follows:

N = C + i = 1.10 + 0.0133 = 1.1133

The above line item under the option period would be 1.1133 x $100.00 = $111.33.

Option Year 2. For the second option year, if the BCI for the month prior to the effective date of the option period was 3002.99, the coefficient will be adjusted as follows:

i = BCIN – 1 = 3062.99 – 1 = .9974 – 1 = -0.0026

BCIC 3071.10

The new coefficient would be calculated as follows:

N = C + i = 1.10 - -0.0026 – 1.0974

The above line item under the option period would be 1.0974 x $100.00 = $109.74.

Note 1. Round calculations for the Change Factor (i) to the nearest ten thousandth.

Note 2. ENR indices for calculation of coefficients for the option years are taken from the McGraw Hill publication, ENR, published during the month prior to the effective date of the option. The ENR Index for the base year (contract award) is the most recent ENR Index published for the month prior to initial contract award.

4. TASK ORDER LIMITATIONS (Regulatory Changes)

If regulations change during the course of the contract, the task order limitations may be adjusted accordingly by exercise of a unilateral modification. JOC procedures allow a task order to exceed the $500k maximum if the Contracting Officer determines that it is in the government's best interest. If a task order exceeds $500k, it will require a bilateral agreement between the Contracting Officer and the contractor.

5. PERFORMANCE AND PAYMENT BONDS

Per Army Federal Regulation Supplement (AFARS) 17.9004-2(g) and (h), “All cost associated with bonding shall be included in the coefficient.” (g) JOC solicitations and contracts must clearly notify offerors of initial and continuing bonding requirements. The term “bonding” used in this paragraph includes any relevant alternative payment protection as discussed in FAR 28.102-1. Bonding must be sufficient to cover the stated estimated annual maximum contract value. No JOC contract shall cite the total estimated maximum value of the contract (including option periods) as the estimated annual maximum value, although there may be language in the contract allowing ordering beyond that “maximum” but less than the estimated value of the total contract with option periods. The estimated annual maximum value will be a reasonable figure based on historical experience and known workload for the coming year. This approach should avoid the prior difficulties associated with adjusting bonding coverage every time a new task order is awarded. Because contractors can now plan their liability for premiums, and because they get unliquidated/unneeded premiums reimbursed by the bonding agent, payment incrementally through the use of the coefficient becomes both logical and reasonable.

Contractors must be clearly notified, in the solicitation and contract, of their responsibility for ensuring sufficient bond coverage during the course of the contract. All costs associated with bonding (specifically including bond premiums) shall be included in the coefficient. If the estimated annual maximum value is exceeded, FAR 28.102-2(a) and (b) apply. Since the bond premium is repaid through the coefficient and the coefficient is paid as an indirect cost under progress payment or other normal payment provisions there will be no separate repayment(s) for bond premiums.

(h) JOC solicitations and contracts must contain provisions for making annual adjustments to the option year(s) prices. This must be done by updating the base year coefficient using criteria and predetermined formulas in an economic price adjustment (EPA) clause. Adjustments to the base year coefficient will be based on the Engineering News Record (ENR) Building Cost Index (BCI) as published by McGraw Hill.

The ENR index is a weighted aggregate of changes to construction costs. For computation of the EPA, the BCI for the city closest to the supporting installation will be used. EPA will not be used for JOCs awarded outside the United States; nor shall it be used under National Guard Bureau, and other, JOC contracts employing an annually updated catalog. JOC solicitation and contracts must use annual adjustments or annually updated catalog, but not both. The clause set forth in 5152.237-9000 must be used in JOC contracts in accordance with this paragraph. Use of EPA under regional or multi-site JOCs with multiple coefficients is at the discretion of the contracting officer on a case-by-case basis but should be declared in the affected solicitations. Any deviation from the required use of EPA (and this EPA clause) for pricing option years, or the use of the specified index (BCI), must require prior approval from DAIM-FDF and SAAL-PP.

END OF CLIN SCHEDULE

INSURANCE REQUIREMENTS

Prior to commencement of work, the Contractor shall furnish the original of his Insurance Certificate directly to the Contracting Officer, Fort Worth District, Corps of Engineers, ATTN: CESWF-CT-S, P.O. Box 17300, Fort Worth, Texas 76102-0300 and one copy directly to the Area or Project Office. The Contractor shall maintain, during the entire period of his performance under this contract, the following minimum insurance requirements:

(a) Employers Liability Insurance in the minimum amount of $100,000

(b) Comprehensive general liability insurance for bodily injury in the minimum limits of $500,000 per occurrence.

(c) Comprehensive automobile liability insurance covering the operation of all automobiles used in connection with the performance of the contract in the minimum limits of $500,000 per person and $300,000 per accident for bodily injury and $50,000 per accident for property damage.

(d) Workmen's Compensation and Employer's Liability Insurance in the minimum amount of $100,000.00, or in compliance with applicable State statutes.

(e) An endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer.

NOTE:

(1) It is recommended that the contractor furnish a copy of the foregoing requirements to his insurance company in order to assure that an Insurance Certificate is issued meeting the minimum requirements shown. The Insurance Certificate shall also show the contract number to which it applies as well as a brief description and location of the work.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,500.00 $8,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$2,500.00 1,000,000.00 $1,000,000.00

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 1.00 $1.00 8,000,000.00 $8,000,000.00 1001 1.00 $1.00 8,000,000.00 $8,000,000.00 2001 1.00 $1.00 8,000,000.00 $8,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

0001 1.00

$2,500.00

8,000,000.00

$1,000,000.00

1001 1.00

2001 1.00

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 27-SEP-2016 TO

26-SEP-2017

N/A US ARMY ENGINEER DISTRICT, FORT

WORTH

BRAD HARTELL

ATTN: CESWF-CT

819 TAYLOR ST, ROOM 2A17

FORT WORTH TX 76102-0300

(915)744-6016

W9126G

1001 POP 27-SEP-2017 TO

26-SEP-2018

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 27-SEP-2018 TO

26-SEP-2019

N/A (SAME AS PREVIOUS LOCATION)

Section 00 21 00 - Instructions, Conditions and Notices to Offerors

CLAUSES INCORPORATED BY REFERENCE

252.236-7008 Contract Prices-Bidding Schedules DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be ___20%_____ percent of the bid price or $__3,000,000____, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

252.219-7009 SECTION 8(A) DIRECT AWARD (SEP 2007)

(a) This contract is issued as a direct award between the contracting office and the 8(a) Contractor pursuant to the Partnership Agreement between the Small Business Administration (SBA) and the Department of Defense.

Accordingly, the SBA, even if not identified in Section A of this contract, is the prime contractor and retains responsibility for 8(a) certification, for 8(a) eligibility determinations and related issues, and for providing counseling and assistance to the 8(a) Contractor under the 8(a) Program. The cognizant SBA district office is:

United States Small Business Administration El Paso District Office Attention: Mr. Jose Campos, jose.campos@sba.gov 211 N. Florence Street, 2nd Floor, Suite 201 El Paso, TX 79901

(b) The contracting office is responsible for administering the contract and for taking any action on behalf of the Government under the terms and conditions of the contract; provided that the contracting office shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting office also shall coordinate with the SBA prior to processing any novation agreement. The contracting office may assign contract administration functions to a contract administration office.

(c) The 8(a) Contractor agrees that--

(1) It will notify the Contracting Officer, simultaneous with its notification to the SBA (as required by SBA's 8(a) regulations at 13 CFR 124.308), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with Section 407 of Pub. L. 100-656, transfer of ownership or control shall result in termination of the contract for convenience, unless the SBA waives the requirement for termination prior to the actual relinquishing of ownership and control; and

(2) It will not subcontract the performance of any of the requirements of this contract without the prior written approval of the SBA and the Contracting Officer.

(End of Clause)

252.219-7010 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS--

PARTNERSHIP AGREEMENT (MAR 2016)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer:

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan.

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(3) If the competition is to be limited to 8(a) concerns within one or more specific SBA regions or districts, then the offeror's approved business plan is on the file and serviced by ____.

[Contracting Officer completes by inserting the appropriate SBA District and/or Regional Office(s) as identified by the SBA.]

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas, unless--

(i) The SBA has determined that there are no small business manufacturers or processors in the Federal market place in accordance with FAR 19.502-2(c);

(ii) The acquisition is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, in which case a small business concern may furnish the product of any domestic firm; or

(iii) The acquisition is a construction or service contract.

(2) The Offeror that received the award of this contract will notify the U.S. Army Corps of Engineers, Fort Worth District, Contracting Officer Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(End of clause)

Section 00 45 00 - Representations and Certifications

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

Section 00 72 00 - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

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

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.204-19 Incorporation by Reference of Representations and

Certifications

JAN 2015

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

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.219-8 Utilization of Small Business Concerns OCT 2014 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014

52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.225-5 Trade Agreements FEB 2016 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-1 Utilization Of Indian Organizations And Indian-Owned

Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007 52.228-2 Additional Bond Security OCT 1997 52.228-11 Pledges Of Assets JAN 2012 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-10 State of New Mexico Gross Receipts and Compensating Tax APR 2003 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-4 Changes JUN 2007 52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.248-3 Value Engineering-Construction OCT 2015 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-2 Alt I Termination for Convenience of the Government (Fixed- Price) (Apr 2012) - Alternate I

SEP 1996

52.249-10 Default (Fixed-Price Construction) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7997 (Dev) Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements (Deviation 2016-O0003)

OCT 2015

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.215-7000 Pricing Adjustments DEC 2012 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations

OCT 2010

252.247-7023 Transportation of Supplies by Sea APR 2014

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

(a) Definitions. As used in this clause--

Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

Full cooperation—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require--

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from--

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--

(i) Have a written code of business ethics and conduct;

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall--

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors.

(2) An internal control system.

(i) The Contractor's internal control system shall--

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor's internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.

(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including--

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and

(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.

(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.

(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the…