W9127N-16-Q-0058.pdf

SEE ADDENDUM

(No Collect Calls)

W9127N-16-Q-0058 24-Aug-2016

b. TELEPHONE NUMBER

503-808-4632

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 08 Sep 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9127N9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CLOVIA S JONES

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS X

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE PORTLAND DISTRICT

333 SW 1ST AVE

PORTLAND OR 97204-3440

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$15M

NAICS:

541613

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF90

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9127N-16-Q-0058

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

Task 1 - Meetings and Coordination

FFP

Contractor shall provide all materials, equipment and labor to perform Project Management Meetings and Coordination services in accordance with the requirements detailed in section 5.1 of the attached performance work statement.

FOB: Destination

NET AMT

0002 1 Job

Task 2 - Develop a NEPA Scoping Plan

FFP

Contractor shall provide all materials, equipment and labor to provide services needed to Develope a National Evnironmental Protection Act (NEPA) Scoping Plan in accordance with the requirements detailed in section 5.2 of the attached performance work statement.

0003 1 Job

OPTION Opt Task 3 – Implement Final Plan

FFP

This is an optional task that may or may not be exercised by the Government. If exercised, the Contractor shall provide all materials, equipment and labor needed to Implement the Final NEPA Scoping Plan in accordance with the requirements detailed in section 5.3 of the attached performance work statement.

0004 1 Job

OPTION Optional Task 4 – NEPA Scoping Report

FFP

This is an optional task that may or may not be exercised by the Government. If exercised, the Contractor shall provide all materials, equipment and labor needed to prepare a NEPA Scoping Report in accordance with the requirements detailed in section 5.4 of the attached performance work statement.

OPTION Per Clause 52.217-8

FFP

This CLIN will only be used should the government determin that a period of performance extension is needed per clause 52.217-8.

OFFEROR CHECKLIST

OFFEROR CHECKLIST

PROJECT TITLE: NEPA Scoping Plan and Community Impact Assessment for Willamette Falls Locks

SOLICITATION NUMBER: W9127N-16-Q-0058

In order for an offer to be considered responsive, the Offeror shall submit the information listed in the checklist below. Failure to submit all the required information prior to the closing of the solicitation will result in the offer being nonresponsive.

Responsive Quote Submission Checklist Offeror's Initials of Items Included in Submission

1. Filled-Out SF 1449 (Blocks 17A, 30A, 30B and 30C) 1. _________________________

2. Signed Amendment(s) – SF1449 (If Applicable) 2. _________________________ (Blocks 8, 15A, 15B and 15C)

3. Submission of Volumes 1 (Technical) and 2 (Price) IAW 3. _________________________ Instructions to Offerors found in clause 52.212-1.

4. Submit clauses 52.204-17, 52.209-2 and 52.209-11with requested 4. _________________________ information completed when applicable.

5. Representation and Certifications per FAR Clauses 52.212-3. 5. _________________________ If your information is already in the System for Award Management at SAM – https://www.sam.gov, it may be submitted instead of completing this section.

6. Authority to Bind the Company 6. _________________________ Refer to FAR 4.102 (Contractors Signature) for required information.

All inquiries shall be submitted to Sue Jones, Contracting Officer, at sue.jones@usace.army.mil. Additional information can be found in Instructions to Offerors.

Offers shall be in the possession of the Government prior to the closing date / time located in Block 8 of the SF 1449. Offerors shall confirm with the Contracting Officer of the receipt of offers.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

for

National Environmental Policy Act (NEPA) Scoping Plan and Community Impact Assessment for Willamette Falls Locks Project

Clackamas County, Oregon

1.0 GENERAL

This is a non-personal services contract to support the U.S. Army Corps of Engineers, Portland District (Corps) by providing National Environmental Policy Act (NEPA) Scoping Plan and Community Impact Assessment for Willamette Falls Locks Project in Clackamas County, Oregon. Resultant contract will be firm-fixed-priced using the lowest priced technically acceptable method of procurement.

The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction

The Contractor shall provide all labor, materials, transportation and other items and non-personal services necessary to perform the services as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background

Located on the Willamette River in the state of Oregon near West Linn, the Locks were built in 1873 and purchased by the Corps in 1915. The Corps owns a narrow strip of land and several outbuildings associated with the Locks as depicted on the map found in Attachment 1. Congressional appropriations for the operations of the Locks was severely curtailed in 2002 due to a commensurate drop in commercial traffic during the 1990’s. In response to that drop in funding, the Corps has taken the following actions regarding operations of the locks:

• 2006—placed in “caretaker status” (but open from May-Sept for public access);

• 2008—closed for Hydraulic Steel Structure Inspections and repairs;

• 2010—reopened after inspections and repairs were completed; and

• 2011—closed for life safety reasons due to excessive corrosion on the gudgeon anchors.

Since 2014 the Corps has held meetings with various non-federal stakeholders interested in the Locks and initiated consultations under Section 106 of the National Historic Preservation Act of 1966 (NHPA) evaluating the effects of the closure on the National Register of Historic Places. This regional group of stakeholders, comprised of concerns such as Clackamas County, National Trust for Historic Preservation (NTHP), One Willamette River Coalition, City of Portland, etc., commissioned the EcoNorthwest economic analysis regarding the commercial traffic and cost to repair the Locks.

Although the Corps does not see a return of transporting commercial goods through the locks sufficient to allow the locks to reopen and compete effectively with other navigational facilities across the region and nation, Congress has yet to establish the long term disposition of the facility. In lieu of having Congressional direction on the long term management of the Locks, the Corps is undertaking an evaluation of potential management alternatives to inform the best path forward for Locks. A decision regarding the Locks will need to be studied in a 100% federally funded Disposition Report, which will need to be sent to Congress for their review and approval. This process has just now started.

1.3 Objectives

In undertaking this scoping process, the Corps will be seeking answers to two primary questions:

1.3.1 How have individuals or communities been affected by the 2011 closure of the Locks? And what would be the affects if the Locks remained closed?

1.3.2 What are the scope of issues and potential alternatives to be considered in the Corps’ decision-making process when considering long-term management of the Locks?

1.3.3 Overall purpose and objectives of this contract are:

• To provide information about a proposed federal action to the public;

• To make the public's concerns on particular federal action known to decision‐makers;

• To provide for input from the public before a decisions are reached; and

• To consider the public's views in reaching decisions.

1.4 Scope

This Performance Work Statement (PWS) identifies specific tasks necessary completion of a NEPA scoping process as it relates to the Corps’ current and future management of the Willamette Falls Locks (herein referred to as the Locks). The Corps is seeking to complete a NEPA scoping process to obtain relevant information from stakeholders who may have been impacted by the 2011 “interim” closure of the Locks and/or who have an interest in the future of the Locks.

NEPA scoping is a process used by federal agencies in determining the “scope” of the issues that should be addressed in a NEPA document regarding a proposed federal action. The Council on Environmental Quality’s (CEQ) included scoping in their NEPA regulations (40 C.F.R. 1501.7) and has issued guidance supporting the use of scoping for an environmental assessment to aid the agency in making decisions under NEPA.

The Corps will use the information gained from this effort to prepare a community impacts/socio-economic section of a NEPA evaluation. At a minimum, the Corps may be evaluating four long-term management alternatives in a future NEPA document: 1) No Action (status quo), 2) Transfer, 3) Repurposing the facility for a different use, and

4) Deauthorization, Decommissioning and Divestment of the facility. The NEPA scoping process may identify additional management alternatives that may also be evaluated.

Tasks in this PWS include: developing a NEPA scoping plan, identifying stakeholders, creating key discussion points, conducting NEPA scoping related public involvement activities, meeting with stakeholder groups to identify relevant issues to be evaluated in NEPA documents and preparing a NEPA Scoping Summary Report. The Contractor will be required to facilitate meetings by developing appropriate materials and maintain a schedule for specific work tasks. The Contractor shall work closely and collaboratively with Corps staff in the development of all work efforts.

The Corps will assist the Contractor with regards to NEPA regulations and ensure the applicable requirements of NEPA as detailed in the CEQs regulations 40 C.F.R. Parts 1500-1508, the Corps’ Engineering Regulation (ER) 200- 2-2 and 33 C.F.R. Part 230 are met. Meetings with stakeholder groups may be subject to the requirements of the Federal Advisory Committee Act (FACA). The Corps is responsible for and will determine the applicability of FACA to this effort.

2.0 DEFINITIONS AND ACRONYMS

Common terms used throughout this PWS are defined as follows:

Acceptable Quality Level (AQL): Acceptable Quality Level equals the performance standards listed in section 5.0, Specific Tasks, and as summarized in section 6.0, Performance Requirements Summary.

The contractor must re-perform all unsatisfactory work unless excused by the Quality Assurance Evaluator.

Contracting Officer (KO): The Government employee who is authorized to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer’s Representative (COR): The Government employee who has been authorized in writing as the Contracting Officer’s Representative, acting within the limits of their authority.

Performance Work Statement (PWS): Document that outlines specific tasks, deliverables, schedule, performance objectives and quality assurance for work to be performed by a Contractor.

Quality Assurance Evaluator (QAE): The Government employees responsible for checking Contractor performance. For this procurement, the QAE may be either the COR or the POC.

Stakeholder: For the purpose of this PWS stakeholder is defined as any individual, group of individuals, organizations, or political entity with a stake in the outcome of a decision regarding the Locks.

Technical Point of Contact (POC): The Government employee who is the technical point of contact for the NEPA Scoping Plan.

3.0 GOVERNMENT FURNISHED ITEMS AND SERVICES

The following information will be furnished by the Corps for this work effort. The Contractor will be expected to incorporate relevant information from these materials into their deliverables.

Summary of stakeholder meeting minutes and draft Memorandum of Agreement (MOA) from National Historic Preservation Act (NHPA) Section 106 meetings, including list of stakeholders

Summary of stakeholder meeting minutes from Oregon Senate Bill 131, including list of stakeholders

Technical information regarding the existing condition of the Locks; 2010 Facility Evaluation Report

EcoNorthwest Report Economic Analysis of WFL- August 2014

Information prepared for Section 216 Initial Assessment

Presentation of WFL past, present and future- Corps 2014

4.0 CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES

The contractor shall furnish all labor, equipment and materials necessary to perform required services under this agreement and comply with all local, state, and federal regulations during the performance of services. The contractor will be responsible for all travel and miscellaneous costs incurred as a result of performing under this contract.

5.0 PERFORMANCE STANDARDS AND REQUIREMENTS (Also see Summary in paragraph 6.0) This “Standard” covers the requirements for the NEPA Scoping Plan and Community Impact Assessment for Willamette Falls Locks Project. The purpose of the Standard established in this PWS is to ensure that activities occur in accordance with the Standard and that the Government receives services as contracted.

The Contractor shall perform the tasks described below and provide the deliverables described within this PWS.

This contract may be awarded with a base performance schedule of Tasks 1-2 and the option of awarding Tasks 3-4 at a later date but within the overall performance schedule of this project. These tasks are summarized in the Performance Requirements Summary Table found in Attachment 2 and the deliverables outlined in the Deliverables Schedule found in Attachment 3.

5.1 Task 1 – Project Management Meetings and Coordination

The Contractor shall assign a project manager (PM) to act as a primary point of contact (POC) for this project.

The PM shall provide project management and coordination for work tasks during production of the deliverables. The Contractor shall:

5.1.1 Kick-off Meeting.

The Contractor shall schedule a kick-off meeting with the Corps within 3 days of contract award, and hold the meeting within 10 business days of award to discuss the specific tasks and schedule associated with this PWS. The Contractor shall schedule meetings with the Corps as needed during the duration of this PWS and will be responsible for taking notes at these meetings and distributing the notes and any action items with deadlines after the meetings. Assume two (2) meetings per month with the Corps.

5.1.2 Technical Assistance.

The Contractor shall provide technical assistance by providing advice to the Corps prior to or during stakeholder meetings; by facilitating key meetings; by conducting follow up meetings with key stakeholders and by preparing a report summarizing the outcomes of these meetings.

5.1.3 Monthly Progress Reports.

The Contractor shall prepare a monthly progress report identifying the following information by task:

• Status of services performed since the previous reporting period;

• Discussion of issues or concerns;

• Confirmation that services performed to date are within scope; and

• Confirmation that services performed to date are within negotiated budget.

The monthly progress report shall be submitted via email to the COR and POC each month, and shall include a copy of the expenditure report.

5.2 Task 2 – Develop a NEPA Scoping Plan

5.2.1 Prepare Outline of the Plan.

The Contractor shall develop an outline or table of contents for a draft NEPA Scoping Plan. Contractor research shall identify methods of outreach and venues for public meetings that are Americans with Disabilities Act (ADA) compliant. A list of identified stakeholders shall be maintained and kept current with contact information (name, email address, phone number, etc.)

The outline for the draft plan and should contain at a minimum:

• Goals and objectives for stakeholder engagement;

• Roles and responsibilities for the Corps and Contractor for public and stakeholder meetings which identifies meeting facilitators;

• Identify known stakeholders and detail the process for continuing to identify stakeholders through the process;

• Process for internal and external project communication;

• Process for media communication; and

• Includes an appropriate mix of methods that will allow for relevant, quality opportunities for those who have (or may have) an interest in the locks to get involved and provide input.

Methods could include but are not limited to:

- stakeholder meetings (assume 5 meetings);

- presentation by Corps;

- open houses (assume 2 larger open house meetings);

- listening sessions (assume 4 smaller focused meetings);

- ethnographic interviews or oral histories (assume 5 interviews);

- surveys or email marketing (online);

- social media outreach;

- school program development (assume 2 events);

- development of an interactive website detailing the environmental history of the locks or assisting the Corps in updating their project website;

http://www.nwp.usace.army.mil/Locations/WillametteValley/WillametteFalls.aspx ; and

- hosting a booth at community events (assume 2 events).

5.2.2 Prepare Draft Plan.

The Contractor shall prepare and submit a draft NEPA Scoping Plan (in an electronic Word document) based upon the outline prepared in accordance with the directions in section 5.2.1 above. The Plan shall document agreed upon events and have a schedule for activities as coordinated with and agreed upon by the Corps. The Corps will complete their review and provide written comments with requested changes within 14 business days of receipt of the plan from the Contractor. The Contractor shall revise the plan to address changes and revisions requested by the Corps within 10 business days.

5.2.3 Prepare Final Plan.

The Contractor shall prepare and submit a Final NEPA Scoping Plan based on the outline and draft plans described above in sections 5.2.1 and 5.2.2.

5.3 Optional Task 3 – Implement the Final NEPA Scoping Plan

This is an optional task. It will be evaluated with proposal submission and exercised at the discretion of the Government.

5.3.1 Develop Meeting/Website Materials.

The Contractor shall prepare and submit materials as identified in the Final NEPA Scoping Plan (in electronic format word, jpeg and or adobe pdf). Materials will likely consist of fact sheets, brochures, website text etc. The Corps will complete their review and provide written comments with requested changes within 14 business days of receipt of the plan from the Contractor. The Contractor shall revise the plan to address changes and revisions requested by the Corps within 10 business days. The Corps will coordinate additional internal review if necessary.

5.3.2 Schedule Public and Stakeholder Meeting Events.

The Contractor shall travel to the Corps’ Portland District Office and to meetings located in the Portland/Vancouver Metro Area. No overnight meetings will be necessary. Plan for two (2) open house meetings and routine (i.e., weekly or daily) meetings with the Corps and stakeholders during the duration of this contract. In coordination with the Corps, identify and secure ADA-compliant locations for public meetings and develop an agenda for those meetings if necessary.

5.3.3 Meeting Summary.

The Contractor shall compile and maintain a list of comments from all meetings. The comments shall be organized and summarize the key messages heard at the meetings and outcomes of significant conversations.

5.4 Optional Task 4 – NEPA Scoping Report

This is an optional task. It will be evaluated with proposal submission and exercised at the discretion of the Government.

5.4.1 Prepare Draft Report.

The Contractor shall prepare and submit a draft NEPA Scoping Report (in an electronic Word document) based on the implementation of Task 3 that documents the outcome of the NEPA scoping activities. This plan should include comments received from the public, include final notes of meetings, identify key themes that emerged in the comments and dialogue and provide suggestions for future involvement with identified stakeholders that could support the Corps in future decision-making.

The Corps will complete their review and provide written comments with requested changes within 14 business days of receipt of the plan from the Contractor. The Contractor shall revise the plan to address changes and revisions requested by the Corps within 10 business days.

5.4.2 Prepare Final Report.

The Contractor shall prepare and submit a final NEPA Scoping Plan to the COR and POC.

6.0 PERFORMANCE REQUIREMENTS SUMMARY

It is intended to ensure that the Government receives the services for which it contracted. The Government will only pay for services received. The Performance Requirement Summary (PRS) determines if the contractor meets the performance standards of the contract, as well as provides guidelines for how and when surveillance will be performed. It ensures timeliness, effectiveness, and that the contractor is delivering the results specified in the contract. Government contract quality assurance will be performed at such times and/or places as may be necessary to determine the services conform to contract requirements.

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable quality levels (AQL) of service required for each requirement. These thresholds are critical to mission success.

6.1 Performance Requirements Summary Table

These are the criteria against which the performance will be evaluated. Work shall be considered not to have been performed when any one of the following conditions exists in accordance to the Quality Assurance Surveillance Plan. The Performance Requirements Summary Table can be found in Attachment 2.

6.2 Non-compliance

The QAE will notify the COR and the KO of less than acceptable performance. If any of the services do not conform to contract requirements, the Government may require the contractor to perform the services again in conformity with the contact requirements, at no increase in contract amount.

When the defect(s) in services cannot be corrected by re-performance, the Government may:

• Require the contractor to take necessary action to ensure future performance conforms to contract requirements;

• Reduce the contract price to reflect the reduced value of the services performed; or

• If the contractor fails to promptly re-perform the services, or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may:

- 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;

- Issue Cure Notice;

- Terminate the agreement for Government convenience; or

- Terminate the agreement for cause.

6.3 Surveillance

Periodic inspection, 100% inspection and processing of complaints received from project personnel or stakeholders will serve as the surveillance methods under this contract. If the COR discovers deficiencies and/or receives complaints, the COR will pass them on to the contractor's Quality Control Inspector (QCI) for correction.

6.4 Quality Control

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify and prevent defective services.

6.4.1 Quality Control Program

The contractor’s quality control program (QCP) is the means by which he assures himself that his work complies with the requirement of the contract. In the case of this contract, the QCP is considered to be the contractor’s draft plan detailed in PWS paragraph 5.2.2.

6.4.2 Quality Assurance

The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with performance standards detailed in the Performance Requirements Summary found in PWS paragraph 6.0 and charted in the Performance Requirements Summary Table found in Attachment 2. The QASP defines how the performance standards shall be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

6.5 Correction of Non-Performance of Work

Contractor shall employ an adequate quantity of personnel to insure that any area found to be not in compliance and therefore not acceptable, shall be made acceptable by the performance or re-performance of the work, where such re-performance is possible, during the first business day after noncompliance has been observed by or reported to and verified by the COR.

6.6 Damages Caused by the Contractor

Contractor shall be held accountable and liable to the Government for any damages to government facilities, fixtures, furnishings, equipment, or grounds caused by the Contractors or their employees.

6.7 Interference with Government Operations

Contractor and their employees shall perform all work in such a way as to not interfere with regularly scheduled Government operational activities.

7.0 SAFETY and SECURITY

This section presents safety and security requirements that may involve training of Contractor and/or subcontractor training in order to work on a Government site. Performance under this contract will not be conducted on a Government facility and therefore safety and security training is not required.

8.0 OTHER CONSIDERATIONS

8.1 Period of Performance

The period of performance for this contract shall be 12 months computed from date of award.

8.2 Site Visit to Willamette Valley Locks

Special arrangements may be made with the PM to visit the Locks. Contractor travel to the Locks will be necessary if support services are required for Friday through Sunday. Requests for operating project support should be directed to the COR and/or POC who will notify the appropriate parties and arrange for required services.

8.3 Government Holidays

The Contractor is not required to work on the following federal holidays:

New Year’s Day • Labor Day

Martin Luther King Birthday • Columbus Day

President’s Day • Veteran’s Day

Memorial Day • Thanksgiving Day

Independence Day

• Christmas Day

8.4 Walsh-Healey Public Contracts Act or the McNamara-O'Hara Service Contract Act (SCA)

Every employer performing work covered by the Walsh-Healey Public Contracts Act or the McNamara- O'Hara Service Contract Act (SCA) is required to post a notice of the compensation required (including, for service contracts, any applicable wage determination) in a prominent and accessible location at the worksite where it may be seen by all employees performing on the contract. A copy of the poster is available in two versions at the following DOL website: http://www.dol.gov/whd/regs/compliance/posters/sca.htm. The rest of the content is subjective to each locations needs.

8.5 Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, USACE Contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S.

veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE Contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE Contractors in their outreach efforts:

Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx

Department of Labor Veterans Employment Assistance at http://www.dol.gov/vets/

Department of Veterans Affairs-VOW to Hire Heroes Act at http://benefits.va.gov/vow

Army Wounded Warrior Program at http://wtc.army.mil/modules/employers/index.html

U.S. Chamber of Commerce Foundation – Hiring Our Heroes at http://www.hiringourheroes.org/

Guide to Hiring Veterans – Reference Material

9.0 Points of Contact

The Contracting Officer is the only individual authorized to make changes to this PWS. Changes in scope, time, or deliverables can only be authorized by the KO. The Contractor shall notify the KO immediately if they have received direction to perform work outside the scope of the contract. Changes in scope will be negotiated and a written modification issued, before proceeding with the work. Any Government services required for completion of the identified tasks shall be requested in writing as part of the Contractor’s technical proposal and mutually agreed to.

To ensure efficiency for reviews, the Contractor shall provide all deliverables, draft and final, and other official communication to Corps by including them as a “cc” in emails to the COR and Corps Project Team.

Official communication for this purpose is considered any technical report, new finding of information, comments received, or other information that may influence the ability to meet the dates for deliverables.

The Project Team for the Corps is Louis Landre (Project Manager) and Elisa Carlsen (Environmental Specialist). The main Government participants are:

Title Name Phone Number Email Address

COR Paul Schmidt 503‐808‐4772 paul.a.schmidt@usace.army.mil

Contracting Officer

Sue Jones 503‐808‐4632 sue.jones@usace.army.mil

Project Manager Louis Landre 503‐808‐4733 louis.landre@usace.army.mil

Technical POC Elisa Carlsen 503‐808‐4767 elisa.carlsen@usace.army.mil

10.0 ATTACHMENTS

Attachment 1 - Map of Willamette Falls Locks Land Attachment 2 - Performance Requirements Summary Table Attachment 3 - Deliverables Schedule

ATTACHMENT 1

Map of Willamette Falls Locks Land

This is an external attachment.

ATTACHMENT 2

Performance Requirements Summary Table

PERFORMANCE REQUIREMENTS SUMMARY TABLE

Required Services

Performance Standards

Acceptable

Quality Levels Methods of Surveillance

Validated Complaints

Task 1 -

Kick-off Meeting

[PWS paragraph 5.1.1]

Schedule meeting with COR within 3 days of contract award and held within 10 business days

Zero deviation from PWS

100% Inspection

1 per quarter

Task 1 -

Technical Assistance

[PWS paragraph 5.1.2]

Provide advice prior to and during stakeholder meetings; facilitate key meetings; conduct follow-up meetings; prepare summary meeting report

Meetings have agendas, designated note takers and appropriate staff

Periodic Inspection

1 per quarter

Task 1 -

Monthly Progress Reports

[PWS paragraph 5.1.3]

Prepare and submit to the COR and POC by the 10th of each month

Zero deviation from PWS

100% Inspection

1 per quarter

Task 2 -

Prepare Outline of the Plan

[PWS paragraph 5.2.1]

Prepare Outline of Plan and submit within 30 days of contract award

Substantive comments not to exceed 10% of content

100% Inspection

1 per quarter

Task 2 -

Prepare Draft Plan

[PWS paragraph 5.2.2]

Prepare Draft Plan Substantive comments not to exceed 10% of content

100% Inspection

1 per quarter

Task 2 -

Prepare Final Plan

[PWS paragraph 5.2.3]

Prepare Final Plan Submission within 10 days of receipt of comments on draft plan

100% Inspection

1 per quarter

Optional Task 3 –

Develop Meeting/Website Materials

[PWS paragraph 5.3.1]

Prepare and submit to COR and POC on a schedule to be determined

Zero deviation from PWS

Periodic Inspection

1 per quarter

Optional Task 3 –

Schedule Public and Stakeholder Meeting Events

[PWS paragraph 5.3.2]

Submit to COR by the 10th of every month

Zero deviation from PWS

100% Inspection

1 per quarter

Optional Task 3 –

Meeting Summary

[PWS paragraph 5.3.3]

Maintain a record of all meetings

Contractor keeps and issues log and action items with due dates

Periodic Inspection

1 per quarter

Optional Task 4 –

Prepare Draft Report

[PWS paragraph 5.4.1]

Prepare the draft NEPA Scoping Report

Substantive comments not to exceed 10% of content

100% Inspection

1 per quarter

Optional Task 4 –

Prepare Final Report

[PWS paragraph 5.4.2]

Prepare the final NEPA Scoping Report

Submission within 10 days of receipt of comments on draft report

100% Inspection

1 per quarter

ATTACHMENT 3

DELIVERABLES SCHEDULE

TASK

DELIVERABLE

DELIVERY DATE

Task 1 -

Project Management Meetings and Coordination

Monthly Progress Reports

[PWS paragraph 5.1.3]

By the 10th of each month

Task 2 -

Develop a NEPA Scoping Plan

Outline of the Plan

[PWS paragraph 5.2.1]

Thirty days from kick-off meeting

Prepare Draft Plan

[PWS paragraph 5.2.2]

Fourteen days from submission of final outline of the NEPA scoping plan

Prepare Final Plan

[PWS paragraph 5.2.3]

Ten days from receipt of comments on draft plan

Optional Task 3 –

Implement the Final NEPA Scoping Plan

Develop Meeting / Website Materials

[PWS paragraph 5.3.1]

To be determined based upon schedule and location

Meeting Summary Report

[PWS paragraph 5.3.3]

Twenty days from last scoping event

Optional Task 4 –

NEPA Scoping Report

Prepare Draft Report

[PWS paragraph 5.4.1]

To be determined based on information gained in Task

Prepare Final Report

[PWS paragraph 5.4.2]

Ten days from receipt of comments on draft report, but no later than September 1, 2017

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance JUL 2013

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015

52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women- Owned Small Business Concerns Eligible Under the Women- Owned Small Business Program

DEC 2015

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.222-25 Affirmative Action Compliance APR 1984

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015

252.225-7048 Export-Controlled Items JUN 2013

252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

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.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements…