A.07.23_W9127N-16-Q-0005_rEV_5_(01_Feb_2016).pdf

BLOCK 300 OFFICES

ALAN STOKKE

PORTLAND DISTRICT, CORPS OF ENGINEERS

PO BOX 2946, 333 SW FIRST AVENUE

PORTLAND OR 97208-2946

TEL: 503-808-4926 FAX: 503-808-4605

W66QKZ53433634

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W9127N-16-Q-0005 01-Feb-2016 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPO RTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. % NO TE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and

ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) ( Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA

FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

US ARMY CORPS OF ENGINEERS

333 SW FIRST AVE

PORTLAND OR 97204-3495

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

17-Feb-2016(Date) PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

503-808-4634ROBBIE NEWLAND

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

W9127N-16-Q-0005

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY REFERENCE

52.204-18 Commercial and Government Entity Code Maintenance JUL 2015

BPA TERMS & CONDITIONS

TERMS AND CONDITIONS BLANKET

PURCHASE AGREEMENT (BPA)

1. DESCRIPTION OF WORK: This BPA is established for furnishing CAD services as described in the

Performance Work Statement (PWS).

2. EXTENT OF OBLIGATION: The Government is obligated only to the extent of authorized Calls actually placed against this BPA and shall not be liable in any manner in the event no Calls are made.

3. PRICING: The Contractor certifies that the prices charged to the Government under this BPA shall be as low as or lower than those charged to the Contractor’ s most favored customer for like quantities in addition to any discounts for prompt payment.

4. DURATION: This Agreement shall remain in effect for a period of five (5) years from the effective date.

5. CALL LIMITATION: No individual call under this agreement shall exceed $150,000.00.

6. MODIFICATION: This BPA may be modified only under its terms or conditions or by mutual agreement of the date.

7. REVIEW: This Agreement shall be reviewed by the Contracting Activity at least annually before the anniversary of its effective date and revised as necessary to conform to the requirements of the Federal Acquisition Regulation and applicable supplements or to statutory requirements. Any change shall be effective only through written modification to this Agreement and not by individual Calls issued hereunder, Modifications to this Agreement shall have no retroactive effect on Calls previously issues.

8. INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA: A list of individuals authorized to place calls under this agreement are identified under Section G: Authorized Ordering Officials. Only personnel out of the Portland District U.S. Army Corps of Engineers Contracting Department shall place calls on this agreement.

9. DELIVERY TICKETS OR SALES SLIPS: The original and one copy of a legible and accurate sales slip or delivery ticket shall accompany each delivery made under this agreement, which shall contain the following:

a. Name of Contractor

b. Blanket Purchase Agreement & Call Number

c. Date of Purchase

d. Requisition Number

e. Identification of individual making call

f. Quantity, Unit Price

g. Dates of performance

10. INVOICES: A summary statement shall be submitted monthly or upon expiration of the BPA, whichever occurs first, for all deliveries made during a billing period, identifying the invoices covered therein, stating their total dollar value, and supported by receipted copies of the packing slips. NOTE: ALL BILLINGS

FOR THE MONTH OF SEPTEMBER SHALL COVER THROUGH THE 30TH OF THE MONTH.

11. INVOICING: The Contractor shall submit all invoices by the 15th of each month. All submitted invoices must be accurate and legible to ensure proper payment is made. Invoices that are not accurate or are illegible shall be rejected and a request for a resubmitted invoice shall be sent to the Contractor.

The original invoice shall be sent to the Designated COR for this BPA per FAR Clause 52.000.4007

INVOICE SUBMITTAL.

12. PAYMENT: Payment will be made monthly, every 30 days, upon receipt of monthly statement to cover the services furnished each month during the term of this agreement

13. DELIVERY: Deliveries under this BPA and for issued calls shall be sent to the designated location identified at time of call placement.

14. APPLICABILITY: The terms and conditions of this Agreement shall be applicable to all BPA

Calls issued citing this document.

15. BINDING CONTRACT: Upon issuance of a BPA Call by an authorized individual, a binding contract shall be established between the Contractor and the Contracting Activity/Government. All vendors are cautioned that they are not to accept BPA Calls against the BPA from any individual that is not a Contracting Officer, Contract Specialist or Purchasing Agent with the US Army Corps of Engineers, Portland District.

16. NON PAYMENT FOR PROPOSALS: The Government shall not be liable for reimbursement of any

Contractor proposal preparation costs for this RFQ or any Call request issued for a BPA Call proposal under this Agreement, whether the request is funded or is issued under advance call request authority given to the Contracting Office. Advance call request authority permits the issuance of BPA Calls before funds become available or certified. Under this advance authority, funds are not available and may not become available. The Government makes no promise to award a BPA Call. If funds do not become available, the Government will cancel the Call.

17. BPA CALL ORDER PROCESS: Upon identification of a requirement within the scope of this BPA, the

Contracting Activity shall send a Request for Quote (RFQ) to each BPA Holder(s) in order to compete the requirement. The RFQ will identify all requirement-specific information needed, quantities of BPA services required and identification of the turnaround times per the BPA. The BPA Holder(s) shall respond to the RFQ. The quoted price may not exceed the established BPA pricing, but it may be lower. The basis for award will be included in each RFQ. Calls may be evaluated on price only or price and other factors in order to obtain the best value for the Government.

18. CANCELLATIONS/TERMINATIONS: This Agreement may be cancelled/terminated in its entirety at no cost by either party. The party desiring to cancel/terminate this Agreement shall serve to the other party a written notice of such intent at least thirty (30) calendar days prior to the effective date of the cancellation/termination. The parties agree that the cancellation shall have no effect on any Call not completed by the effective date of the cancellation/termination. The Contractor shall proceed diligently and complete such Calls under the terms and conditions of this Agreement.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CAD SERVICES - VECTORIZATION

FFP

SEE EXHIBIT B - "PRICE LIST" FOR IDENTIFYIING YOUR PRICES FOR

THE DIFFERENT TYPES OF DRAWINGS TO BE ORDERED UNDER THIS

AGREEMENT.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS) FOR

PORTLAND DISTRICT COMPUTER AIDED DRAFTING (CAD) SERVICES

BLANKET PURCHASE AGREEMENT (BPA)

1.0 GENERAL STATEMENT.

The Contractor (KTR) shall provide all personnel, equipment, tools, materials, software, supervision, and other items and services necessary to perform CAD services as defined in this Performance Work Statement (PWS) for the Portland District (NWP) US Army Corps of Engineers (USACE). Drawing types include civil, structural, mechanical, and electrical disciplines. The focus of the requirement is accurate, high production CAD work services and should not be confused with design services. Services are not required to be performed at a physical USACE project site and rather will be performed at the Contractor’s place of business. The Contractor shall perform to the standards in the BPA and comply with all local, state, and federal regulations during the services performed. Reference Exhibit B for example CAD drawings requiring vectorization and/or redline incorporation.

The period of performance for this firm fixed price contract will be 5 years from date of award.

2.0 DEFINITIONS. Throughout this PWS terms are defined as follows:

Blanket Purchase Agreement (BPA): The contract method being used for this requirement.

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.

Quality Assurance Evaluator (QAE): The Government employees responsible for checking Contractor performance.

Contract Discrepancy Report (CDR): A written record of unsatisfactory performance by the contractor as observed by the Quality Assurance Evaluator (QAE).

3.0 Government Will Furnish

3.1 Electronic files in Tagged Image File Format (TIFF) or Portable Document Format (PDF) format of the drawings will be delivered to the KTR for vectorizing. These files may also include redlines. Existing CAD files for 2D sheets or 3D models requiring updating will be delivered to the KTR in MicroStation or AutoCAD format with the accompanying TIFF or PDF file including redlines.

3.2 Electronic border and seed files for Autocad and Microstation drawings with tag sets. Some support files will be located on the USACE Public Website at: http://www.nwp.usace.army.mil/About/Standards.aspx.

3.3 File naming conventions.

3.4 CAD requirements titled “A/E/C CAD Standard Release 5.0” located at https://cadbim.usace.army.mil/cad.

Order-specific supplemental CAD requirements will be provided as needed after award.

3.5 File Transfer Protocol (FTP) services for safe file transfer between Government and KTR.

https://cadbim.usace.army.mil/cad

3.6 Points of contact for BPA; identified after award.

4.0 CONTRACTOR SHALL FURNISH

4.1 The KTR shall furnish all labor, equipment, and software necessary to perform the work required under this performance work statement. Contractor’s software shall remain current with the Government’s version of the following CAD software throughout the duration of the BPA: Microstation V8i Select Series 3;

Autocad 2014. Contractor shall provide a software list (brand, software and version) for approval prior to beginning this BPA. Any changes to the software list throughout the period of this BPA shall be submitted to the COR.

4.2 The CAD services listed in section 5.1

4.3 Quality control of CAD services (see paragraph 6.1.2).

4.4 Means of communication with the Government including email, phone call, web conference, and FTP file transfer systems. The Government may require periodic coordination meetings by teleconference or web conference.

5.0 PERFORMANCE STANDARDS AND GUIDELINE REQUIREMENTS

The Contractor (KTR) shall vectorize and/or update Government furnished drawings or models in MicroStation or AutoCAD format as requested and shall make them available for the Government to download. Electronic files in TIFF or PDF format of the drawings or sketches will be delivered to the KTR for vectorizing. These files may also include redlines for incorporation. Existing CAD files requiring updating will be delivered to the KTR in MicroStation and AutoCAD format with the accompanying TIFF or PDF file including the redlines. All drawings shall conform to the current USACE CAD standards and Portland District supplements that will be furnished by the Government. All metadata in the file shall be fully functional (and obtained from the provided Seed or Template file), correctly written, and file shall print correctly with Government print settings. Note: MicroStation tag sets are not compatible with AutoCAD Blocks and vice versa. Do not save a MicroStation file as an AutoCAD file or vice versa. Start all new files from provided Seed or Template files. The KTR shall ensure that the metadata delivered is compliant with the International Organization for Standardization (ISO) 19115- 1:2014, North American Profile (NAP). The Standard is available for purchase at: http://www.webstore.ansi.org.

Special border information pertaining to Portland District: Border and Models should be referenced into the Sheet. The Sheet or Border should never be scaled to the Model. General outline is provided in the AEC Standards (ERDC/ITL TR-12-X) page 9. Further supplements can be provided by the Government.

Some PDF or TIFF drawings/models will contain redline markups for incorporation in the final drawings.

Unless otherwise determined after award and mutually agreed upon by KTR and Government the following convention for markups shall be followed:

• Notes to the drafter will be made in blue ink.

• Yellow highlighter shall be used by the KTR to track completion of redlines on the redline drawing.

• Notes or comments back to the Government from the KTR shall be made in green ink.

• An electronic copy of the completed redline drawings shall be sent back to the Government in TIFF or PDF format.

• Paperless notes and highlighting are approved.

• KTR shall notify Government of unclear or ambiguous drawing/model redlines within 3 days of receipt of drawings.

http://www.webstore.ansi.org/

Individual call orders will be sent to the KTR throughout the duration of the BPA, typically 10 to 200 drawings each. Turn-around time for drawings shall be 5-28 calendar days as requested, depending on order size.

Contractor produced or modified drawings or models shall match the original files including dimensional accuracy and the original title blocks unless otherwise noted. TrueType fonts shall be used unless otherwise specified. If an existing CAD file being worked on does not comply with the CAD standards of this BPA, only the areas affected by the KTR’s updates need to be changed to comply with the CAD standards. File naming conventions shall match the original file names furnished by the Government unless otherwise noted. Drawings containing attached or embedded Microsoft Excel spreadsheets shall be updated in Microsoft Excel as shown by the redlines. All drawings shall be vector drawings, hybrid or raster images are not acceptable.

All electronic copies of drawings shall become the property of the Government. The information developed, gathered, assembled, and reproduced by the KTR or their associates, in fulfillment of the BPA requirements as defined in or related to this performance work statement, shall become the complete property of the Government. Therefore, the KTR shall not use/release the information for any purposes at any time without the written consent of the KO. All drawing and information contained therein shall be treated as “For Official Use Only” (FOUO) as defined by the Government.

The following guidelines describe what is considered adequate for CAD services under this BPA. The Contractor, through innovation, technology, or other means, shall perform the necessary CAD services in order to meet the quality and performance standards required by the BPA.

The following guidelines are for reference only and final results shall be the determining factor for the success or failure of this BPA. Performance shall be based on the Contracting Officer’s, or their designated representative’s, evaluation of performance and quality results, not the method of performance.

5.1 CAD SERVICES

This section contains general services and work requirements that are applicable to the CAD work covered by this BPA. The items in this section are listed as separate items according to location in the Bid Schedule.

General CAD services required include:

a. Vectorize an existing drawing or sketch (2D). The base files will be in PDF or TIFF format and be based either on existing Government drawings or hand sketches. Sizes will vary from ANSI A (8.5 in x 11

in) to Engineering F (28 in x 40 in) and standard sizes in between.

b. Incorporate scanned redlines in PDF or TIFF format to a vectorized drawing (2D). The redlines will be generated by the Government and follow the format described above. Sizes will vary from ANSI A (8.5 in x 11 in) to Engineering F (28 in x 40 in) and standard sizes in between.

c. Change sheet sizes. The sheets will be in ANSI D (22 in x 34 in) and will need to be converted to Engineering F (28 in x 40 in), or vice versa.

d. Create a 3D solid or surface model from sketches or 2D drawings, as requested. The base files will be in PDF or TIFF format and be based either on existing Government drawings or hand sketches.

e. Incorporate scanned redlines in PDF or TIFF format to a 3D solid or surface model, as requested. In some cases, an existing 3D CAD model file may be provided for editing.

f. Convert between AutoCAD and MicroStation formats (bi-directional). All features of the drawings including metadata must be fully functional and editable post conversion. Sizes will vary from ANSI A (8.5 in x 11 in) to Engineering F (28 in x 40 in) and standard sizes in between.

g. Provide transfer of electronic CAD files via email or FTP site, as requested (applicable to 1-6 above).

h. Provide final drawings in PDF or TIFF in addition to electronic CAD files, as requested (applicable to 1-6 above).

6.0 PERFORMANCE REQUIREMENTS SUMMARY

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

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 Requirements Summary (PRS) determines if the KTR meets the performance standards of the BPA, as well as provides guidelines for how and when surveillance will be performed. It ensures timeliness, effectiveness, and that the BPA is delivering the results specified in the BPA. Government BPA quality assurance will be performed at such times and/or places as may be necessary to determine the services conform to BPA requirements.

If the Contractor fails to perform at any time and the work is deemed critical by the COR, Government forces may be assigned to perform the work. If this occurs, the Contractor shall be required to reimburse the Government for the full costs of the work performed including labor, materials, transportation, and supervision.

These are the criteria against which the performance will be evaluated.

PERFORMANCE REQUIREMENTS SUMMARY

Performance Objective

Performance Standard

Allowed Number of

Discrepancies Surveillance Validated

Complaints

Portland District CAD Services BPA

Vectorize an existing drawing or sketch (2D), 5.1.1

Drawing is fully vectorized, functional, and editable. All attributes are present.

Drawing conforms to CAD standards. Adequate communication performed in timely manner. Meets PWS requirements.

1 every 10 drawings, not to exceed 5% of substantive content of drawing.

100% Surveillance (Each drawing).

1 per group.

Incorporate scanned redlines in PDF or TIFF format to a vectorized drawing (2D), 5.1.2

Redline markups fully incorporated. Drawing is fully functional, and editable. All attributes are present. Drawing conforms to CAD standards.

Adequate communication performed in timely manner.

Meets PWS requirements.

1 every 10 drawings, not to exceed 5% of substantive content of drawing.

100% Surveillance (Each drawing).

1 per group.

Change sheet sizes, 5.1.3

Drawing is in the appropriate sheet size per PWS requirements.

None. 100% Surveillance (Each drawing).

1 per group.

Create a 3D solid or surface model from sketches or 2D drawings, 5.1.4

CAD file is fully functional, editable, and accurate. All attributes are present.

Model conforms to CAD standards. Meets PWS requirements.

1 every 5 files, not to exceed 5% of substantive content of file.

100% Surveillance (Each model).

1 per group.

Incorporate scanned redlines in PDF or TIFF format to a 3D solid or surface model, 5.1.5

CAD file is fully functional, editable, and accurate. All attributes are present.

Model conforms to CAD standards. Meets PWS requirements.

1 every 5 files, not to exceed 5% of substantive content of file.

100% Surveillance (Each model).

1 per group.

Convert between AutoCAD and MicroStation formats (bi-directional), 5.1.6

CAD file is fully functional, and editable. All attributes are present. Drawing conforms to CAD standards.

Meets PWS requirements.

1 every 10 files, not to exceed 5% of substantive content of file.

100% Surveillance (Each drawing).

1 per group.

Monthly report of CAD work, 6.3.1

Work tracking list is complete including past work performed and current scheduled work.

1 per report. Monthly report review plus periodic as needed.

1 per call order.

Security requirements, 7.2 and identification of employees, 7.3

Provide COR with a list of all employees who work under this contract and identify workers with a criminal record in accordance with PWS.

None Periodic (Weekly, Biweekly, Monthly)

1 per call order.

6.1.1 Surveillance: 100% surveillance with periodic inspections by the COR, in addition to complaints from

Government personnel under this BPA, will serve as the surveillance method. 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.

6.1.2 Quality Control: The Contractor, not the Government, is responsible for quality control actions necessary to meet the quality standards set forth by the BPA. The Contractor shall develop and submit their Quality Control Plan (QCP) for Government approval after award in compliance with the PWS prior to work commencing. Once accepted, the QCP becomes a part of the Quality Assurance Surveillance Plan (QASP).

The QASP is made part of the solicitation but not a part of the resultant BPA. The QASP is not a contractual instrument and may be changed at the Contracting Officer’s discretion. The Contractor then uses the QASP to guide and document the implementation of the required management and quality control actions to achieve the specified results. The Government reserves the right under the Contract Terms and Conditions—Commercial Items (FAR 52.212-4) to inspect and test the services called for by the BPA, to the extent practicable at all times and places during the term of the BPA. Non-conforming services shall be rejected.

6.1.3 Unacceptable Performance: When performance is determined unacceptable, as defined in the Performance Requirements Summary, the Government Quality Assurance Evaluator (QAE) will inform the Contractor’s on-site representative that performance is unacceptable and provide written documentation by use of the form DD 2772, Contract Discrepancy Report. By initialing and dating the form, the Contractor is only acknowledging notification of unacceptable performance. Disputes in surveillance should be referred to the Contracting Officer.

6.1.4 The Government QAE will notify the COR and the Contracting Officer of less than acceptable performance.

If any of the services do not conform to BPA requirements, the Government may require the Contractor to perform the services again in conformity with the contact requirements, at no increase in BPA amount.

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

a. Require the Contractor to take necessary action to ensure future performance conforms to BPA requirements.

b. Reduce the BPA price to reflect the reduced value of the services performed.

c. If the Contractor fails to promptly re-perform the services, or to take the necessary action to ensure future performance in conformity with BPA requirements, the government may:

(1) By BPA or otherwise, perform the services and charge to the Contractor any cost incurred by the government that is directly related to the performance of such service or

(2) Issue Cure Notice

(3) Terminate the BPA for Government convenience

(4) Terminate the BPA for Cause.

6.2 Correction of Non-Performance of Work

The Contractor shall employ an adequate quantity of personnel to insure that any service 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 non compliance has been observed by or reported to and verified by the COR.

6.2.1 Recurring defects are not permitted for any of the above service items. For example, if the COR discovers a deficiency in the drawings under the BPA, the Contractor is required to correct the defect through re-performance. No defect is recorded against the Contractor's performance. However, if this same situation occurs again during the BPA period, a defect will be recorded and reported to the Contracting Officer for appropriate action in accordance with FAR 52.212.4, Contract Terms and Conditions-Commercial Items (July 2013).

The Contractor shall employ a Project Manager who shall be available between 7:30 AM to 5:30 PM PST Monday through Friday oversee the work at the time it is being performed, and who shall have authority to represent the Contractor in dealing with the Government.

6.3 Work Scheduling

6.3.1 CAD Services work performed under this BPA shall be tracked on an up-to-date schedule indicating the number of drawings being worked on and their due dates including past work already completed under the BPA. The Contractor shall submit this list to the COR on a monthly basis and as requested by the COR during the duration of the BPA (while working on call orders only). Call orders will be placed on an as-needed basis without any minimum order size or frequency.

Communications with the Government shall take place between normal business hours as listed above and must result in a minimum conflict between the Government and Contractor’s employees. The COR maintains the authority to adjust the working hours to meet Government needs.

6.4 Damages Caused by the Contractor: The Contractor shall be held accountable and liable to the

Government for any damages to Government files or data caused by the Contractors or their employees.

The Contractor is responsible for reporting any such known damages to the COR within one business day from the time that the damages are known by the Contractor.

7.0 SAFETY AND ENVIRONMENTAL REGULATIONS

7.1 General: The Contractor shall comply with applicable Occupational Safety and Health Act (OSHA) standards as well as the Corps of Engineers Safety Requirements Manual, EM 385-1-1, dated November 2014 or most current edition. The OSHA standards are subject to change and such changes may affect the Contractor during performance under the BPA. It is the Contractor’s responsibility to be aware of such changes.

7.2 Security Requirements

7.2.1 Anti-Terrorism/Operations Security (AT/OPSEC): For this BPA, all Contractor and all associated Sub-contractor employees shall comply with applicable facility access and local security policies and procedures.

If any of the following requirements have been fulfilled within one year prior to award of this BPA, verification of such shall be provided by the Contractor to the COR.

7.2.2 Access and General Protection/Security Policy and Procedures: All Contractor and all associated Sub-contractor employees shall comply with applicable facility access and local security policies and procedures.

The Contractor shall also provide all information required for background checks to meet facility access requirements to be accomplished by the Security Office. The Contractor workforce must comply with all personal identity verification requirements as directed by the Department of Defense (DoD), Headquarters Department of Defense (HQDA), and/or local policy. In addition to the changes otherwise authorized by the changes clause of this BPA, should the Force Protection Condition (FPCON) at any individual facility change, the Government may require changes in Contractor security matters or processes.

a. Identification of Employees. The Contractor shall submit a complete, dated, signed list of all Contractor and Sub-contractor employees and their titles who will be working on the project to the TL within fifteen days prior to the commencement of the work. This listing shall be revised and resubmitted with personnel changes occur. The following information shall be provided:

− Name of Contractor − Name of Employee − Employee’s birth date − Employee’s place of birth − Employee’s valid identification with photo − Other employee information as needed based on security level

b. Foreign Born Employees. The Contractor shall submit photocopies of the green card work permits and/or passports to the COR of all Contractor employees who are foreign born and have non-citizen status.

Submit photocopies at least 30 calendar days in advance of the commencement of work by the employees.

This allows the Portland District Security Office sufficient time to run a security check on these affected personnel. Contractor and Sub-contractor personnel who fit the above description of non-citizenship shall not be permitted to work until they pass the security check in addition to other requirements of this BPA.

c. Naturalized Citizens. At least one week in advance of the commencement of work by the employees, the Contractor shall submit photocopies of Government documentation (i.e., passport) for all naturalized citizens confirming their citizenship to the COR.

7.2.3 OPSEC Standing Operating Procedure/Plan (SOP). The Contractor shall develop an OPSEC SOP/Plan within 90 days of BPA award. The OPSEC SOP/Plan must be reviewed and approved by the OPSEC Officer. The SOP/Plan will include the government’s critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. In addition, the Contractor shall identify an individual who will be an OPSEC Coordinator.

7.2.4 iWATCH and/or CorpsWatch Training. All Contractor and all associated Sub-contractors shall complete the local iWATCH, CorpsWatch, See Something, Say Something program (contact A-E Contract Coordinator for training DVD). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of BPA award and within 30 calendar days of new employees commencing performance. The Contractor shall submit a signed and dated training roster for each Contractor and Sub-contractor employee to the COR within five calendar days after completion of training. Estimated training time is five minutes per individual. Obtain training DVD from A/E Contract Coordinator.

7.2.5 OPSEC Training. All new Contractor employees shall complete Level 1 OPSEC training within 30 calendar days of commencing performance. The Contractor shall submit a signed and dated training roster for each Contractor and Sub-contractor employee to the TL and COR within five calendar days after completion of training by all employees and Sub-contractor personnel. Additionally, all Contractor employees must complete annual OPSEC awareness training. Obtain training DVD from A/E Contract Coordinator. Estimated training time is 15 minutes per individual.

7.2.6 Pre-screen Candidates using E-Verify Program. The Contractor shall pre-screen all employees using the E-verify Program (http://www.uscis.gov/E-Verify) website to meet the established employment eligibility requirements. The Prime Contractor shall ensure that each employee has two valid forms of Government issued identification to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible employees must be provided to the COR no later than three working days after award.

8.0 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. There are the additional requirements that are to be observed by the contractor http://www.uscis.gov/E-Verify http://www.dol.gov/whd/regs/compliance/posters/sca.htm

EQUAL OPPORTUNITIES FOR VETS

Equal Opportunities for Veterans. In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (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 http://dol.gov/vets/, Department of Veterans Affairs-VOW to Hire Heros Act http://benefits.va.gov/vow/, Army Wounded Warrior Program - http://wtc.army.mil/modules/employers/index.html, U.S. Chamber of Commerce Foundation-Hiring Our Heros http://www.uschamberfoundation.org/hiring-our-heroes, Guide to Hiring Veterans – Reference Material http://www.whitehouse.gov/sites/default/

EXHIBITS:

A-PRICE LIST

ATTACHMENTS:

1- PAST PERFORMANCE QUESTIONAIRE (SOLICITATION)

2- DRAWING EXAMPLES (SOLICITATION)

http://www.fedshirevets.gov/index.aspx http://dol.gov/vets/ http://benefits.va.gov/vow/ http://wtc.army.mil/modules/employers/index.html http://www.uschamberfoundation.org/hiring-our-heroes http://www.whitehouse.gov/sites/default/

Section E - Inspection and Acceptance

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-MAR-2016 TO

28-FEB-2021

N/A BLOCK 300 OFFICES

ALAN STOKKE

PORTLAND DISTRICT, CORPS OF

ENGINEERS

PO BOX 2946, 333 SW FIRST AVENUE

PORTLAND OR 97208-2946

503-808-4926 FOB: Destination

W66QKZ

52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

52.000-4006 CONTRACT ADMINISTRATOR

Contract will be administered by:

Department of the Army, Portland District Corps of Engineers P. O. Box 2946 Attn: CENWP-CT-C Portland, Oregon 97208-2946

Name: Farrell Cross and/or Dawn Simpson Telephone: 503-808-4633 or 4607

52.000.4007 INVOICE SUBMITTAL:

Original to:

U.S. Army, COE, Finance Center Attn: CEFC-AO-P 5720 Integrity Drive Millington, TN 38054-5005

Two copies to:

BLOCK 300 OFFICES

ALAN STOKKE

PORTLAND DISTRICT, CORPS OF ENGINEERS

PO BOX 2946, 333 SW FIRST AVENUE

PORTLAND OR 97208-2946

TEL: 503-808-4926

BLOCK 300 OFFICES

FARRELL CROSS/DAWN SIMPSON

PORTLAND DISTRICT, CORPS OF ENGINEERS

CONTRACTING DIVISION

PO BOX 2946, 333 SW FIRST AVENUE

PORTLAND OR 97208-2946

TEL: 503-808-4633 or 4607

Section I - Contract Clauses

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

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

52.204-13 System for Award Management Maintenance JUL 2013 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.232-17 Interest MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.242-13 Bankruptcy JUL 1995 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

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

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

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea APR 2014

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title.