W9128F-06-R-0033 Solicitation.pdf

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51 - 65 X H 66 - 73 george.m.sievers@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

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

1 73

(If other than Item 7)

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

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

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

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W9128F 8. ADDRESS OFFER TO

See Item 7

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

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

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

GEORGE M SIEVERS 402-995-2072

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 6

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

7 - 11

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

14 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 15 - 16 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 17 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

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

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

18 - 34

PART II - CONTRACT CLAUSES

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

106 SOUTH 15TH STREET

OMAHA NE 68102-1618

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

35 - 43

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

23 Apr 2008

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W9128F-06-R-0033

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lump Sum

Environmental Consulting - Basic Period

FFP

Services for environmental consulting. Up to (3) successful offerors will be awarded and assigned individual contract numbers. The maximum shared capacity is Not-to-Exceed $10,000,000.00 (basic and option period combined).

FOB: Destination

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

1001 1 Lump Sum

OPTION Environmental Consulting - Option Period

FFP

Services for environmental consulting. Up to (3) successful offerors will be awarded and assigned individual contract numbers. The maximum shared capacity is Not-to-Exceed $10,000,000.00 (basic and option period combined).

MAX

NET AMT

GENERAL INFORMATION

Request for Proposal No. W9128F-06-R-0033 Environmental Consulting Services for

Environmental Compliance Projects - Northwestern Division Clients

SECTION B –

SERVICES & PRICES/COSTS

1. Contract Definition –

The contract or multiple contracts awarded under this solicitation will be Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC) for Environmental Consulting Services, NAICS Code 541620. The contract(s) will provide Environmental Consulting Services for Environmental Compliance Projects initiated for the Northwestern Division and Omaha District Customers, in support of the U.S. Army Corps of Engineers (USACE). This contract or contracts will have the capability to support work within the Northwestern Division and service all other Omaha District Customers. The contract or contracts awarded will include firm-fixed price task orders for consulting services on environmental related issues. Services may include, but are not limited to, the control of environmental contamination from pollutants, toxic substances, and hazardous materials.

*It is noted that the subject solicitation is set-aside for qualified HubZone small business concerns (IAW FAR

19.1305 – HUBZone Set-Aside Procedures).

2. Total Amount of Contract –

This will be a multiple-award contract with up to (3) successful offerors assigned individual contract numbers.

These (3) contractors will compete per each task order up to the maximum shared capacity Not-to-Exceed $10,000,000.00 (Environmental Compliance Multiple Award Contract pool). A performance period of five years is planned (3-year base period plus one 2-year option period – see para 4). There is no limit of the number of Task Order(s) that may be executed, but in no case shall the sum of all Task Order(s) executed exceed $10,000,000.00.

Each contractor will be afforded a fair opportunity to be considered for each task order in excess of $3,000.00.

Considerations made in awarding individual task orders will include, but are not limited to: past performance on task orders issued under this contract, workload under this contract, consideration given to other work not related to this contract, technical capabilities related to the specific work contemplated, and/or price/cost.

*Fair opportunity may not be given in situations where the Contracting Officer determines that:

The need for services or supplies is of such urgency that providing such an opportunity will result in unacceptable delays

Only one (1) contractor is capable of providing such supplies or services required at a level of quality required because the supplies or services are unique or highly specialized

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

It is necessary to place a task order to satisfy a minimum guarantee

3. Guarantee Amount –

The contracts awarded under this solicitation shall have a guaranteed base period minimum amount of $3,000. If the Government chooses to exercise the Option Period on the contract, the Option Period awarded under this solicitation shall have a guaranteed minimum amount of $3,000. The guaranteed minimum may be met with the obligation of a task order meeting or exceeding the guarantee amount.

4. Performance Time -

The contract will have a basic performance period of three years plus one-2-year option period or until the $10 Million Dollar contract limit is reached, whichever occurs first. Actual performance periods are as follows:

Base Period - 01 August 2008 through 31 July 2011 Option Period 1 – 01 August 2011 through 31 July 2013

*Actual dates may vary and are dependent upon the length of the selection process.

For ordering purposes (Table 5.1.1), the performance period pricing schedule will be as follows.

Ordering Period 1 – 01 August 2008 through 31 July 2009 Ordering Period 2 - 01 August 2009 through 31 July 2010 Ordering Period 3 - 01 August 2010 through 31 July 2011 Ordering Period 4 - 01 August 2011 through 31 July 2012 Ordering Period 5 – 01 August 2012 through 31 July 2013

5. Pricing –

5.1 Firm-Fixed Price Task Orders.

Firm-Fixed Price task orders will be for services performed at prices expressly provided for therein and based on Section B. See Section G, paragraph 6 for Multiple Award Task Order Procedures. Firm-Fixed Price task orders may be subject to audit at the discretion of the applicable Contracting Officer. Profit will be reflected in task orders issued. The amount to be paid to the contractor for each firm-fixed price Task Order shall be based on the hourly rate for labor disciplines listed in Table 5.1.1 and markups for the other direct costs, paragraph 5.1.2.

If a discipline is not listed in the table and is needed for a specific task order, that labor rate will be negotiated with the offeror before award of the specific task order. All total hourly rates indicated in Table 5.1.1 of this Section B shall include Overhead, General/Administrative and any Labor Burden Fringes, or other costs and shall be exclusive of profit.

The offeror shall fill out only one Table 5.1.1. It shall show one rate per labor discipline, including those provided by subcontractors. The offeror may not have all personnel on staff. Therefore, if those personnel are subcontracted, their rates shall be provided in the tables as well. All subcontracted personnel shall be identified on the tables by the following “(SUB)” after the title of the subcontracted personnel. For example, Mid-level NEPA Specialist (SUB). The rates shown per labor discipline shall be the rates paid to the prime contractor, exclusive of profit.

The offeror shall only provide the Overhead and G&A rates for the prime, even if the labor discipline will be performed by the prime or a subcontractor, depending on the task order. The subcontractor would be subject to honoring the labor rated stated for the subject labor discipline.

NOTE: If during the Contract Period of Performance, the Contractor’s original subcontracted personnel are no longer available to the Prime, the Prime shall find a subcontractor that has, at the minimum, the same qualifications as the previous subcontracted personnel. The Prime shall be responsible for negotiating the labor rates for those personnel that have been provided in this RFP. Those rates provided are the maximum that will be paid by the Government for any replacement personnel.

TABLE 5.1.1 HOURLY LABOR RATES (FIRM FIXED PRICE):

ITEM

DISCIPLINE

BASE

HOURLY

RATE

FULLY LOADED

HOURLY RATE

Ordering Period 1

Ordering Period 2

Ordering Period 3

Ordering Period 4

Ordering Period 5

000101 Program Manager 000102 Project Manager 000103 Senior Environmental Engineer 000104 Mid-level Environmental 000105 Junior Environmental Engineer 000106 Senior Environmental Scientist 000107 Mid-level Environmental 000108 Junior Environmental Scientist 000109 Senior Regulatory Compliance 000110 Mid-level Regulatory 000111 Junior Regulatory Compliance 000112 Senior Environmental Training 000113 Mid-level Environmental 000114 Junior Environmental Training 000115 Senior NEPA Specialist 000116 Mid-level NEPA Specialist 000117 Junior NEPA Specialist 000118 Senior Pollution Prevention 000119 Mid-level Pollution Prevention 000120 Junior Pollution Prevention 000121 Senior Biologist/Ecologist 000122 Mid-level Biologist/Ecologist 000123 Junior Biologist/Ecologist 000124 Senior Hazardous Waste 000125 Mid-level Hazardous Waste 000126 Junior Hazardous Waste 000127 Senior Geologist 000128 Mid-level Geologist 000129 Junior Geologist 000130 Senior Information Management 000131 Mid-level Information 000132 Junior Information Management 000133 Senior CADD/GIS Specialist 000134 Mid-level CADD/GIS Specialist 000135 Junior CADD/GIS Specialist 000136 Senior Technician 000137 Mid-level Technician 000138 Junior Technician 000139 Clerical II 000140 Clerical I

• For each labor discipline, please annotate whether the discipline provided is (Prime/Sub).

• If a labor discipline has more than one category (i.e. Clerical I vs. Clerical II), category I is considered to be the most senior employee for that labor discipline.

5.1.2 Rates/Markups (included in the Hourly Labor Rates Shown in Table 5.1.1 above):

Base Period 1 Base Period 2 Base Period 3 Option Period 1 Option Period 2 Total Labor

Overhead Rate*: _________% G&A Rate*: _________%

Annual Escalation _________% _________% _________% _________%

*Must be substantiated by DCAA at a later time (see para 5.1)

5.1.2. The following items shall be paid at negotiated cost, plus markups identified below:

5.1.2.1 Specialized equipment and/or material. _______%

5.1.2.2. Rental Equipment. _______%

5.1.2.3. In-house copying/reproduction/copying _______%

Service.

5.1.2.4. Other Direct Costs including, but not _______%

limited to, long distance telephone, shipping, mailing, computer usage, and miscellaneous supplies/items.

5.1.2.5. Subcontractor Effort _______%

6. Department of Labor Wage Rates –

Applicable Department of Labor Wage Rates (FAR 52.222-41) (July 2005) and Statement of Equivalent Rates for Federal Hires (FAR 52.222-42) (May 1989) will be included in individual task orders. The applicable Service Contract Act Wage Determination (See Section J-Attachment 1) is provided for all firms, submitting proposals under this RFP, to begin at the same baseline in determining the labor rates to be proposed.

7. Travel –

Per Diem (lodging and MI & E expenses) shall be paid at the current Government rates in accordance with the Federal Travel Regulation (FTR) per person per calendar day spent in travel status. No per diem will be paid for travel less than the number of hours per day stated in the current FTR. Per Diem rate information may be obtained at https://secureapp2.hqda.pentagon.mil/perdiem/.

Actual cost of transportation by public conveyance (plane, limited to coach class) shall be paid. Privately- owned vehicles shall be paid at the current Government mileage rate in accordance with the FTR.

8. Base Realignment and Closure Procedures -

In the event that services as specified in Section C of this solicitation are required at a military installation affected by a closure or realignment under a base closure law, the competitive Request for Proposal for the affected task order shall include as a factor in source selection, the extent to which offerors specifically identify and commit, in their proposals, to a plan to hire residents of the vicinity of the military installation that is being closed or realigned.

Section C - Descriptions and Specifications

STATEMENT OF WORK

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1. CONTRACT PROCUREMENT OBJECTIVE AND OVERVIEW

The contract or multiple contracts awarded under this solicitation will be Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Task Order Contracts (MATOC) for Environmental Consulting Services, NAICS Code 541620. The contract(s) will provide Environmental Consulting Services for Environmental Compliance Projects initiated for the Northwestern Division and Omaha District Customers, in support of the U.S. Army Corps of Engineers (USACE). This contract or contracts will have the capability to support work within the Northwestern Division and service all other Omaha District Customers. The contract or contracts awarded will include firm-fixed price task orders for consulting services on environmental related issues. Services may include, but are not limited to, the control of environmental contamination from pollutants, toxic substances, and hazardous materials.

Project specific task orders will be issued under the basic contract and any exercised option period thereto. The USACE Contracting Officer or Contracting Officer’s Representative will provide the Contractor with any site-specific information in the USACE possession upon issuance of each task order. Information provided by USACE on any site will be dependent on the current status of the site. Each task order will define the performance requirements of the contractor.

Task orders may use performance-based Statements of Work (SOW). “A performance based Statement of Work structures all aspects of an acquisition around the purpose of the work to be performed and does not dictate how the work is to be accomplished. It is written to ensure that contractors are given the freedom to determine how to meet the Government's performance objectives and provides for payment only when the results meet or exceed these objectives. It maximizes contractor control of work processes and allows for innovation in approaching various work requirements. Performance-based SOWs emphasize performance that can be contractually defined so that the results of the contractor's effort can be measured in terms of technical and quality achievement, schedule progress, or cost performance. The goal of Performance-Based Contracting (PBC) is to:

a. Save money by reducing contract costs from elimination of unnecessary effort, through innovation by the contractor, and also by reducing Government surveillance.

b. Enable Government to shift its emphasis from processes to outputs.

c. Hold contractors accountable for the end results.

d. Ensure that contractors are given the freedom to determine how to meet Government's performance objectives.

The description of work stated herein provides a general understanding of the Contractor functions to be performed;

individual task orders will contain the specific performance based requirements. Technical requirements described herein in no way limit the activities that may be required under the terms of this contract.

Exclusive of the program and/or project management functions, the Contractor may utilize subcontractors or consultants identified in the accepted proposal or subsequently approved by the USACE Contracting Officer to perform any of the functions required within the specific task orders.

Task orders issued under this Contract will be Firm-Fixed Priced.

The Contractor shall be responsible for acquiring the latest version of applicable regulator or agency guidance, including but not limited to, the referenced documents cited in this Section C of this Solicitation and/or subsequent task orders issued after award of the Contract, unless otherwise specified.

2. CONTRACT REQUIREMENTS

The Contractor, operating as an independent Contractor and not as an agent of the Government, shall provide all labor, materials, facilities, and equipment to perform all work identified in each individual task order. The Contractor may be required to perform work under multiple task orders at different sites simultaneously. The Contractor shall be cognizant of all appropriate laws, regulations, and guidance. The Contractor shall ensure that all work activities performed by his personnel, subcontractors and suppliers are executed as required by these laws and regulations. Any incident of noncompliance noted by the Contractor shall immediately be brought to the attention of the Contracting Officer (CO) and/or the Contracting Officer's Representative (COR) by written notice. Nothing in this contract shall relieve the Contractor of the responsibility to comply with these laws and regulations. Any conflicts between laws/regulations and contract/task order requirements shall be brought to the attention of the CO and/or COR.

3. KEY PERSONNEL

The Contractor selected for this Contract shall have the experienced personnel to perform, or provide, a wide range of services required under Paragraph 1. Key Personnel and their qualifications are identified in Section L in this Solicitation. The offeror must identify the key personnel to be assigned to the Contract by name, position, and firm (if other than prime contractor, show address (city/state) where the firm is located) in the organization chart. The resumes will be evaluated to determine whether the individuals meet the minimum qualifications and experience necessary to perform their roles and responsibilities under this Contract.

NOTE: The Contracting Officer shall approve all Replacement Key Personnel. Resumes of these individuals shall be required as part of task order proposals or whenever a change in personnel is to occur, in order to verify the replacement meets the qualifications of the solicitation. Other disciplines not listed may be required to perform specific task orders. These disciplines will be required to have comparable qualifications in their field of expertise and the resumes of these individuals may be required as part of task order proposals.

3.1. MULTI-DISCIPLINED TECHNICAL STAFF

The Contractor shall utilize only personnel that meet or exceed industry standards for qualifications and experience.

The Contracting Officer may request the resumes of any of these personnel to verify that they meet the requirements before task order award.

4. GOVERNMENT SUPPORT

Any Government support shall be identified in individual task orders.

5. PROJECT SCHEDULE

The contractor shall prepare a project schedule for each individual task order. The schedule will be approved by the USACE Contracting Officer or the USACE Program Manager. The status of activities in the schedule will be updated to reflect the actual status. The schedule status will be included with Monthly Progress Reports submitted under the task order(s). The monthly progress report will discuss target and actual completion dates for each element of activity including project completion and provide an explanation of any deviation from the milestones in the work plan schedule.

6. TRAVEL AND MEETINGS

The contractor shall perform all travel and attend all meetings necessary for completion of the work required by the task orders. Air travel shall (if possible) be planned at least 14 days in advance in order to acquire the best prices available. Per Diem (lodging and MI & E expenses) shall be paid at the current Government rates in accordance with the Federal Travel Regulation (FTR) per person per calendar day spent in travel status. No per diem will be paid for travel of less than the number of hours stated in the current FTR.

Actual cost of transportation by public conveyance (plane, limited to coach class) shall be paid. Privately owned vehicles shall be paid at the current Government mileage rate in accordance with the FTR.

7. SUBMITTALS

7.1. Conference Notes -

The Contractor shall be responsible for taking notes and preparing the reports of all conferences. Conference notes shall be prepared in typed form and the original furnished to the Government (within seven (7) workdays after date of conference) for concurrence and distribution to all attendees. This report shall include the following items as a minimum:

a. The date and place the conference was held with a list of attendees;

b. The roster of attendees shall include name, organization, and telephone number;

c. Comments made during the conference and decisions affecting criteria changes shall be recorded in the basic conference notes; and

d. Conference notes should document any augmentation of written comments.

7.2. Annotated Comments -

Written comments presented by the reviewers of the project work plans, project reports, conferences, and other similar reports shall be attached to each final submittal with the action noted. Annotated comment action shall be "A" for an Approved comment, "D" for a Disapproved comment, "W" for a comment that has been Withdrawn, and "E" for a comment that has an Exception noted. In addition, brief written responses to comments shall be added where appropriate.

7.3. Confirmation Notices -

The Contractor shall be required to provide, as part of its weekly report, a record of all discussions, verbal directions, telephone conversations, and anything else discussed or participated in by the Contractor and/or his representatives on matters relative to this contract and the work. These records, entitled "Confirmation Notices" shall be numbered sequentially, fully identify participating personnel, subject discussed, and any conclusions reached. The Contractor shall forward a reproducible copy of said confirmation notices to the Government Project Manager. However, if the notice deals with a change to the statement of work, cost proposal, and schedule, the notice shall be faxed or emailed to the Contracting Officer's Representative (COR). The Government shall distribute confirmation notices.

7.4. Technical and Regulatory Reports -

Technical and regulatory reports shall be prepared and submitted by the Contractor to the Contracting Officer for each project. All reports shall have a title page/header identifying the Contract and Task Order number; Contractor name; project name; location of project; report type; and date of submittal. The task order statement of work will further specify the submittals for each project. The submittal requirements may vary with the project or site.

7.5. Partial Submittals -

Partial submittals will not be accepted without prior approval from the project manager.

7.6. Revisions and Addenda -

Prior to Government approval, review comments shall be incorporated by revising and reissuing affected pages. If major revisions are necessary, the entire document shall be resubmitted. Addenda sheets may make minor changes affecting only a few pages. The affected pages shall have the revision number and date of correction on the bottom-right corner of the page. Any changes to the work plan shall be submitted under a cover sheet with a list of pages that have been revised. The revised pages the Contractor issues shall cover any additions or changes to the plans or reports. The addendum for the project plan shall be issued prior to the commencement of work for that phase.

7.7. Review of Progress and Technical Adequacy -

At any appropriate time, representatives of the Contracting Officer may review the progress and technical adequacy of the Contractor's work. Such review shall not relieve the Contractor from performing all contract requirements, except as may be waived by written instructions.

7.8. Distribution -

The Contractor is responsible for reproduction and distribution of all documents according to the Document Submittal Register. Documents shall be mailed via regular mail, a carrier service that will provide overnight service (if necessary), or they will be faxed/emailed, as specified in the task order. Of the copies listed for distribution in the Document Submittal Register, an unbound quality reproducible copy will be provided to USACE Omaha District. The reproducible copies will be suitably packaged to prevent damage to the page edges.

8. SAFETY AND HEALTH

This contract requires the Contractor to develop and implement safety and occupational health documents and procedures in accordance with applicable federal, state and local regulations. The Contractor performing a task order is required by law to follow the requirements of OSHA Standards under 29 CFR.

9. RERSERVED

10. PHYSICAL SECURITY

The Contractor shall provide site security (e.g. fencing or guard service) as required by each individual Task Order.

However, at a minimum, the Contractor shall maintain the site and all other Contractor-controlled areas in such a manner as to minimize the risk of injury or accident to site personnel or others who may be in the area.

11. SECURITY AT MILITARY INSTALLATIONS

When work is performed at a military installation, the Contractor shall comply with all security requirements of that installation.

12. CONTRACTOR QUALITY CONTROL

Contractor Quality Control (CQC) is the means by which the Contractor ensures that the work, to include that of subcontractors and suppliers, complies with the requirements of the contract. The control shall be adequate to cover all operations, including both on-site and off-site activities. The Contractor is responsible for quality control and shall establish and maintain an effective quality control system. The quality control system shall consist of plans, procedures, and organization necessary to produce an end product that complies with governing regulations and contract task order requirements. The Contractor's quality control program shall include inspections and tests as described in the task orders. Contractor may be required to submit a Quality Assurance Surviellence Plan (QASP) as part of each task order proposal submission. Metrics for each task order QASP may be dictated by the Government.

Section D - Packaging and Marking

PACKING AND MARKING

SECTION D

PACKAGING AND MARKING

1. PACKAGING AND MARKING. Packaging and Marking requirements, if applicable, shall be specified on individual Task Orders.

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 1002 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-AUG-2008 TO

31-JUL-2011

N/A N/A

1001 POP 01-AUG-2011 TO

31-JUL-2013

N/A N/A

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

DELIVERIES OR PERFORMANCE

1. PERIODS OF PERFORMANCE:

1.1 The contract will have a basic performance period of three years plus one-2-year option period or until the $10 Million Dollar contract limit is reached, whichever occurs first. Actual performance periods are as follows:

Base Period - 01 August 2008 through 31 July 2011 Option Period 1 – 01 August 2011 through 31 July 2013

*Actual dates may vary and are dependent upon the length of the selection process.

For ordering purposes (Table 5.1.1), the performance period pricing schedule will be as follows.

Ordering Period 1 – 01 August 2008 through 31 July 2009 Ordering Period 2 - 01 August 2009 through 31 July 2010 Ordering Period 3 - 01 August 2010 through 31 July 2011 Ordering Period 4 - 01 August 2011 through 31 July 2012 Ordering Period 5 – 01 August 2012 through 31 July 2013

**Total years Not to Exceed FIVE years from Date of Contract Award.

1.2 Individual task orders issued against the contract shall include the period of performance/completion date for specific work identified therein.

Section G - Contract Administration Data

CONTRACT ADMINISTRATION DATA

1. INVOICING/PAYMENT DATA:

1.1. Submit/mail invoices (1 original and 3 copies) to:

U.S. Army Corps of Engineers, Omaha District 1616 Capital Ave (CENWO-PM-H)* Omaha, Nebraska 68102

*Note: CENWO-PM-H or other office/agency designated and authorized to receive mail/invoices for specific task orders will be identified in the task orders issued.

Invoice/Payment: The Government shall pay all invoices promptly based on inspection and acceptance criteria, in accordance with the FAR clauses as found in Sections F and I of this solicitation. Payment will be made in accordance with the FAR clauses as found in Section I of this solicitation.

1.2. All invoices will be identified with the resultant Contract Number, applicable Task Order Number, and applicable Task Order Completion Date.

1.3. Payment will be made by:

US Army Corps of Engineers, Omaha District c/o USACE Finance and Accounting Center 5722 Integrity Drive Millington, TN 38054-5005

2. CONTRACT ADMINISTRATION DATA:

2.1. The contract will be administered by:

U. S. Army Corps of Engineers, Omaha District 1616 Capital Ave Omaha, NE 68102-1618

2.2. The Contracting Officer Representative(s) will be appointed in writing by the Contracting Officer for the contract and/or for task orders as applicable.

2.3. Contracting Officer email is: pat.m.overgaard@usace.army.mil

2.4. Contracting Officer telephone number is: (402) 995-2062

2.5. Contract Specialist email is: george.m.sievers@usace.army.mil

2.6. Contract Specialist telephone number is: (402) 995-2072

3. CONTRACTING OFFICE. The Contracting Office responsible for receipt of the Contractor’s proposals for each task order is:

U. S. Army Corps of Engineers, Omaha District Attn: CENWO-CT 1616 Capital Ave Omaha, NE 68102

4. CONTRACTING OFFICER AUTHORITY. The Contracting Officer for the basic contract shall be the only individual authorized to direct/redirect the efforts under the basic contract and task orders issued or in any way modify any of the items or terms of this contract.

5. DESIGNATION OF RESPONSIBLE INDIVIDUAL/AGENCY. Individual task orders issued will designate the agency responsible for acceptance of services performed. This designation is for the purpose of technical surveillance of the work performed including details of performance and quality of work under this contract. This clause in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in the terms of the contract.

6. TASK ORDER PROCEDURES UNDER MULTIPLE AWARD TASK ORDER CONTRACT:

6.1. The contracts resulting from this solicitation shall have a guaranteed minimum amount of $3,000 for the basic period and $3,000 for the option period. Each contractor’s minimum guarantee will be met prior to the expiration of each period.

6.2. As the needs of the Government are determined, the Contracting Officer or his/her authorized representative will notify the three successful Contractors of the existing requirement through the issuance of a Request for Proposal letter. This RFP letter will include a scope of service(s)/performance work statement, Department of Labor Wage Rates and Statement of Equivalent Rates for Federal and a proposal due date.

6.3. The Contractors shall then prepare and submit a proposal with sufficient documentation for accomplishing the proposed task. This documentation shall include the number of labor hours for the disciplines/labor categories determined to be required to perform the work. The hours for the appropriate disciplines shall then be applied to the hourly rates agreed to under the initial Services/Price Schedule, Section B, of this contract. The cost proposal shall also provide a detailed breakdown of all other items (i.e., materials, travel, and other significant costs) anticipated during execution of the task order.

6.4. Upon receipt of the Contractors’ proposals, the Government will review the proposal documents for adequacy and completeness. The Government will then accept the lowest offer or best value to the Government based upon following which may include, but are not limited to, the proposed labor effort, other significant costs, and the performance time/work schedule(s) required for each task order, which the Contractor has deemed necessary. The Contracting Officer, using a DD Form 1155, will then issue a task order. This may be done by electronic means.

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

SPECIAL CONTRACT REQUIREMENTS

1. CLAUSE APPLICATIONS

Applicable clauses listed in Section I of this solicitation will be applied based on Firm-Fixed Price Task Orders.

2. WAGE RATES

The appropriate Service Contract Act Wage Determination will be incorporated into each new individual task order upon award.

3. LABOR RATES

The offeror shall submit its proposed rates for the 5-year period of performance (3-year base period and 2-year option period). Each year will be further divided into Ordering Periods. The rates proposed in Section B for the firm-fixed price task orders will be the rates used for that period. The applicable Service Contract Act Wage Determination (See Section J-Attachment 1) is provided for all firms, submitting proposals under this RFP, to begin at the same base in determining the labor rates to be proposed under Section B of this solicitation.

3.2. Option Period Rates –

The offeror shall also submit its proposed rates for the 2-year option period. The rates proposed in Section B, for the firm-fixed price task orders, will be the rates used for the option period.

CPARS

SERVICES, SYSTEMS, OPERATIONS SUPPORT, INFORMATION TECHNOLOGY CONTRACTS:

"Contractor Performance Evaluations”

In accordance with the provisions of Subpart 42.15 (Contractor Performance Information) of the Federal Acquisition Regulation (FAR), contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Army Federal Regulation Supplement (AFARS) 5142.15. For services, systems, operations support and information technology and at the thresholds listed in AFARS, USACE will evaluate contractor’s performance and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), which is a web-based system.

After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CPARS requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.csd.disa.mil/. If the Contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the Contractor."

Section I - Contract Clauses

52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-7 Central Contractor Registration JUL 2006 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.215-2 Audit and Records--Negotiation JUN 1999 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Cost or Pricing Data OCT 1997 52.215-11 Price Reduction for Defective Cost or Pricing Data--

Modifications

OCT 1997

52.215-12 Subcontractor Cost or Pricing Data OCT 1997 52.215-13 Subcontractor Cost or Pricing Data--Modifications OCT 1997 52.215-15 Pension Adjustments and Asset Reversions OCT 2004 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications

OCT 1997

52.217-5 Evaluation Of Options JUL 1990 52.219-3 Notice of Total HUBZone Set-Aide JAN 1999 52.219-6 Notice Of Total Small Business Set-Aside JUN 2003 52.219-8 Utilization of Small Business Concerns MAY 2004 52.219-14 Limitations On Subcontracting DEC 1996 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

JUL 2005

52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-37 Employment Reports On Special Disabled Veterans, Veterans

Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-38 Compliance With Veterans' Employment Reporting Requirements

DEC 2001

52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees

DEC 2004

52.222-41 Service Contract Act Of 1965 NOV 2007

52.222-43 Fair Labor Standards Act And Service Contract Act - Price Adjustment (Multiple Year And Option)

NOV 2006

52.222-50 Combating Trafficking in Persons AUG 2007 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program AUG 2000 52.225-13 Restrictions on Certain Foreign Purchases FEB 2006 52.226-1 Utilization Of Indian Organizations And Indian-Owned

Economic Enterprises

JUN 2000

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

Infringement

DEC 2007

52.227-3 Patent Indemnity APR 1984 52.227-14 Rights in Data--General DEC 2007 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-7 Insurance--Liability To Third Persons MAR 1996 52.229-1 State and Local Taxes APR 1984 52.229-3 Federal, State And Local Taxes APR 2003 52.230-2 Cost Accounting Standards APR 1998 52.230-3 Disclosure And Consistency Of Cost Accounting Practices APR 1998 52.230-6 Administration of Cost Accounting Standards APR 2005 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest JUN 1996 52.232-23 Assignment Of Claims JAN 1986 52.232-25 Prompt Payment OCT 2003 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Alt I Disputes (Jul 2002) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.244-6 Subcontracts for Commercial Items MAR 2007 52.245-1 Government Property JUN 2007 52.246-25 Limitation Of Liability--Services FEB 1997 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

MAY 2004

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.251-1 Government Supply Sources APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7002 Display Of DOD Hotline Poster DEC 1991 252.204-7000 Disclosure Of Information DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

OCT 2006

252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country

OCT 2006

252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government

JUN 2005

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country

DEC 2006

252.215-7000 Pricing Adjustments DEC 1991 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage And Disposal Of Toxic And

Hazardous Materials

APR 1993

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.227-7000 Non-estoppel OCT 1966 252.227-7022 Government Rights (Unlimited) MAR 1979 252.232-7010 Levies on Contract Payments DEC 2006 252.239-7002 Access DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7006 Removal of Contractor's Employees DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall--

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes;

and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

(End of clause)

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST

OR PRICING DATA (OCT 1997)

(a) Exceptions from cost or pricing data. (1) In lieu of submitting cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for cost or pricing data. If the offeror is not granted an exception from the requirement to submit cost or pricing data, the following applies:

(1) The offeror shall prepare and submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408.

As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of provision)

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through any option year exercised thereto.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000 , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $3,000,000;

(2) Any order for a combination of items in excess of $3,000,000; or

(3) A series of orders from the same ordering office within 30 days…