W9128F19R0027_RDI_I_8a_MATOC_RFP__-.pdf

RAPID DISASTER INFRASTRUCTURE (RDI) RESPONSE CONTRACT

INDEFINITE DELIVERY/INDEFINITE QUANTITY

8(a) MULTIPLE AWARD TASK ORDER CONTRACT (MATOC) COVERING THE GEOGRAPHIC AREA OF NEBRASKA, IOWA, NORTH DAKOTA, SOUTH DAKOTA, MISSOURI AND KANSAS.

RETURN WITH OFFER: INFORMATION REQUIRED BY SECTION 00 11 00 (SF1442), SECTION 00 22 00, AND SECTION 00 45 00.

*BLOCK 13A. – REFER TO SECTION 00 22 00 FOR PROPOSAL SUBMISSION REQUIREMENTS.

OTHER BONDING INFORMATION: SEE GENERAL CONDITIONS (CONTRACT CLAUSES) CLAUSE "PERFORMANCE AND PAYMENT BONDS".

THIS SOLICITATION IS SET-ASIDE FOR 8(a) FIRMS ONLY, AS SPECIFIED IN SECTION 00 220 00.

ADAM STOVER 402-995-2905

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

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

NEGOTIATED

29-May-2019

(RFP)

(IFB)

X

CALL:

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

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

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

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

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

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

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

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

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

D. Offers providing less than _______240 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

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

4. CONTRACT NO.

7. ISSUED BY CODE

U.S. ARMY CORPS OF ENGINEERS, OMAHA DIST

CONTRACTING OFFICE

1616 CAPITOL AVENUE

OMAHA NE 68102-4901

W9128F

PAGE OF PAGES

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

(hour)

Sealed envelopes containing offers

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

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

FAX:TEL: TEL: FAX:

W9128F19R0027 1 OF 243

2:00 p.m.

09 July 2019

W9128F19R0027

20B. SIGNATURE

TO SIGN

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

CODE FACILITY CODE

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

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

AMOUNTS SEE SCHEDULE OF PRICES

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

19. ACKNOWLEDGMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

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

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

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

30B. SIGNATURE

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

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

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

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

30C. DATE

(Type or print)

TEL: EMAIL:

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Submittal Register

Templete Attachment 2 Shop Drawing Template Attachment 3 As-Built Template

Section 00 10 00 - Solicitation

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 95,000,000 Job RDI 8(a) MATOC - Base Period

FFP

One (1) year base with four (4) 1-year options for a total of five (5) year contract with a shared capacity of $95,000,000.00 FOB: Destination

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Job OPTION RDI 8(a) MATOC - Option Period

FFP

One (1) year base with four (4) 1-year options for a total of five (5) year contract with a shared capacity of $95,000,000.00 FOB: Destination

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Job OPTION RDI 8(a) MATOC - Option Period

FFP

One (1) year base with four (4) 1-year options for a total of five (5) year contract with a shared capacity of $95,000,000.00 FOB: Destination

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Job OPTION RDI 8(a) MATOC - Option Period

FFP

One (1) year base with four (4) 1-year options for a total of five (5) year contract with a shared capacity of $95,000,000.00 FOB: Destination

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED Job OPTION RDI 8(a) MATOC - Option Period

FFP

One (1) year base with four (4) 1-year options for a total of five (5) year contract with a shared capacity of $95,000,000.00 FOB: Destination

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0006 UNDEFINED Job OPTION Option to Extend Services

FFP

In accordance with FAR 52.217-8 -- Option to Extend Services -- the total extension of performance hereunder shall not exceed 6 months. Should the Government exercise its right to extend the contract under FAR Clause 52.217-8, the Contractor will be required to hold its labor rates to the accepted rates identified in the Binding Labor Rate Schedule - 6-Month Option to Extend Period Burdened Labor Rate, except for any revisions to the prevailing labor wages provided by the Secretary of Labor.

FOB: Destination

MAX

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 14-AUG-2020 95,000,000 COE SPECIAL PROJECTS OFC

LARRY WOSCYNA

USAED, OMAHACENWO-CD-RR

525 CASTLE HALL

OFFUTT AFB NE 68113

402-995-2580 FOB: Destination

966530

0002 14-AUG-2021 (SAME AS PREVIOUS LOCATION)

FOB: Destination

966530

0003 14-AUG-2022 (SAME AS PREVIOUS LOCATION)

FOB: Destination

966530

0004 14-AUG-2023 (SAME AS PREVIOUS LOCATION)

FOB: Destination

966530

0005 14-AUG-2024 (SAME AS PREVIOUS LOCATION)

FOB: Destination

966530

0006 14-FEB-2025 (SAME AS PREVIOUS LOCATION)

FOB: Destination

966530

CLAUSES INCORPORATED BY REFERENCE

52.222-38 Compliance With Veterans' Employment Reporting Requirements

FEB 2016

CONTRACT RATE PRICING SCHEDULE

ABLE 1: Binding Labor Rates

Labor Discipline

U nb ur de ne d

L ab or R at e

(B as e Pe ri od

B ur de ne d L ab or

R at e (B as e

Pe ri od

B ur de ne d L ab or

R at e (O pt io n Pe ri od

B ur de ne d L ab or

R at e (O pt io n Pe ri od

B ur de ne d L ab or

R at e (O pt io n Pe ri od

B ur de ne d L ab or

R at e (O pt io n Pe ri od

B ur de ne d L ab or

R at e (6

M on th

E xt en si on

Accounting Manager (Home Office)

Program Manager/Construction Operations Manager (Home Office)

Response Manager/Project Manager (Home Corporate Safety and Health Manager (Home Office) Corporate Quality Control Manager (Home Office) Procurement Specialist (Home Office)

Accounting/ Financial Analyst (Field Office)

Site Superintendent (Field Office)

Quality Control Specialist/CQC System Manager (Field Office)

Site Safety and Health Officer (Field Office)

Onsite Project Cost Tracker (Field Office)

1. Firm Fixed Pricing Task Orders

1.1. Binding Capped Hourly Labor Rates

The binding capped labor rates for this contract shall be provided by the Offeror in Table 1. The amount to be paid to the contractor for each firm-fixed price task order shall not exceed the “maximum” hourly rates proposed by the contractor for the labor disciplines listed in Table 1, “Binding Labor Rates.”

1.1.1. The capped hourly rates provided on Table 1 shall be “Fully Burdened,” i.e., shall include Overhead (OH), General/Administrative (G&A), Labor Burden Fringes, and any other indirect costs exclusive of profit.

1.1.2. Labor rates used in formulating task order proposals shall not exceed the capped labor rates as of the date of task order requirement.

1.1.3. The Offeror shall indicate for each discipline whether it is employed by the prime or a subcontractor by annotating PRIME or SUB next to the discipline in the first column. For example, “CADD Operator (SUB)”.

The rates shown per labor discipline shall be fully burdened rates, exclusive of profit.

1.1.4. The hourly burdened labor rates proposed in the Binding Capped Labor Rate Schedule are binding upon contract award for the life of the MATOC, to include all option periods and extensions. These rates are applicable to both task orders and modifications.

1.1.5. The capped hourly, fully burdened labor rates shall include all applied direct and indirect costs, e.g., direct labor costs, payroll taxes, insurance, benefits, applied OH, applied G&A, and any other applied indirect costs, but shall not include profit.

1.1.6. If a discipline is not listed in the contract rate pricing schedule and is required for the contractor to perform a specific task order, the contractor may propose the required labor category and provide the unburdened labor rate along with all applied direct and indirect costs which formulate the fully burdened labor rate (exclusive of profit) in the proposal submitted in response to the issued Request for Task Order Proposal (RTOP).

1.1.7. If during the Contract Period of Performance, the Offeror’s original key personnel (prime or subcontracted) are no longer available, the Offeror shall replace these individuals with personnel whom, at a minimum, have the same qualifications as the personnel being replaced. The Offeror shall be responsible for negotiating labor rates for those personnel that do not exceed the rates provided in Table 1, which are the maximum rates the Government will pay for any personnel. The Contractor shall submit the replacement personnel’s qualifications to the Contracting Officer for approval.

1.1.8. The applicable capped labor rates shall be governed by the effective date of the Task Order. Task Orders will use the prices for the 12-month period effective on the date the Task Order is issued. Modifications to Task Orders will reflect the rates of the “current 12-month” binding labor rate schedule. For example, if the rate schedule changes over on 1 November of each year, and a Task Order is issue on 1 September 2020 for 12 months work, the maximum rates will be the rates that were effective on 1 November 2019. Under the same assumptions, if a modification to the Task Order is required in December 2020, the labor rates effective on 1 November 2020 will apply.

1.1.9. The Offeror has the responsibility to provide labor rates that comply with all potential Service Contract Act wage determinations and/or Davis Bacon wage decisions for each labor discipline subject to those wage determinations/wage decisions. The Government will provide the applicable wage determination(s) for the specific geographic location of the task orders in the RTOP.

1.1.10. Provide one (1) rate per labor discipline, regardless of whether the individuals employed for that discipline are directly employed or subcontracted.

1.2. Firm-Fixed Price Escalation and Maximum Profit

1.2.1. The escalation rate applied to years 2 through 5 shall be provided by the Offeror in Table 2:

Table 2: Escalation Rate

Profit will be negotiated at the task order level for each Firm-Fixed Price task order but shall not exceed the maximum profit rate provided by the Offeror in Table 3, “Maximum Profit.” The maximum profit shall be binding for the life of the contract, to include all option periods and extensions, and shall be the maximum profit the Contractor will be allowed to propose for all firm-fixed-price task orders and modifications issued under this contract.

1.2.2. The Contractor may propose a lower profit when responding to a RTOP (or subsequent modifications) based on the tasks identified in the request and the risk associated with the project.

1.2.3. The maximum profit on this contract shall be provided by the Offeror in Table 3:

Table 3: Maximum Profit

2. Cost Reimbursable Task Orders

The contractor shall have the ability to support cost reimbursement task orders (i.e., an adequate cost accounting system for determining costs applicable to the contract order and acceptable purchasing system). The Government reserves the right to request a Defense Contract Audit Agency DCAA Audit prior to or after contract award. Additionally, each cost reimbursable task order issued will be subject to DCAA Audit.

2.1. Accounting System

The contractor will use DCAA approved forward pricing rates or Certified Public Accountant (CPA) established cost pools in accordance with FAR Part 31 for applied Overhead, G&A, and other indirect applied rates, and shall have an accounting system that is in compliance with Cost Accounting Standards (CAS) [large business firms only] and Generally Accepted Accounting Principles (GAAP).

2.2. Fixed Fee

Fixed Fee will be negotiated on each cost reimbursement task order. In no case can the fixed fee exceed the statutory limit of 10% for cost reimbursement task orders, in accordance with Federal Acquisition Regulations 15.404-4.

The maximum Fixed Fee shall be provided by the Offeror in Table 4, Maximum Fixed Fee, and is binding upon contract award for the life of the MATOC, to include all option periods and extensions. These rates are applicable to both task orders and modifications.

Table 4: Maximum Fixed Fee

3. Binding Capped Rates for Firm Fixed and Cost Reimbursable Task Orders

The Binding Capped Rates represent the maximum Overhead, G&A, or other Indirect rates that the Contractor shall use when responding to a RTOP issued by the Government. These rates are applicable to both Firm Fixed Price and Cost Reimbursable contracts and shall also apply to all modifications. The Offeror may use lower rates in proposals, but not higher.

3.1. The Binding Capped Rates shall be the maximum applied OH, G&A and other indirect rates used for the duration of the contract. The Binding Capped Rates will not be adjusted upward as a result of an audit of the contract or the follow-on task orders. The Contractor should use the actual labor rate(s) paid to the employee(s) for each discipline with the applied Binding Capped Rates for OH, G&A and other indirect rates. A Contractor can propose lower OH, G&A and other indirect rates for a specific task order; however, those proposed lower rates become the binding capped rates for that specific task order. The proposed task order indirect rates will not be adjusted upward as a result of an audit of the contract or the specific task order.

3.2. The Binding Capped Rates for this contract shall be provided by the Offeror in Table 5. The capped rates provided by the Offeror are binding upon contract award for the life of the MATOC, to include all option periods and extensions. These rates are applicable to both task orders and modifications, unless adjusted in accordance with paragraph 3.1.

4. Department of Labor Wage Rates

The appropriate Department of Labor Wage Determination/Decision will be provided for individual Task Orders issued against the contract.

5. Travel

The Contractor shall perform all travel and attend all meetings necessary for completion of the work required by the Task Orders. 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 http://www.defensetravel.dod.mil/. Actual cost of transportation by public conveyance (plane, limited to coach class) shall be paid. Air travel shall (if possible) be planned in advance in order to acquire the best prices available. Privately owned vehicles shall be paid at the current Government mileage rate in accordance with the FTR. The maximum amount paid for an airline ticket shall be the cost of travel via coach class.

RFP BIDDER INQUIRIES

Section 00 21 00

BIDDER INQUIRY INSTRUCTIONS

Technical inquiries and questions relating to technical requirements, proposal procedures, etc. are to be submitted via Bidder Inquiry in ProjNet at: https://www.projnet.org/projnet/ no later than ten (10) calendar days prior to the date set for receiving proposals, in order that they may be given consideration or actions taken prior to receipt of offers. The Bidder Inquiry system is to be used to ask and receive answers to all non-proprietary questions. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team. All timely questions and approved answers will be made available through ProjNet.

Table 5: Binding Capped Rates

Overhead Rate _________%

G&A Rate _________%

If Applicable: Other Indirect Applied Rates (Specifically identify rate and reason for rate below)

Project ID: W9128F19R0027 – RFP Quick Add Key: GNKKTZ-3DRB6A

a. Registration for ProjNet Bidder Inquiry Access (If you are already registered, go to Entering Bidder Inquiries in ProjNet Bidder Inquiry System below.

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

b. Entering Bidder Inquiries in ProjNet Bidder Inquiry System

1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

8. Follow online screen instructions to enter specific bidder inquiries for the project.

c. The Bidder Inquiry System will be unavailable for new inquires after ten (10) calendar days in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

d. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

e. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

f. Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

-- End of Section --

Section 00 22 00 - Supplementary Instructions

00 22 00

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-20 Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data

OCT 2010

52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort

OCT 2009

52.216-27 Single or Multiple Awards OCT 1995 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999 52.222-33 Alt II Notice of Requirement for Project Labor Agreement (MAy

2010) Alternate I

MAY 2010

52.222-46 Evaluation Of Compensation For Professional Employees FEB 1993 52.225-10 Notice of Buy American Requirement--Construction

Materials

MAY 2014

52.225-12 Notice of Buy American Requirement - Construction Materials Under Trade Agreements

MAY 2014

52.232-13 Notice Of Progress Payments APR 1984 52.237-10 Identification of Uncompensated Overtime MAR 2015

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price contract with firm fixed price and cost reimbursement task orders resulting from this solicitation.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from U.S. Army Corps of Engineers, Omaha District, Attn: Contracting Officer, Contracting Division, 1616 Capitol Ave., Omaha, Nebraska 68102-4901, by obtaining written and dated acknowledgment of receipt from the Contracting Officer, Contracting Division Representative (e.g. Contract Specialist) or Office of Counsel Representative.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the

GAO.

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any (48 CFR Chapter ) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

Section 00 45 00 - Representations and Certifications

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.223-1 Biobased Product Certification MAY 2012 52.223-4 Recovered Material Certification MAY 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.236-28 Preparation of Proposals--Construction OCT 1997 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

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

JUN 2010

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.236-7008 Contract Prices-Bidding Schedules DEC 1991 252.247-7022 Representation Of Extent Of Transportation Of Supplies By

Sea

AUG 1992

CLAUSES INCORPORATED BY FULL TEXT

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

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

Commercial and Government Entity (CAGE) code means—

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

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

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

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

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

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

Immediate owner CAGE code:

Immediate owner legal name: ___

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

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

[ ___ ] Yes or [ ___ ] No.

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

Highest-level owner CAGE code:

Highest-level owner legal name:

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

(End of provision)

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

REPRESENTATION (NOV 2015)

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

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

(c) Representation. The Offeror represents that--

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

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

(End of provision)

252.225-7035 BUY AMERICAN--FREE TRADE AGREEMENT --BALANCE OF PAYMENTS PROGRAM

CERTIFICATE--BASIC (NOV 2014)

(a) Definitions. ``Bahrainian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``foreign end product,'' ``Moroccan end product,'' ``Panamanian end product,'' ``Peruvian end product,'' ``qualifying country end product,'' and ``United States,'' as used in this provision, have the meanings given in the Buy American--Free Trade Agreements--Balance of Payments Program--Basic clause of this solicitation.

(b) Evaluation. The Government—

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) For line items subject to Buy American--Free Trade Agreements--Balance of Payments Program-- Basic clause of this solicitation, will evaluate offers of qualifying country end products or Free Trade Agreement country end products other than Bahrainian end products, Moroccan end products, Panamanian end products, or Peruvian end products without regard to the restrictions of the Buy American or the Balance of Payments Program.

(c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American--Free Trade Agreements--Balance of Payments Program—Basic clause of this solicitation, the offeror certifies that—

(i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product;

and

(ii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The offeror shall identify all end products that are not domestic end products.

(i) The offeror certifies that the following supplies are qualifying country (except Australian or Canadian) end products:

(Line Item Number) (Country of Origin)

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahrainian end products, Moroccan end products, Panamanian end products or Peruvian end products:

(Line Item Number) (Country of Origin)

(iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of ``domestic end product'':

(Line Item Number) (Country of Origin (If known))

(End of provision)

Section 00 70 00 - Conditions of the Contract

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$95,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

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

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,500.00 $20,000,000.00

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

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

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 $ $

0002 $ $

0003 $ $

0004 $ $

0005 $ $

0006 $ $

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 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

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

Improper Activity

MAY 2014

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

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-2 Alt II Security Requirements (Aug 1996) - Alternate II APR 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

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

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research APR 2011 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997

52.215-21 OCT 2010

52.215-23 OCT 2009

52.216-4 JAN 2017

52.216-9 JUN 2011

52.219-6 NOV 2011

52.219-14 JAN 2019

52.222-1 FEB 1997

52.222-3 JUN 2003

52.222-4 MAY 2018

52.222-6 AUG 2018

52.222-7 MAY 2014

52.222-8 AUG 2018

52.222-9 JUL 2005

52.222-10 FEB 1988

52.222-11 MAY 2014

52.222-12 MAY 2014

52.222-13 MAY 2014

52.222-14 FEB 1988

52.222-15 MAY 2014

52.222-16 MAY 2014

52.222-21 APR 2015

52.222-26 SEP 2016

52.222-27 APR 2015

52.222-37 FEB 2016

52.222-40 DEC 2010

52.222-41 AUG 2018

52.222-43 AUG 2018

52.222-44 MAY 2014

52.222-50 MAR 2015

52.222-54 OCT 2015

52.223-2 SEP 2013

52.223-5 MAY 2011

52.223-6 MAY 2001

52.223-10 MAY 2011

52.223-11 JUN 2016

52.223-12 JUN 2016

52.223-15 DEC 2007

52.223-17 AUG 2018

52.223-18 AUG 2011

52.225-13 JUN 2008

52.227-1 DEC 2007

52.227-4 DEC 2007

52.227-14 MAY 2014

52.228-2 OCT 1997

52.228-3 JUL 2014

52.228-5

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications Limitations on Pass-Through Charges Economic Price Adjustment-Labor and Material Fixed Fee--Construction Notice Of Total Small Business Set-Aside Limitations on Subcontracting (DEVIATION 2019-O0003) Notice To The Government Of Labor Disputes Convict Labor Contract Work Hours and Safety Standards - Overtime Compensation Construction Wage Rate Requirements Withholding of Funds Payrolls and Basic Records Apprentices and Trainees Compliance with Copeland Act Requirements Subcontracts (Labor Standards) Contract Termination-Debarment Compliance With Construction Wage Rate Requirements and Related Regulations Disputes Concerning Labor Standards Certification of Eligibility Approval of Wage Rates Prohibition Of Segregated Facilities Equal Opportunity Affirmative Action Compliance Requirements for Construction Employment Reports on Veterans Notification of Employee Rights Under the National Labor Relations Act Service Contract Labor Standards Fair Labor Standards Act And Service Contract Labor Standards - Price Adjustment (Multiple Year And Option Contracts) Fair Labor Standards And Service Contract Labor Standards- Price Adjustment Combating Trafficking in Persons Employment Eligibility Verification Affirmative Procurement of Biobased Products Under Service and Construction Contracts Pollution Prevention and Right-to-Know Information Drug-Free Workplace Waste Reduction Program Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.

Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

Energy Efficiency in Energy-Consuming Products Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts Encouraging Contractor Policies To Ban Text Messaging While Driving Restrictions on Certain Foreign Purchases Authorization and Consent Patent Indemnity-Construction Contracts Rights in Data--General Additional Bond Security Worker's Compensation Insurance (Defense Base Act) Insurance - Work On A Government Installation JAN 1997

52.219-18 Notification of Competition Limited to Eligible 8(a) Participants

JAN 2017

52.228-7 Insurance--Liability To Third Persons MAR 1996 52.228-11 Pledges Of Assets AUG 2018 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-15 Performance and Payment Bonds--Construction OCT 2010 52.229-3 Federal, State And Local Taxes FEB 2013 52.230-2 Cost Accounting Standards OCT 2015 52.230-3 Disclosure And Consistency Of Cost Accounting Practices OCT 2015 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.230-7 Proposal Disclosure--Cost Accounting Practice Change APR 2005 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-17 Interest MAY 2014 52.232-20 Limitation Of Cost APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-18 Work Oversight in Cost-Reimbursement Construction

Contracts

APR 1984

52.236-19 Organization and Direction of the Work APR 1984 252.203-7004 Display of Hotline Posters OCT 2016

CLAUSES INCORPORATED BY FULL TEXT

52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from

USACE, Contracting Division or Construction Division

i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5.5 million , except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within (See task order) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than . * The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018)

(a) Invoicing.

(1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.

(3) The designated payment office will make interim payments for contract financing on the 14th day after the designated billing office receives a proper payment request.

In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

(b) Reimbursing costs. (1) For the purpose of reimbursing allowable costs (except as provided in subparagraph (b)(2) of the clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term "costs" includes only--

(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;

(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for--

(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made--

(1) In accordance with the terms and conditions of a subcontract or invoice; and

(2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government;

(B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract;

(C) Direct labor;

(D) Direct travel;

(E) Other direct in-house costs; and

(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and

(iii) The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors.

(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless--

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes).

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause.

(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.

(c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks.

(d) Final indirect cost rates. (1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.

(2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years.

Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data.

(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal.

(iii) An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Federal agency official:

(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.

(B) General and Administrative expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts).

(C) Overhead expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) for each final indirect cost pool.

(D) Occupancy expenses (intermediate indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) and expense reallocation to final indirect cost pools.

(E) Claimed allocation bases, by element of cost, used to distribute indirect costs.

(F) Facilities capital cost of money factors computation.

(G) Reconciliation of books of account (i.e., General Ledger) and claimed direct costs by major cost element.

(H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government participation percentages in each of the allocation base amounts.

(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract.

(J) Subcontract information. Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and subcontract numbers; subcontract value and award type; amount claimed during the fiscal year; and the subcontractor name, address, and point of contact information).

(K) Summary of each time-and-materials and labor-hour contract information, including labor categories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect expense applied at claimed rates.

(L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution.

(M) Listing of decisions/agreements/approvals and description of accounting/organizational changes.

(N) Certificate of final indirect costs (see…