Am 0002 Sect B Pricing Schedule dtd 3 May 2021 150M Nationwide 8(a) ERS MEGA.xlsx

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Amendment #0002 3 May 2021 12 March 2021

Offeror:

1. This contract is an 8(a) Ntionwide Indefinite Delivery Contract (IDC) Multiple Award Task Order Contract (MATOC) for Environmental Remediation Services (ERS) Projects assigned to the Regional Planning and Environmental Center (RPEC) within the geographic boundaries of the Southwestern Division (SWD) and the South Pacific Division (SPD) and projects assigned to SWD and SPD in accordance with UAI Subpart 5107.102-100 and ER 5-1-10. This MATOC for Environmental Remediation Services (ERS) under NAICS code 562910 is a part of the U.S. Army Corps of Engineers, Northwestern, Southwestern and South Pacific Divisions’ Multiple Environmental Government Acquisition (MEGA) Strategy. The total amount of the MATOC with shared capacity among all contractors awarded contracts under this solicitation shall not exceed $150 million. There is no limit on the number of task orders that may be executed against this MATOC or individual IDCs. The cumulative total of all Task Orders issued under the MATOC shall not exceed the total shared contract capacity amount of $150 million. Firm-Fixed-Price Task Orders shall be written against the IDCs. The MATOC pool will be awarded under a Competitive 8(a) solicitation. The intent is to award a target of five (5) contracts under this solicitation; however, if the Source Selection Authority (SSA) determines during the source selection process that fewer or more than five (5) contracts should be awarded, based upon the selection criteria, the SSA has the discretion of adjusting that number or awarding none at all. Each contract awarded under this solicitation shall have a guaranteed Base Period minimum amount of $2,500.00. The guaranteed minimum will be met with the obligation of a task order meeting or exceeding the guaranteed amount. The minimum guarantee applies only to the Base Period and there is no minimum guarantee for any subsequent Option Period.

2. The Contract Line Item structure shall be established at the Task Order level. Pricing of Task Orders shall be pursuant to the instructions and limitations in accordance with FAR Clause 52.216-19, Order Limitation. The Contractor shall complete the Discipline Rate Schedule below for the 3-year Base Period, the 2-year Option Period and the Additional 6-month Period (do not apply escalation to the 6-month period, as these rates must be the same as the Option Period Year 5 rates). An hourly rate must be provided for each discipline for every year within the Base and Option Period; failure to provide an hourly rate for all disciplines will result in the Offeror’s proposal being deemed ineligible for further consideration for contract award. These rates will apply to the prime contractor and all teaming subcontractors. A list of all teaming subcontractors must be submitted with the proposal.

3. All costs associated with travel shall be in accordance with the Joint Travel Regulations (JTR).

4. The Period of Performance for the Base Period for the contract will be 3 years, or 36 months, from the date of contract award. In addition, there will be one (1) 2-year Option Period (exercisable at the Government’s discretion, early if necessary, to access the Option Period’s contract capacity). The total Period of Performance will not exceed 5 years. However, if Contract Clause 52.217-8 is exercised it will extend the contract for an additional 6 months at the existing Option Period, Year 2 rates.

FAR Clause 52.217-8, Option to Extend Services, will be the authority to extend the IDC’s period of Performance an additional 6 months beyond the 2-year Option Period, if necessary. In accordance with this contract clause, the rates during this 6-month extension period would be the “existing rates”, which would be those identified in Option Period-Year 5.

5. This is a firm-fixed-price type contract for the services specified in Section C, Statement of Work, which may or may not be required during the contract period. The Government is setting forth its anticipated requirements and its obligation under this contract. If the Government has any requirements for this type of work described in Section C, Statement of Work, during the contract period, the Government will procure said services on Task Orders on a per Job basis.

According to FAR 16.505(b) and DFARS 216.505-70, all multiple award contractors shall be provided a fair opportunity to be considered for each individual Task Order in excess of $3,500 issued under this MATOC. Pursuant to the procedures established in the aforementioned clauses, this document standardizes this process and assures uniform application of this policy.

B) Multiple Award Task Order Contract (MATOC) Intent The intent of the MATOC is to provide environmental services that support programs and projects assigned to and under direct management responsibility of the RPEC within the Southwestern Division (SWD) and the South Pacific Division (SPD), US Army Corps of Engineers. Task orders will be issued on a project specific basis.

C) Period and Amount The total amount of the Task Orders awarded under this MATOC shall not exceed a total maximum shared capacity of $150,000,000 for all contracts over five (5) years.

a) The Government’s need is of such unusual urgency that providing a fair opportunity to all awardees would result in unacceptable delays [FAR 16.505(b)(2)],

b) Only one source is capable of responding at the level of quality required due to the unique or specialized nature of the work [FAR 16.505(b)(2)];

c) The new work is a logical follow-on in the interest of economy and efficiency to an existing task order where awardees were originally given a fair opportunity to be considered [FAR 16.505(b)(2)]; OR

d) The order must be placed with a particular contractor in order to satisfy a minimum guarantee. [FAR 16.505(b)(2)].

2. Once a project is identified for competition, the Contracting Officer or his designate will contact the MATOC contractors concerning the anticipated work. Contact may be by mail, phone, fax, or e-mail. The Contracting Officer will request Technical and Cost/Price Proposals from each contractor. MATOC awardees shall prepare and submit proposals to the Contracting Office that address the evaluation factors specified in the request. Pre-award task order costs will not be reimbursed.

3. Fair opportunity to be considered for placement of all Task Orders will consist of a Government review and analysis of submitted proposals. Contractor selection will be based on an integrated assessment of all evaluation factors appropriate to the project. These factors may include some, all or any combination of the following nine considerations, although cost or price shall be included in all projects.

a) Specific technical and/or management capabilities and proposed technical approach

b) Experience/knowledge of the proposed work site.

c) Availability of labor and resources to avoid delays

d) Contractor performance on prior task orders including timely performance and quality of products or services provided and timeliness

e) Cost control

f) Customer satisfaction and favorable customer relations

g) Knowledge and experience complying with project specific State and Federal laws and regulations

h) Ability to meet schedule drivers (regulatory, risk, reuse, obligation rates, etc.)

i) Costs (using matrix of contractor-specific costs)

An ad hoc panel comprised of Government team members who are knowledgeable of the project work requirements will conduct the review. After a selection is made, based on the best value to the Government, the selected MATOC contractor shall be contacted for final negotiations.

E. The Government is not required to contact each awardee before selection if the Contracting Officer (KO) has information that each awardee is provided fair opportunity to be considered. The Government reserves the right to award a task order solely on the basis of its review of data and analysis of evaluation criteria without discussions with the awardees. However, if discussions are necessary, the Government will conduct them with the MATOC contractors.

F. Under the provisions of the Federal Acquisition Streamlining Act of 1994, 10 U.S.C. 2304 (c) (Public Law 103-355), a protest is not authorized in connection with the issuance or proposed issuance of an individual Task Order except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract under which the order is issued. If the contractor believes it was not fairly considered for a particular task order, the contractor may present a complaint to the Contracting Officer. The awardee may appeal the explanation or decision of the Contracting Officer to the designated Task Order Ombudsman. The Ombudsman will be a senior agency official who is independent of the Contracting Officer. However, it is not within the designated Ombudsman's authority to prevent the issuance of an order or disturb an existing order.

7. The Contractor will not accept instructions issued by any person employed by the U.S. Government or otherwise, other than the Contracting Officer, or the Authorized Representative of the Contracting Officer acting within the limits of his or her authority.

8. The Contractor’s Program Manager and Senior Project Manager Key Personnel will be responsible for ensuring successful performance during the course of this contract and function as the key liaisons between contract forces and the Contracting Officer and COR. These designations with their express authorities shall be submitted in writing to the KO and COR within 5 calendar days of contract award.

9. Accounting and appropriation data will be established at the time of award for each task order.

10. Payments will be made on the Contractor’s submission of an approved invoice for milestones completed. No partial payment will be made for task orders of less than 30 calendar day’s duration. Each task order will include payment information.

11. Annual Escalation Rates for Hourly Labor Rates as Shown in the Discipline Rate Schedule below (Annual Escalation Rates Table to be included below the Discipline Rate Schedule in the Cost/Price Proposal):

-Year 5

Note: The Annual Escalation Rates identified in the table above will not be in addition to the fully burdened labor rates provided in the Discipline Rate Schedule. The rates identified on the Discipline Rate Schedule must already reflect the above escalation rates.

12. G&A on ODC and Sub-contractor Markup: ODCs and Sub-contractor costs shall be paid at negotiated cost on a task order basis, plus the prime contractor’s pre-established markups identified below (Markup Rates Table to be included below the Annual Escalation Rates in the Cost/Price Proposal):

NOTE: Only the awarded Sub-contractor Markup Rate will be allowed on sub-contractor cost, no additional profit or other markup (i.e. G&A) shall be applied.

13. Department of Labor Wage Rates. For individual Task Orders written against the contract, the appropriate Department of Labor Wage Determination will be provided.

DISCIPLINE RATE SCHEDULE

**Key Personnel for which resumes are required (referece SOW para 4.8 regarding the Senior Civil or Senior Environmental Engineer)

NOTES (applicable to both Tables):

A. Offerors are to submit their hourly labor rates for each of the ordering periods (Base Period, Years 1-3; Option Period, Years 4-5; and Additional 6-months) at the time of Cost/Price Proposal submission. The Offeror (Prime) shall ensure that an hourly rate is identified for every discipline for every Period.

**Base Period, Year 1 hourly labor rates shall have a maximum of two (2) decimal places.

B. The offeror shall complete only one Discipline Rate Table for submission with their Cost/Price Proposal. For each labor discipline, the offeror shall annotate whether the discipline provided is Prime or Subcontractor. Each table shall show one rate per labor discipline, including those provided by sub-contractors. The offeror may not have all personnel on staff. Therefore, if those personnel are sub-contracted, their rates shall be provided in the tables as well. The rates shown per labor discipline shall be fully burdened rates, exclusive of profit.

In column C after each discipline title, identify if the discipline will be provided by the 'Prime' or 'Sub'. Members of a JV will considered 'Prime'. In some instances both the Prime and Sub-contractor/Teaming Partner may have a discipline on staff and individual Task Orders may determine which will provide the personnel; in this circumstance, identify 'Both'.