08-R-0003-0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

See Summary of Changes. All changes are in Red Font and Bold Text, except for changes to Contract Line Items. PROPOSAL DUE DATE IS

NOT EXTENDED.

1. CONTRACT ID CODE PAGE OF PAGES

Y 1 61

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 26-Jan-2009

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912DY-08-R-0003

X 9B. DATED (SEE ITEM 11)

17-Dec-2008

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

26-Jan-2009

CODE

US ARMY ENGINEERING & SUPPORT CENTER

CEHNC-CT

4820 UNIVERSITY SQUARE

HUNTSVILLE AL 35816-1822

W912DY 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912DY-08-R-0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The following have been modified:

EXECUTIVE SUMMARY

A.6 The minimum guaranteed order for each awardee shall be $10,000 for the base period only.

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLINS 1001 through CLIN 1106 have been changed from No Status to Option Periods.

CLIN 0008 is added as follows:

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0008 Lump Sum

Minimum Guarantee Base Year

FFP

The minimum guarantee for the base year period of this IDIQ contract is $10,000 and will be obligated against this contract line item at the time of the basic contract award. Upon issuance of task order awards with an aggregate value exceeding $10,000, the minimum guarantee will be de-obligated from this contract line item. Should the government fail to award task orders with an aggregate value meeting or exceeding the minimum guarantee of $10,000 during this period, the government shall pay the contractor the difference in the aggregate value of the task orders awarded and the minimum guaranteed amount after this period has expired.

FOB: Destination

MAX

NET AMT

CLIN 1007 is added as follows:

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

OPTION Contract Data Requirements Option Year

FFP

NSP - The contractor shall provide all contract data requirements (including Contractor Manpower Report) as required in Section J, Exhibit C for all task orders issued.

FOB: Destination

MAX

NET AMT

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

PWS JAN 09

Performance Work Statement

Utility Monitoring and Control Systems (UMCS) January 2009

4.0 Requirements.

4.1 Each Task Order will identify the nature and scope of the work required. Contractor shall participate in a post-award conference at the site prior to installation work. The work will be associated with UMCS, SCADA, and other similar Control and Monitoring Systems and HVAC systems in accordance with applicable Contract Specifications, Standard Installation Details, site specific requirements, and regulatory requirements. HVAC systems will include, as a minimum, central plant equipment and systems (e.g., chillers, boilers, cooling towers), distribution systems (e.g., duct work, chilled water piping, hot water piping, drain piping), and unitary heating and cooling equipment (e.g., unitary heat pumps, unitary air conditioners). The work will include design of systems (such as defined above) and will be futher clarified in each task order.

4.2 Specific task areas or functions to be performed are listed below. All tasks are to be performed in accordance with the requirements of the specifications, drawings, original manufacturer’s published procedures (if applicable), and Contract Data Requirements List (CDRL), Form DD 1423 (See Section J, Exhibits C, D, E, & F).

4.2.1 Developing equipment installation engineering plans.

4.2.2 Providing hardware and software.

4.2.3 Installing hardware and software.

4.2.4 Developing the database for the system, with the required features stated in the specifications. Use engineering survey data design drawings, manufacturer’s data, and equipment list in conjunction with industry standards to develop the data base to handle not only current points installed, but to handle at least the requirements (such as defined above) for each task order.

4.2.5 Providing graphics for the system using data from drawings, engineering surveys, and manufacturer’s data.

4.2.6 Performing all factory, performance, and endurance testing.

4.2.7 Performing ancillary work required to support equipment installation. Performing engineering survey to develop or verify design drawings and equipment lists. Contractor shall develop a report indicating any differences, and equipment installation compatibility requirements with the new system.

4.2.8 Providing, installing, and/or interfacing data transmission equipment. Contractor shall comply with all requirements of the Directorate of Information Management (DOIM) or its equivalent authority related to installation of new data transmission equipment.

4.2.9 Determining compatibility and interfacing of new equipment with existing equipment. Performing an existing conditions survey to validate the quantities of system equipment and verify existing conditions. Contractor shall provide a written report stating all compatibility requirements.

4.2.10 Providing and installing mechanical equipment.

4.2.11 The contractor shall have a computer aided design and drafting capability and shall deliver electronic media compatible with the latest version of Microstation or the latest version of AutoCAD as defined in individual task orders, to the Government.

4.2.12 Preparing system and component documentation to include engineering drawings, instrumentation installation drawings, wiring diagrams, procedures for field installation of all equipment, and system testing procedures, as defined in Technical Instructions (TI) 811-12 or latest Corps of Engineers technical guidance.

4.2.13 Providing operation and maintenance manuals.

4.2.14 Providing training. Training shall be provided as required by the applicable sections of the specifications listed in Section H, Exhibit F.

4.2.15 Providing all maintenance and service of the system as specified.

4.2.16 Providing as-built installation drawings. All drawings furnished by the Contractor shall be in the latest version of Microstation or the latest version of AutoCAD as determined by individual task order. Final As-Built drawings on “C” size mylar, and copies on CD shall be furnished as required by the Contract Data Requirements List (CDRLs). All drawings shall be delivered within 30 days after written acceptance of the system by the Government.

4.2.17 Providing equipment installation engineering drawings to include drawings related to installation and assembly of the computers, field equipment panels, data transmission equipment, interfaces, instrumentation, and all other equipment.

4.2.18 Performing special engineering services and studies related to UMCS, SCADA and other Control and Monitoring Systems and HVAC systems as defined in individual task order.

4.2.19 Performing engineering surveys or assessments to develop or verify design drawings and equipment lists.

The contractor shall develop a report indicating any differences, and equipment installation compatibility requirements with the new system.

4.2.20 Performing an existing site conditions survey to validate the quantities of system equipment and verify existing site conditions to include a written report stating all compatibility requirements.

4.2.21 Providing software licensing related to UMCS, SCADA and other Control and Monitoring Systems and HVAC systems as further clarified by individual task order.

4.2.22 Warranting Systems

6.0 Information Support and Documentation.

6.1 All required technical information and data shall be delivered in accordance with the requirements, quantities, and schedules set forth in Section J, Exhibit C, Contract Data Requirements List (CDRL), DD Form 1423, or as otherwise specified or required. The requirements for contents and detail of operation and maintenance manuals, testing documentation (including level and detail) shall be as described in applicable Contract Specifications (as identified above) and shall be further clarified in individual task order statements of work.

6.2 Contractor shall be responsible for preparing after-action and other reports to include progress reports, minutes of all meetings, confirmation notice for telephone calls, field inspection reports, calibration reports and installation reports. Copies of all such documents shall be furnished, within 5 working days, to the Government after each specific action.

6.3 All Contractor-generated text shall be submitted in electronic form on CDs in Microsoft Word or Microsoft Excel, as appropriate, in addition to hard copies when requested. Extensive use of Internet e-mail communications will be required. Classification of data shall be in accordance with provisions of the contract.

8.0 Contract Security Classification Specification.

Security requirements (such as personnel clearance requirements) appropriate for each site will be delineated in individual task orders. Contractors not holding or able to obtain Security clearances will be excluded from task order acquisitions with classified requirements under this contract. Some task orders issued may require a security level of SECRET and some may require a higher level than SECRET. For those contractors wanting to participate in classified requirements the following will apply:

The contractor will be required to meet the Industrial Security requirements of the National Industrial Manual (NISPOM) for Safeguarding Classified Information (DoD 5220.22M). The contractor shall have or be capable of obtaining a security clearance through SECRET. Some task orders issued may require a higher level than SECRET.

All key personnel designated for work, must have or be able to obtain a security clearance of SECRET. The contractor shall comply with the security requirements of the attached Department of Defense Contract Security Classification Specification, DD Form 254 (Section J, Exhibit D).

14.0 Manpower Reporting Requirement

14.1 The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report contractor manpower information (including subcontractor manpower information) required for performance of this contract. The contractor shall submit all the information required in the format specified at the following web address:

https://cmra.army.mil/default.aspx

The required information includes:

(1) Contract Number

(2) Delivery Order Number (if applicable)

(3) Task Order Number (if applicable)

(4) Requiring Activity Unit Identification Code (UIC)

(5) Command

(6) Contractor Contact Information

(7) Federal Service Code (FSC)

(8) Direct Labor Hours

(9) Direct Labor Dollars

(10) Location Information (where contractor and subcontractors (if applicable) performed the services

Contractors shall fill in the above fields on the website.

Reporting period will be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 15 October of each calendar year.

If your particular contract crosses fiscal years, 2 entries must be made to capture the data for the contract period; for example if the contract start date is 1 January 2007 and ends 31 December 2007, the data for the period from 1 January 2007 through 30 September 2007 shall be entered not later than 15 October 2007 and the period 1 October 2007 through 31 December 2007 shall be entered not later than 15 January 2008.

14.2 The contractor shall submit cost and pricing data in sufficient enough detail to substantiate any costs proposed for this requirement within the base contract or Task Order.

SEC C, APPENDIX A

APPENDIX A

PERFORMANCE REQUIREMENT SUMMARY

PERFORMANCE

OBJECTIVE

PERFORMANCE STANDARD AND ACCEPTABLE

QUALITY LEVEL MONITORING

METHOD INCENTIVE

1. Prepare and submit

AAPP

IAW EM 385-1-1 and "accepted" by Government prior to survey activities at the site 100% Inspection Note 1

2. Prepare and submit

APP

IAW EM 385-1-1 and "accepted" by Government 115 Days prior to mobilization for on-site work.

100% Inspection

Note 1

3. Prepare and submit Health & Safety Report

Submit monthly NLT 7th of each month (contract level) 100% Inspection

Note 1

4. Contract Reports (manpower, GFP, Subcontract)

IAW PWS and CDRL 100% Inspection

Note 1

OBJECTIVE

PERFORMANCE STANDARD AND ACCEPTABLE

QUALITY LEVEL MONITORING

METHOD INCENTIVE

5. Small Business Subcontract Plan (LB only)

Meet or exceed SB goals SF 294/295

Note 2

6. Develop Equipment Installation Engineering Plans

IAW specifications, drawings, manufacturer’s published procedures and CDRL 100% Inspection

Note 1

7. Provide Hardware and Software

IAW specifications, drawings, manufacturer’s published procedures and CDRL 100% Inspection

Note 1

8. Install hardware and Software

IAW specifications, drawings, manufacturer’s published procedures and CDRL 100% Inspection

Note 1

9. Develop Database IAW specifications, drawings, manufacturer’s published procedures and CDRL 100% Inspection Note 1

10. Provide Graphics IAW specifications, drawings, manufacturer’s published procedures and CDRL 100% Inspection Note 1

11. Perform Testing IAW specifications, drawings, manufacturer’s published procedures and CDRL 100% Inspection Note 1

12. Perform ancillary work

IAW specifications, drawings, manufacturer’s published procedures and CDRL 100% Inspection

Note 1

13. Provide, install, and/or interface data transmission equipment

IAW DOIM or equivalent authority 100% Inspection

Note 1

14. Determine compatibility of new equipment

IAW specifications, drawings, manufacturer’s published procedures and CDRL 100% Inspection

Note 1

15. Provide and install mechanical equipment

IAW specifications, drawings, manufacturer’s published procedures and CDRL 100% Inspection

Note 1

16. Prepare system and component documentation

IAW Technical Instructions 811-12 100% Inspection

Note 1

17. Provide operation and maintenance manuals

IAW specifications, drawings, manufacturer’s published procedures and CDRL 100% Inspection

Note 1

18. Provide Training IAW specifications, drawings, manufacturer’s published procedures and CDRL 100% Inspection

OBJECTIVE

PERFORMANCE STANDARD AND ACCEPTABLE

QUALITY LEVEL MONITORING

METHOD INCENTIVE

19. Prepare and service of system.

IAW specifications, drawings, manufacturer’s published procedures and CDRL 100% Inspection

Note 1

20. Provide as-built drawings

In latest Microstation version and as required by the CDRLs within 30 days after written acceptance of the system.

100% Inspection

Note 1

21. Provide equipment installation engineering drawings

IAW specifications, drawings, manufacturer’s published procedures and CDRL 100% Inspection

Note 1

22. Perform special engineering services

IAW specifications, drawings, manufacturer’s published procedures and CDRL 100% Inspection

Note 1: A contractor not receiving a satisfactory evaluation may be in danger of not have options exercised or receiving an adverse past performance report.

Note 2: Liquidated Damages in accordance with FAR 19.705-7(b) and/or next option period may not be exercised.

SECTION E - INSPECTION AND ACCEPTANCE

The Acceptance/Inspection Schedule for CLINS 0001 through 1107 have been changed from:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

N/A N/A N/A Government

To:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

Destination Government Destination Government

SECTION E TEXT

E.1 QUALITY ASSURANCE (QA)

The Government will perform QA of the Contractor's performance under this contract using the method of surveillance specified in the Quality Assurance Surveillance Plan (QASP). A generic QASP will be provided at time of award. The Government will conduct QA inspections on all phases and types of work performed. The Government reserves the right to perform QA inspections at any time.

SECTION F - DELIVERIES OR PERFORMANCE

The following have been added by reference:

52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $ to be determined at time of task order per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $ to be determined at time of task order for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G TEXT

G.1 CONTRACT ADMINSTRATION OFFICE

The contract administration office for this contract is located at the following address:

Commander US Army Engineering & Support Center, Huntsville

ATTN: CEHNC-CT-C

PO Box 1600 Huntsville, AL 35807-4301

G.2 ADMINISTRATIVE CONTRACTING OFFICER (ACO)

The ACO for this contract is: SUZANNE WEAR

The address for the ACO is as follows:

Commander US Army Engineering & Support Center, Huntsville ATTN: CEHNC-CT-C/ Suzanne Wear PO Box 1600 Huntsville, AL 35807-4301 Phone: 256-895-1162

Overnight addresss: 4820 University Square, Huntsville, AL 35816

G.3 PROGRAM MANAGER

The Program Manager on this contract is: LAURA MABEE

The Program Manager’s address is as follows:

Commander U.S. Army Engineering and Support Center, Huntsville ATTN: CEHNC-ISP-ET/Laura Mabee P.O. Box 1600 Huntsville, Alabama 35807-4301 Phone 256-895-8235

Overnight address: 4820 University Square, Huntsville, AL 35816

G.4 OMBUDSMAN

The Head of Contracting Activity is required to appoint a task delivery order ombudsman per FAR 16.505(b)(4).

For all USACE contracting activities, the ombudsman address is:

Commander, U.S. Army Corps of Engineers Attn: CEPR-WIN 201 Prince Frederick Drive Winchester, VA 22602

Ombudsman may be involved in all aspects of awarding task and delivery order contracts, the authority is limited to issues pertaining to the awarding of tasks and delivery orders under multiple award contracts. Ombudsman may have the authority to: (a) Review complaints from contractors awarded multiple award contracts that have not been afforded a fair opportunity and (b) Require that the contracting officer take corrective action regarding the complaint. If the Contracting Officer doesn't agree with the ombudsman, the matter will be decided by the Principal Authority Responsible for Contracting (PARC).

G.5 IDENTIFICATION OF CORRESPONDENCE

All correspondence and data submitted by the Contractor under this contract shall reference the Contract and Task Order Numbers.

G.6 ELECTRONIC FUNDS TRANSFER (EFT)

All contracts shall utilize the Electronic Funds Transfer method of payment. The following web site will provide information and the authorized form for EFT payments by the paying activity located in Millington, TN.

http://www.hnd.usace.army.mil (link “contract with CEHNC”).

G.7 CONTRACT MILESTONES WITH PAYMENT SCHEDULE

The events set forth below are required to be performed sequentially, and only in the order as listed unless noted in individual task order. No work shall be accepted, nor will it be paid for, unless and until all prior events have been successfully completed. Written official notice from the Contracting Officer to the Contractor advising of the successful completion and approval for payment of an event shall establish the completion date for that event and shall constitute permission for the Contractor to begin the next event in the sequence. In particular, the Contractor shall not begin any installation work at the job site until after Government approval of the completion of Events A and B. This restriction also expressly prohibits the delivery of any equipment to the job site.

Payments: Payment will be made in accordance with Section I clauses. Any prompt payment discount offered shall apply to withheld monies computed from date the amount becomes eligible for payment. For those portions of the contract requirements that are part of Milestone Event C, the Government will make payments monthly as the work proceeds. Payments shall be made against invoices submitted by the contractor and approved by the contracting officer. The Contractor shall provide data in support of his estimates that are acceptable to the Contracting Officer. When the payments against Milestone Event C reaches an amount which is equal to sixty (60) percent of the total awarded contract amount, not including options, no additional payments shall be made. All payments for events after Milestone Event C shall be made only upon the successful completion of those remaining events.

Payment will not be authorized for:

(1) Equipment, installation, or testing effort which is part of any other contract requirement event (i.e., an event other than C).

(2) Any material, equipment, installation, or assembly for which tentative approval has not yet been obtained.

(3) Any material, equipment, assembly, supplies, etc., only delivered to and held in storage at the project site.

(4) Any material, equipment, assembly, supplies, etc., delivered to the Contractor at a location other than the project site.

(5) Software development or revision efforts, testing, or for completed software of any category or classification.

The Contractor and the Government agree that payments to be made for this contract shall be based upon satisfactory completion by the Contractor of the milestones established in the following milestone schedule (unless negotiated differently under an individual task order).

MILESTONE EVENT PAYMENT AT COMPLETION OF EVENT

(% OF CONTRACT PRICE)

A. Government approval of Accident Prevention Plan and Group I Technical Data Package;

Government acceptance of Group II Technical Data Package. 10

B. Government approval of Group III Technical Data Package; Completion of Factory Test. 10

C. All required construction and equipment installation activities;

Acceptance of Contractor's Field Testing report; Government approval of Group IV Technical Data Package; Completion of Performance Verification Test; Completion of Operator's Training I and II 60

D. Completion of Endurance Test; Completion of Operator's Training III; Maintenance Training; and Specialized Maintenance Training. Government approval of Group V Technical Data Package; Delivery and acceptance of all software as specified. 10

E. Completion of Operator Training IV; Government approval of Group VI Technical Data Package 5

F. Completion of Opposite Season Test; Delivery and acceptance of revisions to software and Operation and Maintenance (O&M) manuals following the completion of Opposite Season Testing;

Delivery and acceptance of all other documentation and training required by the contract documents. 5

Total: 100

G. Maintenance and Service Contract: N/A

G.8 ARMY ELECTRONIC INVOICING INSTRUCTIONS (FEB 2006)

Contractor shall submit payment request using the following method(s) as mutually agreed to by the Contractor, the Contracting Officer, the contract administration office, and the payment office.

Wide Area Workflow (WAWF) (see instructions below)

Web Invoicing System (WInS)(https://ecweb.dfas.mil)

American National Standards Institute (ANSI) X.12 electronic data interchange (EDI) formats (http://www.X12.org and http://www.dfas.mil/ecedi)

X Other (please specify) The Contractors are instructed to use the invoicing process below until WAWF has been fully implemented by USACE or instructed otherwise:

PAYMENT AND BILLING OFFICE

All invoices must be submitted to the U.S. Army Engineering and Support Center, Huntsville (CEHNC) for technical review and payment. The preferred method for submitting invoices is email; however, invoices may be submitted by regular mail (Hard Copy or CD). For Task Orders utilizing Resident Management System, all invoices shall be submitted via RMS in accordance with Section C, paragraph 11.0.

The subject line of the email shall have the contract number and the word INVOICE inserted. Other communication should be in the text portion of the email. The contractor’s invoice package shall have a SF- 1034, Public Voucher for Purchase and Services Other Than Personal, cover sheet. The contractor will fill in the following blocks of the SF-1034: Voucher (invoice) Number, Date Voucher Prepared, Contract/Task Order/Modification Numbers, Payee Name and Address, Articles or Service (give brief description the project i.e. Fort XXX and technical data package I), and Total amount of invoice. The contractor shall use its standard format for invoicing with the 1034 as the cover sheet. The SF-1034 can be accessed via internet at <http://forms.psc.gov/forms/SF/sf.html>

Send regular mail submissions to:

U.S. Army Engineering and Support Center, Huntsville ATTN: CEHNC-ME-ET (Katherine Sparks) P.O. Box 1600 Huntsville, AL 35807-4301

Send express mail, UPS, etc., mail submissions to the following:

U.S. Army Engineering and Support Center, Huntsville ATTN: CEHNC-ME-ET (Katherine Sparks) 4820 University Square Huntsville, Al 35816-1822

Email electronic submissions to the following email address:

katherine.d.sparks@usace.army.mil

Electronic Invoice Requirements:

Electronic invoice submissions must be created in black and white and in Adobe’s Portable Document Format (PDF) and comply with the requirements specified at the above website. Invoices larger than 10 megabytes in size will not be accepted through the e-mail process.

Receipt of Invoices:

For purposes of documenting the receipt date of invoices processed by the CEHNC all hard copy invoices will be date stamped with the date they are physically received in CEHNC mailroom.

Invoices received via e-mail or electronically posted to the above website will be considered received the date of posting or by the time and date the e-mail was sent.

All invoices received after 5:00 P.M. Central Standard Time Monday through Friday will be considered received the following business day.

Finance Center POC and Phone: To be provided at task order level

Questions concerning payments should be directed to the USACE Finance Office at:

US ARMY CORPS OF ENGRS FINANCE CTR

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

EMAIL POINTS OF CONTACT LISTING:

INSPECTOR: [See COR/Project Manager Assigned to the Task Order] ACCEPTOR: [See COR/Project Manager Assigned to the Task Order ] RECEIVING OFFICE POC: [katherine.d.sparks@usace.army.mil]

CONTRACT ADMINISTRATOR:

CONTRACTING OFFICER: [Suzanne.Wear@usace.army.mil or other USACE Office KO]

ADDITIONAL CONTACT:

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H TEXT

H.1 ANNUAL REPORTING OF GOVERNMENT PROPERTY

In accordance with DFAR 252.211-7007, the Contractor shall report DoD property in the possession of contractors through use of the DoD IUID Registry. The Contractor shall update the DoD IUID Registry at https://www.bpn.gov/iuid for changes in status, mark, custody, or disposition of items.

H.2 SUBCONTRACTING REPORTS

In accordance with FAR clause 52.219-9, large businesses are required to submit an Individual Subcontracting Report (ISR) via www.esrs.gov NLT than 30 April each year for the period ending 31 March and 30 October each year for the period ending 30 September. The report shall include sufficient evidence that a good faith effort was made to achieve the subcontracting goals. The report will be used to determine the extent of compliance with the approved Subcontracting Plan. Contractor’s failure to make a good faith effort to comply with the requirements of the subcontracting plan is considered a material breach of its contract and is subject to the imposition of liquidated damages. In addition, large businesses are required to submit an annual report to the Contracting Officer NLT 30 October each year that captures the complexity level of tasks assigned to small business sub-contractors per each task order.

H.3 METHOD OF ORDERING – (UNILATERAL AND BILATERAL)

a. Supplies and services to be furnished under this contract shall be ordered by the issuance of both bilateral and unilateral orders using DD Form 1155. Task order types can be firm-fixed price, time-and-materials or a combination of both.

b. The Government shall be under no obligation to issue any particular number or types of orders and no liability to the contractor shall be incurred in the event that a certain number or types of orders are not issued; however, the Government guarantees a minimum ordering obligation of $10,000 for the base order period. (NOTE: This is a minimum ordering obligation, NOT a minimum payment. Contractor shall only be entitled to breach of contract damages, i.e., anticipated profit for an order of this amount and provable standby costs, in the event that the Government does not issue orders for the value of the minimum-ordering guarantee.) The contractor shall furnish to the Government, when and if ordered, the services and/or materials set forth in the Schedule B and shall undertake performance in accordance therewith and within the monetary limitations set forth therein. For the duration of the contract, the contractor shall maintain the capability to perform the orders issued hereunder on a short reaction basis, which is defined as being able to meet in five (5) workday response time, from time of receiving the order until performance commences.

c. Orders under Multiple Award Contracts

(1) The Defense Federal Acquisition Regulation Supplement defines how orders for services are placed against multiple award contracts. Exceptions to the fair opportunity process of FAR 16.505(b)(1) are outlined in FAR 16.505(b)(2) and are listed below. Orders exceeding $100,000 will be awarded in accordance with Section 803 of Public Law 107-107 and DFARS 216.505-70(b), which requires the Contracting Officer to contact all awardees under the multiple award contract that are capable of performing the work and provide them an opportunity to submit a proposal that must be fairly considered for award, unless an exception to DFARS 216.505-70(b) applies.

(2) Fair Opportunity – Over $3,000 but Under $100,000: Procedures will comply with FAR 16.505(b)(b1) for all requirements between $3,000 - $100,000. In determining the procedures for providing awardees a fair opportunity to be considered for each order, the Contracting Officer may exercise broad discretion and will consider past performance and price in the selection factor and may consider elements such as quality of deliverables, cost control, or other factors that the Contracting Officer, in the exercise of sound business judgment, believes are relevant to the placement of orders. The procedures for selecting awardees for the placement of particular orders need not comply with the competition requirements of Federal Acquisition Regulation Part 6, although fair consideration will be given to all awardees prior to the placement of an order, unless an exception applies. Formal solicitations, evaluation plans, or scoring of offers or quotes are not required. The Contracting Officer may employ oral proposal and streamlined procedures when selecting an order awardee. In addition, the Contracting Officer need not contact each of the multiple awardees under the contract for orders under $100,000 before selecting an order awardee if the Contracting Officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each order. Based on fair consideration principles in FAR 16.505, the Contracting Officer may award one or more contractors more work than the other awardees.

(3) Section 803 Competitions – Over $100,000: The competitive process established by Section 803 of Public Law 107-107, FAR 16.505, and DFARS 216.505-70 will be utilized when awarding task orders which are expected to exceed $100,000.00. The Contracting Officer may award one or more contractors more work than the other awardees. Each order for services exceeding $100,000 must be made on a competitive basis, unless the contracting officer waives the requirement on the basis of a written determination that -

a. One of the circumstances described at FAR 16.505(b) (2) (i) through (iv) applies to the order; or

b. A statute expressly authorizes or requires that the purchase be made from a specified source.

(4) No protest under FAR Subpart 33.1 is authorized in connection with the issuance of an order under $10,000,000 under the proposed task order contract, except for a protest that the order increases the scope, period or maximum value of the contract. See Section 843 of the National Defense Authorization Act of Fiscal Year 2008 for protests on task orders valued at $10,000,000 or more.

d. Ordering

(1) UNILATERAL ORDERS. Use of unilateral (time-and-materials) task orders wherein the Contracting Officer will send to the contractor a Performance Work Statement (PWS) and a not-to-exceed dollar amount to be performed at the hourly rates stipulated in the applicable portion of Schedule B (or attachment) of this contract (or as otherwise stipulated in the contract) and any other direct/indirect costs to be associated with the performance of the PWS. The provided dollar amount shall constitute an estimated ceiling price which the contractor may not exceed except at his own risk. If the contractor anticipates that the work effort cannot be completed within the ceiling price, the contractor shall submit to the contracting officer within 30 days of reaching 85% of the ceiling, or as specified in the individual task order, a justification for any anticipated increase in the amount of the ceiling price. The Contracting Officer may either increase or allow the ceiling price to remain in effect. The contractor SHALL NOT transfer labor, material or travel dollars between separate orders without the prior approval of the Contracting

Officer. (For further explanation, reference Section I, FAR clause 52.232-7 “Payments under Time-and-Materials and Labor-Hour Contracts.”)

(2) BILATERAL ORDERS. Prior to issuance of any bilateral task over $100K, the Government will transmit a Request for Proposal (RFP), to all contractors within the appropriate award pool (restricted or unrestricted), unless one of the exceptions of FAR 16.505(b)(2)(i) through (iv) apply. After receipt of the RFP, the contractor shall provide a cost proposal by required date to perform the (PWS) utilizing the labor categories or formulas set forth in this contract. The proposal must include all elements requested in the RFP, such as labor, materials, travel, subcontracting, etc., required for completion of the (PWS), and the technical rationale therefore. Based upon the proposals received, the Government will select the contractor that is determined to be the best value to the Government, price and other factors considered. Other factors to be considered include, but are not limited to:

technical/management approach, past performance on other task orders, and cost control. An agreement on an estimated ceiling price (for T&M) or the fixed amount (for FFP) will be established between the Government and the contractor considered to be the best value to the Government. The Government will provide the contractor an unsigned task order which must be signed and returned to the Contracting Officer within 3 workdays of receipt.

When task order performance is urgent, the Government will mark the RFP as EXPEDITED and transmit the RFP via facsimile or other electronic means. Within 2 working days and not later than the third morning (10:00a.m.) the contractor(s) shall provide an estimate of the cost to perform the (PWS) and the technical rationale therefore.

e. If the contractor determines that the (PWS) is not within the scope of the basic contract, the contractor shall notify the Contracting Officer immediately in writing and shall include the reason for such judgment.

f. No work shall be initiated by the contractor prior to receipt of the signed task order, unless otherwise directed/authorized by the Contracting Officer. It is the intent of the Government to distribute the issuance of task orders over the period of the contract; however, due to the nature of the mission, there is no guarantee of an orderly flow of work. Task orders may be issued under this contract from date of award throughout contract period of performance.

g. All task orders issued hereunder are subject to the terms and conditions of the basic contract. The basic contract shall control in the event of conflict with any task order.

h. The work to be performed shall be in accordance with the written (PWS) attached to each task order and made a part thereof.

H.4 WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) – SERVICES (OCT 2008)

(a) This Special Contract Requirement supplements FAR Clause 52.228-3 Workers’ Compensation Insurance (Defense Base Act).

(b) The contractor agrees to procure Defense Base Act (DBA) insurance pursuant to the terms of the contract between the U.S. Army Corps of Engineers (USACE) and CNA Insurance unless the contractor has a DBA self-insurance program approved by the Department of Labor. Proof of this self-insurance shall be provided to the Contracting Officer. The contractor shall submit proof of a valid DBA Insurance policy with CNA Insurance for the Prime and their Subcontractor’s at every tier prior to performance of the contract. The current rate under the USACE and JCC-I/A contract is $4.00 per $100 of compensation for services.

(c) The contractor agrees to insert a Special Contract Requirement substantially the same as this one in all subcontracts (at every tier) to which DBA is applicable.

(d) Should the rates for DBA insurance coverage increase or decrease during the performance of this contract, USACE shall modify the contract accordingly. However, the revised rates will not be applicable until the Contractor’s or Subcontractor’s DBA Insurance policy is due to be renewed.

(e) Premiums will be reimbursed only if coverage is purchased through the USACE mandatory requirements DBA contract administered by CNA Insurance and their Managing Broker, Rutherford International.

(f) Failure to comply and purchase Defense Base Act (DBA) Insurance in accordance with FAR Clauses 52.228-3 Workers’ Compensation Insurance (Defense Base Act), from the U.S. Army Corps of Engineers mandatory Insurance Carrier/Broker (CNA Insurance/Rutherford International) for the Prime and all of the Subcontractors at every tier, shall be considered a material breech and could cause your contract to be terminated for default/cause.

H. 5 WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) –CONSTRUCTION (OCT 2008)

(a) This Special Contract Requirement supplements FAR Clause 52.228-3 Workers’ Compensation Insurance (Defense Base Act).

(b) The contractor agrees to procure Defense Base Act (DBA) insurance pursuant to the terms of the contract between the U.S. Army Corps of Engineers (USACE) and CNA Insurance unless the contractor has a DBA self-insurance program approved by the Department of Labor. Proof of this self-insurance shall be provided to the Contracting Officer. The contractor shall submit proof of a valid DBA Insurance policy with CNA Insurance for the Prime and their Subcontractor’s at every tier prior to performance of the contract. The current rate under the USACE and JCC-I/A contract is $7.50 per $100 of compensation for construction.

(c) The contractor agrees to insert a Special Contract Requirement substantially the same as this one in all subcontracts (at every tier) to which DBA is applicable.

(d) Should the rates for DBA insurance coverage increase or decrease during the performance of this contract, USACE shall modify the contract accordingly. However, the revised rates will not be applicable until the Contractor’s or Subcontractor’s DBA Insurance policy is due to be renewed.

(e) Premiums will be reimbursed only if coverage is purchased through the USACE mandatory requirements DBA contract administered by CNA Insurance and their Managing Broker, Rutherford International.

(f) Failure to comply and purchase Defense Base Act (DBA) Insurance in accordance with FAR Clauses 52.228-3 Workers’ Compensation Insurance (Defense Base Act), from the U.S. Army Corps of Engineers mandatory Insurance Carrier/Broker (CNA Insurance/Rutherford International) for the Prime and all of the Subcontractors at every tier, shall be considered a material breach and could cause the contract to be terminated for default/cause.

H.6 DEFENSE BASE ACT INSURANCE RATES – LIMITATION – COST-REIMBURSEMENT, LABOR-

HOUR, AND TIME-AND-MATERIALS (OCT 2008)

(a) The U. S. Army Corps of Engineers (USACE) has entered into a contract with CNA Insurance to provide all Defense Base Act (DBA) insurance to USACE and JCC-I/A contractors and subcontractors at a contracted fixed rate. Compute total compensation or total payroll, (salary, plus overseas recruitment incentive and post differential, but excludes per diem, housing allowance, travel expenses, temporary quarters allowance, education allowance and other miscellaneous post allowances) to be paid to employees who will be covered by DBA insurance. In preparing the cost proposal, the offeror shall use the following fixed rates in computing the cost for DBA insurance:

Service $4.00 per $100 of employee remuneration

(b) These rates apply to all job classifications in those particular categories.

(c) Should an offeror compute or include higher DBA insurance rates, the rate shall be disallowed.

(d) Offerors shall include in their proposals a statement as to whether or not local nationals or third country nationals will be employed on the resultant contract.

(e) CNA Insurance is utilizing Rutherfoord International as their managing Broker. The primary POC is the USACE DBA Program Administrator is Ramoan Jones, (703) 813-6571 ramoan.jones@rutherfoord.com. The alternate POC is Sara Payne, Senior Vice President, (703) 813-6503 sara.payne@rutherfoord.com.

H.7 NEW TECHNOLOGY AND UPGRADED MODELS

a. The Contractor may offer, for the Government’s consideration, items of hardware, firmware, or software, including support thereof, where such items represent advancements in the state-of-the-art or performance enhancement. If the Government determines it to be to its advantage, those items may be incorporated under this contract by modification.

b. If the Contractor, in its product line, upgrades an item that is available as a line item hereunder or substitutes a new item with enhanced performance features for an item that is available as a line item under this contract, such improved items may be included in this contract in place of the existing items at not greater than the existing prices established in Section B.

c. The Contractor shall notify the Contracting Officer of any such changes in its product line that affect this contract promptly after the company institutes the change.

d. In the case of software products, the Government will pay no additional license fees to the substitute products.

H.8 GENERAL INSURANCE REQUIREMENTS.

The Contractor shall maintain the following minimum insurance coverage throughout the performance period of this contract. The successful offeror(s) must present evidence of insurance coverage as described below to the Contracting Officer prior to award.

a. Workers’ compensation and employer’s liability. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a Contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

b. Commercial General Liability. The Contractor shall maintain throughout the contract performance period bodily injury and property damage liability insurance written on the Commercial General Liability (CGL) Form of at least $1,500,000 per occurrence. The policy shall provide for contractual liability and name USACE as an additional insured with a waiver of subrogation. The policy shall not have any exclusions relating to claims arising from asbestos exposure.

c. Automobile liability. The Contractor shall maintain throughout the contract performance period automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

d. Errors & Omissions Liability. $1,500,000 per claim and in the aggregate. This policy shall not exclude claims due to pollution.

e. Corporate Policies. The Contractor may use corporate policies to cover Workman's Compensation, Automobile, General Liability, and Errors & Omissions Liability insurance requirements specified in this Section H.

If a contractor uses a corporate policy for this work, the aggregate limits that apply to the General Liability, Automobile Liability and Errors and Omissions Insurance should be $5,000,000.

f. Common Coverage Elements to the General Liability, Automobile Liability Policies. Each policy shall provide for a separation of the insureds for defense of claims. With the exception of non-payment of premium, the actions of the named insured will not affect the coverage provided to the Government under these policies

H.9 TASK ORDER PROPOSAL COST ESTIMATES

a. Any proposal submitted to the Contracting Officer shall include a price breakdown, itemized as required by the Contracting Officer and furnished by the date specified by the Contracting Officer. Detailed cost estimates are required in all proposals. Cost estimates shall clearly separate the prime contractor’s costs from subcontractor’s costs.

b. Task Order Proposals shall be in an excel format with formulas intact as detailed by Section J, Exhibit A. Costs shall be classified into the following six basic categories: (1) labor, (2) other labor, (3) equipment, (4) material and supplies, (5) subcontracts, and (6) travel.

c. Labor Rates: Labor rates in Section J, Exhibit B shall escalate annually within an ordering period…