W912DY-12-R-0052_BOA_Conformed_thru_Mod_01_for_reference.doc

Section A - Solicitation/Contract Form

EXECUTIVE SUMMARY

SUBMISSION OF BOA PROPOSAL IS DUE NOVEMBER 29, 2012 by 3:00 PM CENTRAL TIME

Due to heightened security at Government installations, those offerors who have their proposals hand-delivered shall contact Mark Dillinger, Contract Specialist, at 256-895-1715 prior to delivering to the address shown below. A Government representative will be in the mail room, located on the north side of the building, to accept proposals. All proposals must be received prior to the official RFP due date and time. See FAR 52.215-1 for rules concerning late proposals.

As stated: Proposals will be received until 3:00 pm Central Time on 29 November 2012 at:

U.S. Army Corps of Engineers, U.S. Army Engineering & Support Center, Huntsville

ATTN: Mark Dillinger

U.S. Army Engineering & Support Ctr, CEHNC-CT, 4820 University Square, Huntsville, AL 35807-4301

A.1 Objective. The primary objective of this Basic Ordering Agreement (BOA) is to provide performance-based maintenance, inspections, repairs, emergency response actions, and construction services for federally funded petroleum facilities and military installations under the Defense Logistics Agency (DLA) Energy, Department of Defense (DOD) Activities, and other Federal Activities. The contractors will be responsible for properly maintaining and repairing federally funded petroleum systems and other facilities located at the Garrisons and military installations in order to provide compliance with code, criteria, and regulations. Petroleum system means an underground or aboveground storage tank, connected piping, ancillary equipment and appurtenances, and containment system, if any. The contractors shall provide all labor, supervision, transportation, supplies, vehicles, tools, materials, facilities, equipment, and incidentals necessary to conduct inspections, preventive maintenance, minor repair, and minor construction on the petroleum systems. Contractors shall be required to maintain petroleum systems, equipment, and accessories to operate reliably and satisfactorily. Maintenance tasks will be funded by DLA-E in accordance with the DOD Manual 4140.25-M, Chapter 8. Preventive maintenance tasks are defined as recurrent, periodic or scheduled work to preserve a facility by preventing its deterioration. Minor and Emergency Repair services will also be required under this arrangement and defined as the restoration of a real property to such a condition that it may effectively be utilized for its designated purpose by overhaul, reprocessing or replacement of constituent parts or materials that have deteriorated by action or elements or usage and that have not been corrected through maintenance. Periodic testing of systems/components, generally on a quarterly basis, is included within the DLA-E definitions of maintenance and repair. Other repair may be ordered by the installations for non-petroleum systems such as for separators, piping, tanks, sewers, storm drains, or requirements to meet compliance with applicable laws and regulations.

A.2 Procurement Methodology. It is the intention of the U.S. Army Engineering and Support Center, Huntsville (CEHNC) to award a Basic Ordering Agreement (BOA) to all qualified offerors. CEHNC does not have a target number of agreements for this BOA. All CLINS under this BOA are Firm Fixed Price (FFP).

A3. BOA. To ensure optimal competition, annual review of the BOAs will be completed IAW FAR Subpart 16.703, which will offer an “on-ramp” opportunity for new qualifying firms, and the government will synopsize projected requirements annually. In addition, the government will synopsize each order requirement on the FedBizOpps (www.fbo.gov), which will ensure contractors have notice and sufficient lead time to propose.

A.4 Ordering. BOAs will be for a one-year base period and four-one year option periods that is reviewed annually for a possible total of five years. BOA are not contracts, but written terms and agreements to do business. Orders placed on the BOA will be stand alone binding contracts.

A.5 Wage Determinations. Approximately ninety percent (90%) of the individual orders to be issued under this BOA are for services as defined by FAR 37.101 and are subject to the Service Contract Act (See FAR 52.222-41). In the event that individual service orders contain more than incidental, segregable construction effort, the Davis-Bacon Act (See FAR 52.222-6) will apply to the construction portion in accordance with FAR 22.402. Approximately ten percent (10%) of the individual orders to be issued under this BOA are for construction as defined by FAR 36 and are subject to the Davis-Bacon Act (See FAR 52.222-6). Individual orders will be identified as either “service” (subject to Service Contract Act) or “construction” (subject to Davis-Bacon provisions) or “both” as applicable. Wage Decisions/Determinations for the geographic area where the awarded work is to be performed will be incorporated by reference in individual order. A copy of the decision/determination is available at www.wdol.gov. The labor rates in effect at the time a order is awarded will remain in effect through completion of the project, unless modified due to an increase in the Department of Labor wage rates.

NOTE: DO NOT BID ON THE CLIN SCHEDULE. CLINS WILL BE BID ON AT THE ORDER LEVEL.

Section B - Supplies or Services and Prices

Quarterly Recurring Maintenance

FFP

The Contractor shall perform all work in accordance to the attached Performance Work Statement (PWS) dated October 3, 2012.

FOB: Destination

NET AMT

Semi-Annual Recurring Maintenance

The Contractor shall perform all work in accordance to the attached Performance Work Statement (PWS) dated October 3, 2012.

NET AMT

Annual Recurring Maintenance

The Contractor shall perform all work in accordance to the attached Performance Work Statement (PWS) dated October 3, 2012.

NET AMT

Minor/Emergency Repair

The Contractor shall provide all labor, supervision, supplies, tools, facilities, equipment, etc for Minor/Emergency repair, including construction material as defined in the attached Performance Work Statement (PWS) dated October 3, 2012.

NET AMT

Contract Data Requirements Lists (CDRLs)

The Contractor shall prepare and deliver data in accordance with the requirements, quantities and schedules set forth in the Performance Work Statement, Contract Data Requirements List (DD Form 1432), Exhibit A and the Data Item Descriptions (DD Form 1664), Exhibit B, for all orders issued against this BOA.

NET AMT

Contractor Manpower Reporting (CMR)

The UIC for the Army requiring activity (location of contractor performance) must be added to this CLIN at time of order award. See Section 5.6 of the PWS for CMR requirements.

NET AMT

Defense Base Act Insurance

This CLIN shall be utilized in conjunction with work performed OCONUS, should a requirement arise. The U.S. Army Corps of Engineers (USACE) has entered into a contract with CNA/Continental Insurance Company to provide all Defense Base Act (DBA) insurance to USACE BOAs at a contracted rate. The amount listed by the offeror on this CLIN is the estimated DBA insurance premium (estimated payroll of the offeror and its subcontractors times the applicable rate(s)). The DBA insurance premium amount varies with payroll and the nature of services and will, therefore, be taken into account during price evaluation of offers. The actual amount paid by the government under this CLIN will be based on the “paid” amount submitted by the offeror after BOA award. In the event of recalculation of the premium by CNA based on actual payroll amounts, the contracting officer will adjust this CLIN by BOA modification to reflect the actual premium amounts paid. The estimated DBA insurance premium will be defined on a case by case basis at the order level.

NET AMT

FFP

The Contractor shall perform all work in accordance to the attached Performance Work Statement (PWS) dated October 3, 2012.

NET AMT

FFP

The Contractor shall perform all work in accordance to the attached Performance Work Statement (PWS) dated October 3, 2012.

NET AMT

FFP

The Contractor shall perform all work in accordance to the attached Performance Work Statement (PWS) dated October 3, 2012.

NET AMT

FFP

The Contractor shall provide all labor, supervision, supplies, tools, facilities, equipment, etc for Minor/Emergency repair, including construction material as defined in the attached Performance Work Statement (PWS) dated October 3, 2012.

NET AMT

FFP

The Contractor shall prepare and deliver data in accordance with the requirements, quantities and schedules set forth in the Performance Work Statement, Contract Data Requirements List (DD Form 1432), Exhibit A and the Data Item Descriptions (DD Form 1664), Exhibit B, for all orders issued against this BOA.

NET AMT

FFP

The UIC for the Army requiring activity (location of contractor performance) must be added to this CLIN at time of order award. See Section 5.6 of the PWS for CMR requirements.

NET AMT

FFP

This CLIN shall be utilized in conjunction with work performed OCONUS, should a requirement arise. The U.S. Army Corps of Engineers (USACE) has entered into a contract with CNA/Continental Insurance Company to provide all Defense Base Act (DBA) insurance to USACE BOAs at a contracted rate. The amount listed by the offeror on this CLIN is the estimated DBA insurance premium (estimated payroll of the offeror and its subcontractors times the applicable rate(s)). The DBA insurance premium amount varies with payroll and the nature of services and will, therefore, be taken into account during price evaluation of offers. The actual amount paid by the government under this CLIN will be based on the “paid” amount submitted by the offeror after BOA award. In the event of recalculation of the premium by CNA based on actual payroll amounts, the contracting officer will adjust this CLIN by BOA modification to reflect the actual premium amounts paid. The estimated DBA insurance premium will be defined on a case by case basis at the order level.

NET AMT

FFP

The Contractor shall perform all work in accordance to the attached Performance Work Statement (PWS) dated October 3, 2012.

NET AMT

FFP

The Contractor shall perform all work in accordance to the attached Performance Work Statement (PWS) dated October 3, 2012.

NET AMT

FFP

The Contractor shall perform all work in accordance to the attached Performance Work Statement (PWS) dated October 3, 2012.

NET AMT

FFP

The Contractor shall provide all labor, supervision, supplies, tools, facilities, equipment, etc for Minor/Emergency repair, including construction material as defined in the attached Performance Work Statement (PWS) dated October 3, 2012.

NET AMT

FFP

The Contractor shall prepare and deliver data in accordance with the requirements, quantities and schedules set forth in the Performance Work Statement, Contract Data Requirements List (DD Form 1432), Exhibit A and the Data Item Descriptions (DD Form 1664), Exhibit B, for all orders issued against this BOA.

NET AMT

FFP

The UIC for the Army requiring activity (location of contractor performance) must be added to this CLIN at time of order award. See Section 5.6 of the PWS for CMR requirements.

NET AMT

FFP

This CLIN shall be utilized in conjunction with work performed OCONUS, should a requirement arise. The U.S. Army Corps of Engineers (USACE) has entered into a contract with CNA/Continental Insurance Company to provide all Defense Base Act (DBA) insurance to USACE BOAs at a contracted rate. The amount listed by the offeror on this CLIN is the estimated DBA insurance premium (estimated payroll of the offeror and its subcontractors times the applicable rate(s)). The DBA insurance premium amount varies with payroll and the nature of services and will, therefore, be taken into account during price evaluation of offers. The actual amount paid by the government under this CLIN will be based on the “paid” amount submitted by the offeror after BOA award. In the event of recalculation of the premium by CNA based on actual payroll amounts, the contracting officer will adjust this CLIN by BOA modification to reflect the actual premium amounts paid. The estimated DBA insurance premium will be defined on a case by case basis at the order level.

NET AMT

FFP

The Contractor shall perform all work in accordance to the attached Performance Work Statement (PWS) dated October 3, 2012.

NET AMT

FFP

The Contractor shall perform all work in accordance to the attached Performance Work Statement (PWS) dated October 3, 2012.

NET AMT

FFP

The Contractor shall perform all work in accordance to the attached Performance Work Statement (PWS) dated October 3, 2012.

NET AMT

FFP

The Contractor shall provide all labor, supervision, supplies, tools, facilities, equipment, etc for Minor/Emergency repair, including construction material as defined in the attached Performance Work Statement (PWS) dated October 3, 2012.

NET AMT

FFP

The Contractor shall prepare and deliver data in accordance with the requirements, quantities and schedules set forth in the Performance Work Statement, Contract Data Requirements List (DD Form 1432), Exhibit A and the Data Item Descriptions (DD Form 1664), Exhibit B, for all orders issued against this BOA.

NET AMT

FFP

The UIC for the Army requiring activity (location of contractor performance) must be added to this CLIN at time of order award. See Section 5.6 of the PWS for CMR requirements.

NET AMT

FFP

This CLIN shall be utilized in conjunction with work performed OCONUS, should a requirement arise. The U.S. Army Corps of Engineers (USACE) has entered into a contract with CNA/Continental Insurance Company to provide all Defense Base Act (DBA) insurance to USACE BOAs at a contracted rate. The amount listed by the offeror on this CLIN is the estimated DBA insurance premium (estimated payroll of the offeror and its subcontractors times the applicable rate(s)). The DBA insurance premium amount varies with payroll and the nature of services and will, therefore, be taken into account during price evaluation of offers. The actual amount paid by the government under this CLIN will be based on the “paid” amount submitted by the offeror after BOA award. In the event of recalculation of the premium by CNA based on actual payroll amounts, the contracting officer will adjust this CLIN by BOA modification to reflect the actual premium amounts paid. The estimated DBA insurance premium will be defined on a case by case basis at the order level.

NET AMT

FFP

The Contractor shall perform all work in accordance to the attached Performance Work Statement (PWS) dated October 3, 2012.

NET AMT

FFP

The Contractor shall perform all work in accordance to the attached Performance Work Statement (PWS) dated October 3, 2012.

NET AMT

FFP

The Contractor shall perform all work in accordance to the attached Performance Work Statement (PWS) dated October 3, 2012.

NET AMT

FFP

The Contractor shall provide all labor, supervision, supplies, tools, facilities, equipment, etc for Minor/Emergency repair, including construction material as defined in the attached Performance Work Statement (PWS) dated October 3, 2012.

NET AMT

FFP

The Contractor shall prepare and deliver data in accordance with the requirements, quantities and schedules set forth in the Performance Work Statement, Contract Data Requirements List (DD Form 1432), Exhibit A and the Data Item Descriptions (DD Form 1664), Exhibit B, for all orders issued against this BOA.

NET AMT

FFP

The UIC for the Army requiring activity (location of contractor performance) must be added to this CLIN at time of order award. See Section 5.6 of the PWS for CMR requirements.

NET AMT

FFP

This CLIN shall be utilized in conjunction with work performed OCONUS, should a requirement arise. The U.S. Army Corps of Engineers (USACE) has entered into a contract with CNA/Continental Insurance Company to provide all Defense Base Act (DBA) insurance to USACE BOAs at a contracted rate. The amount listed by the offeror on this CLIN is the estimated DBA insurance premium (estimated payroll of the offeror and its subcontractors times the applicable rate(s)). The DBA insurance premium amount varies with payroll and the nature of services and will, therefore, be taken into account during price evaluation of offers. The actual amount paid by the government under this CLIN will be based on the “paid” amount submitted by the offeror after BOA award. In the event of recalculation of the premium by CNA based on actual payroll amounts, the contracting officer will adjust this CLIN by BOA modification to reflect the actual premium amounts paid. The estimated DBA insurance premium will be defined on a case by case basis at the order level.

NET AMT

Section D - Packaging and Marking

D.1 REVIEW OF DELIVERABLES

The deliverables and drafts of deliverables will be reviewed by the Government for content and adequacy. Written comments will be provided to the Contractor by the Contracting Officer or his authorized representative using the Quality Control System as described in Section C of the Performance Statement of Work. Contractor will annotate the comment sheet to indicate action taken or to be taken and return annotated comment sheets to the Contracting Officer.

D.2 STATEMENT OF SUBMITTAL

a. Submittals are required deliverables mutually agreed upon for each order. These submittals have established delivery schedules as specified in the order’s statement of work performance milestones. Failure to comply with these delivery schedules makes the contractor delinquent in performance and potentially liable to the Government some form of consideration. Such tardiness will be annotated in the contractor’s past performance evaluation.

b. The contractor shall comply with documentation that will be prescribed at the order level) as to the requiring activities and the number of copies of the submittal to be provided. The Corps of Engineers Huntsville Center will receive the official submittal item with ENG-4025, Transmittal of Shop Drawings, Equipment, Data, Material Samples or Manufacture’s Certificate Compliance, signed off by the customer electronically (email of acceptance of 4025 by appropriate customer representative). The ENG-4025 can be accessed via Internet at http://www.usace.army.mil/inet/usace-docs/forms.

c. The contractor will insert the Huntsville Center Program Manager’s name and phone in the Remarks block of the 4025. This will be sent to the attention of:

U.S. Army Engineering and Support Center, Huntsville

CEHNC-EDS-O/Levi Gabre

PO Box 1600

Huntsville, AL 35807-4301

Overnight:

4820 University Square

Huntsville, AL 35816-1822

d. The contractor shall provide Huntsville Center with one sample facsimile cover sheet properly filled in for return of the annotated 4025. The contractor shall provide one sample mailing label for return of marked-up submittals.

e. It is acceptable for the contractor to simultaneously submit a duplicate submittal to the Huntsville Center Administrative Contracting Officer at the Program Manager’s option.

Section E - Inspection and Acceptance

QUALITY ASSURANCE

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 of an order. 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 G - Contract Administration Data

CONTRACT ADMINISTRATION

BOA ADMINISTRATION

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

Commander

US Army Engineering & Support Center, Huntsville

ATTN: CEHNC-CT-C

PO Box 1600

Huntsville, AL 35807-4301

Overnight address: 4820 University Square, Huntsville, AL 35816

PROGRAM MANAGER

The Program Manager on this BOA is: Levi Gabre

The Program Manager’s address is as follows:

Commander

U.S. Army Engineering and Support Center, Huntsville

ATTN: CEHNC-EDS-O/Levi Gabre

P.O. Box 1600

Huntsville, Alabama 35807-4301

Phone 256-895-1178

Overnight address: 4820 University Square, Huntsville, AL 35816

IDENTIFICATION OF CORRESPONDENCE

All correspondence and data submitted by the Contractor under this BOA shall reference the BOA and Order Numbers.

ELECTRONIC FUNDS TRANSFER (EFT)

All BOAs 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 “BOA with CEHNC”).

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 concurrent to Cognizant DCAA office. Invoices may be submitted via regular mail (Hard Copy or CD), or web-posting.

Send regular mail submissions to:

U.S. Army Engineering and Support Center, Huntsville

ATTN: CEHNC-EDS-O (Levi Gabre)

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-EDS-O (Levi Gabre)

4820 University Square

Huntsville, Al 35816-1822

Email electronic submissions to the following email address:

CEHNC-ED-SY-O@usace.army.mil Post electronic submissions to the following website:

http://www.hnd.usace.army.mil/Invoices 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 order level Section H - Special Contract Requirements

SPEICAL CONTRACT REQUIREMENTS

SPEICAL BOA REQUIREMENTS

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 No later than TBD 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 BOA 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 order.

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

Supplies and services to be furnished under this BOA shall be ordered by the issuance of both bilateral and unilateral orders. Orders will be firm-fixed price and cost reimbursable

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 BOA 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 BOA. The current rate under the USACE and JCC-I/A BOA 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 BOA, USACE shall modify the BOA 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 BOA administered by CNA Insurance and their Managing Broker, Rutherfoord 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/Rutherfoord International) for the Prime and all of the Subcontractors at every tier, shall be considered a material breach and could cause your BOA to be terminated for default/cause.

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

(a) This Special BOA 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 BOA. 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 BOA, USACE shall modify the BOA 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, Rutherfoord 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/Rutherfoord International) for the Prime and all of the Subcontractors at every tier, shall be considered a material breach and could cause the BOA 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) Offeror’s shall include in their proposals a statement as to whether or not local nationals or third country nationals will be employed on the resultant BOA.

(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 GENERAL INSURANCE REQUIREMENTS.

The Contractor shall maintain the following minimum insurance coverage throughout the performance period of this BOA. 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 BOA 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 BOA 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 BOA 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 BOA. 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 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 insured’s 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.8 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. Order Proposals shall be in an excel format with formulas intact. 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: Will be negotiated at the order level.

d. Labor Costs: Prime and other labor (subcontractor/consultants/etc.) costs shall be based on the labor rates as negotiated and/or the appropriate wage determination. Contractor may propose lower rates per individual order; however, rates shall not exceed the maximum rate included in the basic BOA. Contractor’s proposal shall provide in a separate tab a breakdown of each labor category and the number of man-hours proposed. The rates negotiated by order shall remain in effect throughout the life of the order.

f. Equipment/Subcontracting. Equipment costs shall be based on an actual use time and standby time. The contractor shall show the estimated times and rate structure for each equipment type. The pricing method used for any inter-organizational transfers of equipment shall be fully explained. At least three (3) subcontractor quotes on company letterhead shall be included in proposals utilizing subcontractors. In the event it is not possible to provide 3 quotes, a justification shall be submitted to include any correspondence (i.e. ‘no interest’) from the subcontractor.

g. Materials & Supplies/Subcontracting. Materials and supply costs shall be included in the quantity and pricing. The basis of pricing and allocating costs shall be provided. At least three (3) subcontractor quotes on company letterhead shall be included in proposals utilizing subcontractors. In the event it is not possible to provide 3 quotes, a justification shall be submitted to include any correspondence (i.e., ‘no interest’) from the subcontractor. Consolidated material purchases with actual material and supplies used in subsequent (replenishing stocked inventory) or future task elements shall be allocated appropriately.

h. Subcontracting. For order proposals utilizing subcontractors, the subcontract format shall also be in Microsoft Excel for the breakout of pricing and quantities. The prime contractor shall also include the scope of the project with the subcontractor’s proposal. The only markup for Equipment/Material/Supplies subcontracting cost which exceeds a line item cost of $100,000 shall be the negotiated handling charge.

i. Travel. All travel and related expenses associated with the execution of work shall be reimbursed in accordance with the rules and rates of the Joint Travel Regulations current at the time of the order award. No markups are allowed on travel cost, except for G&A.

H.9 LICENSE AGREEMENT TO PERMIT DISCLOSURE OF PROPRIETARY DATA

(The terms and conditions of the clause in the Department of Defense (DoD) FAR 252.227-7013 (c)(1)(I), “Rights in Technical Data and Computer Software”, in effect on the date of this BOA are applicable to this BOA as well as the rights set forth in the following agreement.)

a.

Agreement. The contractor grants to the Government a license covering all or part of the Contractor’s technical data and computer software delivered under this BOA on the following terms and conditions:

(i) The Government has the right to disclose all or part of the Contractor’s technical data and computer software delivered under this BOA to other organizations designated by the Contracting Officer solely for the purpose of performance under the Government BOA for modification, expansion, or operation, including maintenance and service at the location specified in each order.

(ii) The technical data and computer software covered by the license include computer software implemented in hardware form, i.e., so called firmware, as well as conventional computer software.

(iii) The technical data and computer software covered by the license include technical data and computer software first produced under this BOA as well as the technical data and computer software developed at the Contractor’s private expense. However, technical data and computer software furnished with unlimited rights are not subject to this license.

b.

The license shall become effective upon receipt by the Contractor of the Government’s final payment.

c.

Nothing contained in this agreement shall constitute, nor shall the Contractor be required to include in any license granted, any commitment which may be construed as a warranty or representation as to the scope of validity of any Contractor patent or that anything made or sold by the Government or license will be free from infringement of patents held by third parties.

d.

The provisions of this agreement shall be incorporated in all subcontracts, including purchase orders associated with this BOA unless the subcontract or purchase order is for a supply/service which the subcontractor or vendor sells or leases to public or industry in the general course of business without any restrictions on use attached thereto.

e.

The term “organization” for the purpose of this agreement, is defined as any Government, non-profit or business entity, including but not limited to corporations, partnerships, individuals, State and local Governments and educational and nonprofit institutions.

f.

In the case of technical data and computer software utilized in the monitoring and/or leased facilities, use of technical data and computer software under license shall be geographically restricted to use at subject installation site.

H.10 EMPLOYMENT ELIGIBILITY VERIFICATION

The Contractor shall comply, for the period of this BOA, with the requirements of the Employment Verify Program as required by FAR 52.222-54. Information on registration for and use of the Employment Verify Program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.

H.11 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION

(Applies only to those orders or service orders identified as “construction” or as being subject to the “Davis-Bacon Act.”)

(a) Definitions. As used in this solicitation and resultant BOA—

(Unless otherwise instructed by the Contracting Officer) Original BOA price means the award price of the individual order(s) or service order.

(b) Amount of required bonds. If the resulting BOA/order/service order price is $100,000 or more, the successful offeror shall furnish performance and payment bonds (on an individual order or service order basis) to the Contracting Officer as follows: (the Contracting Officer reserves the right to require bonds for orders less than $100,000 in accordance with Alternative Payment Protection Procedures)

(1) Performance Bond (Standard Form 25). The penal amount of performance bonds at the time of BOA award shall be 100 percent of the original BOA price.

(2) Payment Bond (Standard Form 25-A). The penal amount of payment bonds at the time of BOA award shall be 100 percent of the original BOA price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the BOA price is increased. The increase in protection generally will equal 100 percent of the increase in BOA price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within 10 days of award of a construction effort, or otherwise specified by the Contracting Officer, but in any event, before commencing construction performance.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier’s check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of Treasury, Financial Management Service, Surety Bond Branch, 401 14th Street, NW, 2nd Floor, West Wing, Washington, DC 20227.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 270bI). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the BOA.

NOTE: FOR ORDERS CONTAINING CONSTRUCTION WORK EXCEEDING $30,000.00 BUT NOT EXCEEDING $150,000.00, REFERENCE FAR 52.228-13.

(End of clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE