Finalized_Solicitation_15Sep2014.doc

Section B - Supplies or Services and Prices

Testing and Drilling

FFP

Testing and Drilling Services; Contractor to provide all personnel, labor, materials, and services to perform drilling and testing in accordance with attached scope of work and specifications. The period of performance is five years with maximum ordering amount of $5,000,000.00. Guaranteed amount is $10,000.

FOB: Destination

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

Contract Description

The US Army Corps of Engineers, Buffalo District (USACE) anticipates awarding a Multiple

Award Task Order Contract (MATOC) as a Small Business Set-aside for geotechnical and environmental drilling and laboratory testing services. The Contract ordering period will be five years from the date of award. Up to four Contractors will be awarded a contract. The total ordering amount over the 5-year period shall not exceed $5,000,000.00. The guaranteed minimum ordering amount over the 5-year period for each contract is anticipated to be

$10,000.00. To be considered for initial award, the Contractor shall submit not-to-exceed unit prices for the work items listed as items F1 through F11, and L1 through L11, in this document.

After initial MATOC award, each individual task order shall be competed between the MATOC

Contractors. A project-specific request for proposal (RFP) will be delivered to all MATOC

Contractors for each individual task order. MATOC Contractors may reduce unit-prices below the initially submitted not-to-exceed amounts when bidding on an individual task order.

MATOC Contractor compensation for completing an individual task order will be determined using actual bid schedule work item quantities accrued and associated unit-prices for the task order. Individual task order RFPs may include geotechnical and/or environmental drilling and laboratory testing services not described herein. MATOC Contractors shall propose unit-prices for such services when bidding on individual task orders.

Location of Field Work

Task Orders issued under this contract shall be primarily within the boundaries of the Buffalo

District, which includes the watersheds of Lake Erie and Lake Ontario in the states of Ohio, Pennsylvania, and New York. However, other Districts within the Great Lakes and Rivers

Division are also permitted to issue task orders under these contracts.

Drilling Contractor Qualifications

The Contractor shall have qualified staff and equipment to capably perform the work described herein. The staff shall be under the supervision of at least one licensed Professional Engineer.

The Professional Engineer shall be registered and have specialized experience in executing geotechnical drilling, sampling, and inspection programs for a minimum of five (5) years.

The staff shall also include at least one drilling inspector to provide full time oversight of drilling operations, preparation of field logs, and collection and protection of samples. The drilling inspector shall possess a Bachelor of Science degree in Geology or Engineering, or be a National Institute for Certification in Engineering Technologies (NICET) Certified Technician in Geotechnical Explorations. The inspector shall have a minimum of two (2) years experience inspecting geotechnical drilling and sampling programs.

The Contractor shall have the necessary equipment and personnel to perform geotechnical drilling and sampling, including a minimum of two (2) rotary drill rigs, owned or leased, by the

Contractor, and a minimum of two (2) drill crew chiefs each with a minimum of three (3) years experience performing geotechnical drilling and sampling programs. The drilling inspector or drill crew chief shall be qualified to serve as the SSHO described in Attachment 3.

Laboratory Testing Qualifications

The Laboratory shall have qualified staff and equipment to capably perform the work described herein. The staff shall be under the supervision of at least one licensed Professional Engineer.

The Professional Engineer shall be registered and shall have specialized experience in executing geotechnical testing programs for a minimum of five (5) years. The Geotechnical Testing

Laboratory shall be capable of performing soils tests in accordance with standard test procedures adopted by American Society for Testing and Materials (ASTM). All Geotechnical Testing Laboratories shall have and maintain American Association of State Highway and Transportation Officials (AASHTO) accreditation which demonstrates compliance with AASHTO R18 and ASTM D3740 for the following ASTM test procedures: D421, D422, D4318, D698, D854, D1883, D2166, D2435, D2216, D2850, D4767, D2487, D2488, D5084, and D6938.

Task Order Requests for Proposal

The USACE Contracting Officer will send a written RFP to each MATOC Contractor. The RFP will include a general scope of work including project location, description of services, technical requirements, and time period within which the work must be performed. The RFP will include a bid schedule with work items and estimated maximum quantities.

Task Order Proposals from MATOC Contractors shall include the following.

· General plan of operations including proposed equipment and methods

· Resumes for the Supervisory Engineer (drilling), Supervisory Engineer (laboratory),

· Drilling Inspector, and Drill Crew Chief

· Qualifications for the SSHO as described in Attachment 3

· A completed bid schedule showing estimated maximum quantities and unit-prices.

· An estimated schedule to complete the work

Submittals Required After Task Order Selection

After a Contractor has been selected to execute a task order, the Contractor shall submit the following for approval

· Safety submittals as described in Attachment 3

· A specific task order quality control plan

Payments

The Contractor shall receive payment based on actual bid schedule work item quantities accrued and applicable unit-prices from the Contractor’s winning proposal for the task order. Payment requests shall be submitted upon completion of work and acceptance of deliverables by the

USACE Contracting Officer. If the work period extends beyond 45 days, periodic payment requests may be submitted.

Item F1 – Drilling mobilization/demobilization

Includes mobilization/demobilization of drilling rig, drilling crew, drilling inspector, equipment, and materials. The following sub-items shall be used for establishing not-to-exceed mobilization/demobilization prices for each geographic area indicated. The sub-item with a location having the closest proximity a project site will be used for individual task orders.

Item F1a – Drilling mobilization/demobilization from Contractor’s location to Toledo, OH

(mile) – two round trips will be used to calculate quantities used to award base Contract

The Contractor shall use Google Maps to calculate the total mileage quantity for two round trips from the Contractor’s location to Toledo, OH and provide a unit-price for this mobilization/demobilization. The Contractor location used to calculate mileage in the base contract proposal shall be used throughout the entire Contract performance period.

Item F1b – Drilling mobilization/demobilization from Contractor’s location to Cleveland, OH (mile) – two round trips will be used to calculate quantities used to award base

Contract

The Contractor shall use Google Maps to calculate the total mileage quantity for two round trips from the Contractor’s location to Cleveland, OH and provide a unit-price for this mobilization/demobilization. The Contractor location used to calculate mileage in the base contract proposal shall be used throughout the entire Contract performance period.

Item F1c – Drilling mobilization/demobilization from Contractor’s location to Watertown, NY (mile) – two round trips will be used to calculate quantities used to award base

Contract

The Contractor shall use Google Maps to calculate the total mileage quantity for two round trips from the Contractor’s location to Watertown, NY and provide a unit-price for this mobilization/demobilization. The Contractor location used to calculate mileage in the base contract proposal shall be used throughout the entire Contract performance period.

Item F2 - Borehole advancement through soil

The Contractor shall select and use borehole advancement methods to produce a clean borehole without excessive slough or cuttings to facilitate Standard Penetration Testing (ASTM D1586) and thin-walled tube sampling (ASTM D1587). Methods shall be selected and used to prevent heave or disturbance of soils at the bottom of the boring. Fluid within hollow-stem augers or drill casing shall be maintained at or above the groundwater level at all times to minimize heave or disturbance of soils at the bottom of the boring. Use of hollow-stem augers shall be in accordance with ASTM D6151. For land drilling, borehole advancement will be measured from the ground surface. For water drilling, borehole advancement will be measured from the lakebed/riverbed. Sealing borings with materials other than auger cuttings is not included as part of this work item.

Item F2a - Borehole advancement through soil using hollow-stem augers (feet) – bid quantity used to award base Contract = 2000 feet

Item F2b - Borehole advancement through soil without hollow-stem augers (feet) – bid quantity used to award base Contract = 1000 feet

Item F3 - Borehole advancement through obstructions using rock drilling or coring (feet) – bid quantity used to award base Contract = 10 feet

This item is applicable only when borehole advancement through obstructions is directed by the

USACE geotechnical engineer.

Item F4 - Standard Penetration Testing

Standard Penetration Testing (SPT) shall be performed in accordance with ASTM D 1586. The use of a calibrated automatic hammer is required at all times. Hammers shall be calibrated at least once every year and after any hammer system changes or repairs. The hammer energy, measured N values, and normalized N60 values shall be recorded on boring logs. SPT Samples shall be packaged, labeled, preserved, and transported to the testing laboratory in accordance with ASTM D4220 Group B. Lids of sample jars shall be tightly sealed to prevent moisture loss.

Sample catchers shall be used when necessary to ensure sample recovery. In soils where sample recovery with a 2-inch O.D. sampler is limited by gravel, a 3-inch O.D. split-spoon shall be used and noted on boring logs.

Item F4a - SPT sampling depths less than 40 feet below the ground surface or barge deck

(each) – bid quantity used to award base Contract = 700 tests

Item F4b - SPT sampling depths less than 80 feet and greater than 40 feet below the ground surface or barge deck (each) – bid quantity used to award base Contract = 250 tests

Item F4c - SPT sampling depths less than 120 feet and greater than 80 feet below the ground surface or barge deck (each) – bid quantity used to award base Contract = 50 tests

Item F5 - Undisturbed Sampling (each) – bid quantity used to award base Contract = 100 samples

Thin-walled tube samples shall be collected in accordance with ASTM D 1587. Piston samplers may be required to recover very soft soils. Samples collected with thin-walled tubes shall be packaged, labeled, preserved, and transported to the testing laboratory in accordance with ASTM

D4220 Group D using suitable shipping containers. Sample ends shall be sealed immediately in the field and the ends of the tube shall be capped and sealed to prevent moisture loss. Samples shall be protected from freezing at all times. Full payment will be made only when sample recovery exceeds 8 inches. Sampling attempts resulting in less than 8 inches of recovery will accrue a work item quantity of 0.25 rather than 1.

Item F6 – 2-inch nominal diameter rock core drilling

The Contractor shall perform vertical rock core drilling in accordance with ASTM D2113. The

Contractor shall select equipment and methods to maximize recovery of rock core with a 2-inch nominal diameter. Rock core samples shall be packaged, labeled, preserved, and transported to the testing laboratory in accordance with ASTM D5079.

Item F6a – 2-inch nominal diameter rock core drilling using double tube, swivel type core barrel – bid quantity used to award base Contract = 50 feet

Item F6b – 2-inch nominal diameter wireline rock core drilling – bid quantity used to award base Contract = 50 feet

Item F7 – Sealing borings

Borings shall be sealed in accordance with Ohio Department of Transportation Policy for

Sealing of Geotechnical Exploratory Boreholes. This work item includes all materials and labor necessary to seal borings and disposal of auger cuttings. For land drilling, borehole sealing will be measured from the ground surface. For water drilling, borehole sealing will be measured from the lakebed/riverbed.

Item F7a – Sealing borings with neat cement/bentonite grout (feet) – bid quantity used to award base Contract = 1500 feet

Item F7b – Sealing borings with bentonite chips– bid quantity used to award base Contract

= 1500 feet

Item F8 - Drilling Inspector (day) – bid quantity used to award base Contract = 30 days

The drilling inspector shall provide full time oversight of drilling operations, preparation of field logs, and collection and protection of samples. The drilling inspector shall possess a Bachelor of

Science degree in Geology or Engineering, or be a NICET Certified Technician in Geotechnical

Explorations. The inspector shall have a minimum of two (2) years experience inspecting geotechnical drilling and sampling programs. The following information shall be included on all field boring logs.

· Boring number

· Boring latitude and longitude as determined by hand-held GPS

· Drilling firm

· Name of driller

· Name of drilling inspector

· Method of drilling

· Diameter of augers and casing

· Description of drill rig

· Date boring started and completed

· SPT hammer energy ratio

· Date of last hammer calibration

· SPT sampler dimensions

· Depth groundwater first encountered to the nearest 0.1 foot

· Depth groundwater at the completion of drilling to the nearest 0.1 foot

· SPT sampling depths to the nearest 0.1 foot

· Blow counts for every 0.5 foot of SPT drive

· Measured SPT N values

· SPT N60 values

· Recovery length for each SPT to the nearest 0.1 foot

· Unconfined compressive strength of cohesive SPT samples measured via pocket

· Penetrometer

· Depths of strata changes to the nearest 0.5 foot

· Dimensions of thin-walled sampler

· Thin-walled sampling depths to the nearest 0.1 foot

· Length of thin-walled sampler advance to the nearest 0.1 foot

· Length of thin-walled sample recovery to the nearest 0.1 foot

· Methods and materials (including quantity) used to seal the boring

· Any general remarks concerning the drilling operations

· Thickness of pavement, sod, or topsoil cover at the surface

· Information regarding rock coring and rock core samples as described in ASTM D2113

· When drilling is performed from a floating plant, all vertical measurements shall be

· referenced to the deck of the floating plant, and the depth from the deck of the floating

· plant to the water surface shall be clearly noted on the boring log.

· Descriptions of all soil strata encountered including:

· Consistency of fine-grained soils (i.e. very soft, soft, medium, stiff, very stiff,

· hard)

· Density adjective of coarse-grained soils (i.e. very loose, loose, medium dense,

· dense, very dense)

· Soil moisture (i.e. dry, moist, wet)

· Soil color

· Particle-size description for coarse-grained soils (i.e. fine, medium, coarse)

· Names of main and minor soil types [i.e. gravel(ly), sand(y), silt(y), clay(ey)]

· Estimated geologic classification (i.e. fill, alluvium, glaciolacustrine, till)

Item F9 – Combined daily rate for drilling inspector, drilling crew chief, and driller’s helper for standby due to weather (day) – bid quantity used to award base Contract = 6 days

When a project site is located more than 90 miles from the Contractor’s location, a combined daily rate will be paid for standby of the drilling inspector, drilling crew chief, and driller’s helper when weather conditions prohibit field work activities. When on standby, compensation for the drilling inspector’s time shall be covered by this work item rather than Item F8.

Item F10 – Combined lump sum rate for preparation of safety and quality control task order submittal package – bid quantity used to award base Contract = 10 packages

Item F11 – Preparation of boring logs in gINT (each) - bid quantity used to award base

Contract = 60 boring logs

The Contractor shall record borehole information using a version of gINT software, compatible with Version 8i Professional, using a library file provided by USACE. Each boring log shall include the results of all laboratory index testing performed by the Contractor.

Item F12 – Floating plant mobilization/demobilization (each)

Includes mobilization/demobilization of a floating plant and necessary support vessels suitable for performing drilling described in the individual task order RFP. This item includes work performed by Contractor personnel to prepare the floating plant for drilling operations. The unit price for this item shall be submitted by MATOC Contractors in individual task order proposals.

Item F13 – Floating plant daily rate (day)

Includes the daily rate for a barge and support vessels suitable for performing drilling described in the specific task order RFP. The unit-price for this item shall be submitted by MATOC

Contractors in individual task order proposals.

Item F14 – Floating plant standby rate due to weather delays (day)

Includes the standby rate for a barge and support vessels suitable for performing drilling described in the specific task order RFP. The unit-price for this item shall be submitted by

MATOC Contractors in task order proposals.

Item F15 – Per diem for drilling inspector, drilling crew chief, and driller’s helper (day)

When a project site is located more than 90 miles from the Contractor’s location, 1 day of per diem will be paid for each member of the Contractor’s work crew for each night of commercial lodging accrued. The per diem rate will be determined from the current combined rate for lodging, meals, and incidentals published by the U.S. General Services Administration.

Item L1 - Extrusion and logging of undisturbed samples (each) – bid quantity used to award base Contract = 100 samples

Undisturbed samples shall be extruded at the laboratory within 3 days of field collection.

Extruded samples shall be promptly logged, photographed, and wrapped in plastic to preserve sample moisture. Undisturbed sample logs shall include the following information.

· Boring number

· Date of extrusion

· Boring depth associated with top of sample

· Boring depth associated with bottom of sample

· Boring depth associated with any strata changes within the length of the sample

· Descriptions of soil strata observed in the sample

Items L2 through L11 - Laboratory testing in accordance with the applicable ATSM standard (each)

Item L12 – Sample delivery

Delivery of samples from the project site to the testing laboratory shall be covered by the corresponding work items for sample collection. Samples not subjected to laboratory testing shall be delivered to the USACE Buffalo District. Instructions for sample delivery shall be included with each task order RFP. The unit-price for this item shall be submitted by MATOC

Contractors in individual task order proposals.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLAUSES INCORPORATED BY FULL TEXT

52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Indefinite Delivery Idefinite Quantity with Fixed-Price Task Orders contract resulting from this solicitation.

(End of provision)

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award (DoA) through 5-years after DoA.

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

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

(End of clause)

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $300 for lab only task orders and $3000 for field work only task orders or $3300 combined, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $150,000;

(2) Any order for a combination of items in excess of $150,000 (insert dollar figure or quantity); or

(3) A series of orders from the same ordering office within 30-days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5-days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 6-months after ordering period expiration.

(End of clause)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from USACE, Buffalo District, Attn: Contracting, 1776 Niagara St, Buffalo, NY 14207.

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

(End of provision)

52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (APR 2012)

(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an ``as-is, where is'' condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(b) The Government bears no responsibility for repair or replacement of any lost Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.

(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.

(e) Government property provided under this clause:

N/A at this time

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

(b) The use in this solicitation or contract of any 52.222-41 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

Section J - List of Documents, Exhibits and Other Attachments

SECTION J

List of Attachments

1) Bid Form

2) Past Performance Questionnaire

3) Safety Requirements

Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY REFERENCE

Section L - Instructions, Conditions and Notices to Bidders

SECTION L

SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

BEST VALUE CONTINUUM, LOWEST PRICE TECHNICALLY ACCEPTABLE PROCUREMENT

1. GENERAL INFORMATION

This solicitation is for a Multiple Award Task Order Contract (MATOC) service contract to acquire services for geotechnical and environmental drilling, sampling, inspection, and testing services. Firm-Fixed Priced Task Orders issued under this contract shall be primarily within the Buffalo District Area of Responsibility (AOR), which includes the watersheds of Lake Erie and Lake Ontario in the states of Ohio, Pennsylvania, and New York. However, other USACE Districts within the Great Lakes and Rivers Division are also permitted to issue task orders under these contracts. The tasks orders shall include, but not be limited to, material, labor, and equipment to execute task orders.

Oral explanations or instructions are not binding. Any information given to an Offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.

As this is a competitive negotiation acquisition, there is no public proposal opening and no information will be given out as to the number of Offerors or the results of the competition until all awards are made.

In accordance with FAR 15.101-2, award will be made on the basis of LPTA Selection Process, proposals satisfying the requirements of the technical, past performance, and price evaluation factors set forth in the solicitation. Up to four contractors may selected for contract award. To be considered acceptable, an offeror’s proposal must be rated “acceptable” under all technical and past performance factors.

2. REQUIRED REGISTRATIONS

Offerors must have and must maintain an active registration in the following database:

System for Award Management (SAM): Offerors must possess and must maintain an active registration in the SAM database at https://www.sam.gov/portal/public/SAM/ to be eligible for a Government contract award. If the Offeror is a Joint Venture (JV), the JV entity must have valid SAM registration in the SAM database representing the JV as one business/firm/entity. If at the time of award an Offeror is not actively, completely, and successfully registered in the SAM database, the Government reserves the right to award to the next prospective Offeror.

3. DEFINITIONS

When the word ‘Offeror’ is encountered throughout this Section L, it is intended to mean a company or Joint Venture seeking to do business with the Government that submits a proposal in response to this solicitation.

A ‘proposal’ is documentation prepared by the Offeror and submitted to the Government for evaluation purposes in response to this solicitation.

When the word ‘Government’ is encountered throughout this Section L, it is intended to mean the U.S. Army Corps of Engineers Buffalo District.

System for Award Management (SAM) database means the primary Government repository for Contractor information required for the conduct of business with the Government.

4. SUBMISSION OF INQUIRIES:

Proposals for this solicitation will be accepted until the date and time indicated on Standard Form 33. Prospective Offerors should submit inquiries related to this solicitation only by e-mail to:

E-MAIL ADDRESS: walter.kamad@usace.army.mil Include the solicitation number, and project title with any questions/clarifications. Written questions must be received by this office no later than 7 calendar days prior to the date set for receipt of offers. TELEPHONE INQUIRIES WILL NOT BE ACCEPTED.

5. DIRECTIONS FOR SUBMITTING PROPOSALS

Offers must be mailed to US Army Corps of Engineers Buffalo District, ATTN: Walter Kamad, 1776 Niagara Street, Buffalo, NY 14207 by 22-Sep-2014 at 12:00PM (EST). In addition to submitting the mailed proposal an electronic copy will be required also, please email addresses below. Please contact Walter Kamad at walter.kamad@usace.army.mil and Tyrone Palaganas at tyrone.b.palaganas@usace.army.mil via email before deadline for confirmation of receipt of proposal.

PROPOSALS SUBMITTED AFTER THE DATE AND TIME ESTABLISHED FOR SUBMISSION OF PROPOSALS WILL NOT BE EVALUATED.

6. SITE VISIT

Not Applicable

7. ELECTRONIC OFFERS

To be considered for evaluation both mailed proposals along with an electronic copy must be accepted. Any electronic proposal or notice to withdraw an offer sent to this office by email will not be accepted. Withdrawn offers shall be mailed to the office designated in the Request for Proposal (RFP) for receipt of offers not later than the exact date and time set for receipt of proposals.

8. PROPOSALS SHALL BE SUBMITTED IN THE FOLLOWING FORMAT:

Proposal Package Original Copies

1 2

VOLUME 1 – Specialized Experience/Technical Proposal, and

Past Performance

FACTOR 1 – Specialized Experience/Technical Competence

FACTOR 2 – Past Performance

Volume 1 shall also include the items listed below.

• Descriptions of at least three (3) geotechnical drilling/sampling programs, and three (3) geotechnical laboratory testing programs performed in the last five years for projects located in the Buffalo District AOR. A single project can satisfy both the drilling/sampling and laboratory testing requirements if both were performed. A project reference form is attached to this solicitation for mandatory use. The Project Reference form will be dual purposed for Factor 2, Past Performance.

Proposal Package

Original Copies

1 2

VOLUME 2 – Price Proposal and Administrative Submission

FACTOR 3 – Price Proposal

Volume 2 shall also include the following:

• Attached Pricing Bid Schedule (Attachment 1)

• Offeror’s e-mail address and cell phone number

• Name, Address, SAM DUNS, SAM CAGE and Tax Identification Numbers of the Contractor submitting the proposal

The Government will not make assumptions concerning intent, capabilities, or experience. Clear identification of proposal details shall be the sole responsibility of the Offeror. The Government may reject incomplete proposals after initial evaluation without further consideration. Complete proposals shall meet the basic requirements identified in the RFP.

9. PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS

a. REQUIREMENT FOR SEPARATE TECHNICAL AND PRICE PROPOSALS.

DO NOT MIX CONTENTS OF VOLUME 1 (Specialized Experience/Technical) AND VOLUME 2 (Price) IN THE SAME ATTACHMENT.

(1) The Proposal shall be typed and submitted in clearly-written English

(2) The proposal cover sheet is required for Volumes 1 and 2 by FAR 52.215-1(2)(i)-(v) and must be submitted by all Offerors.

(3) Each Offeror must submit a Specialized Experience/Technical Proposal and a Price Proposal. The Specialized Experience/Technical Proposal and the Price Proposal must be submitted as separate volumes. Both the Specialized Experience/Technical and Price proposals shall be paginated (contain consecutive page numbers on each page).

The first page of each separate volume (Vol 1 – Specialized Experience/Technical; Vol 2 – Price) must be clearly marked to indicate its contents and the identity of the Offeror.

(4) Both the Specialized Experience/Technical Proposal and the Price Proposal must be received by the closing date and time set for receipt of proposals.

(5) Pricing Schedule, Vol 2, shall be completed in full.

(6) Do not include any dollar amounts in the Technical Proposal that are taken from the Price Proposal.

(7) All information intended to be evaluated as part of the Technical Proposal must be submitted within the Specialized Experience/Technical Proposal. Do not cross-reference material in the Price Proposal, or vice versa. Also, do not include links to websites in your proposal. Specialized Experience/Technical Proposals will not be provided to the price team and Price Proposals will not be provided to the technical team. Therefore, information submitted in the wrong Volume could lead to the proposal being determined “unacceptable” if materially incomplete in any aspect.

(8) Do not attempt to modify the terms and conditions of the solicitation in either the specialized experience/technical or price proposal or add conditions or qualifications to your offer. Should the Offeror include terms and conditions that conflict with the terms and conditions of the Solicitation, the offer may be determined "unacceptable" and thus ineligible for award. Any questions related to specific terms and conditions contained within the Solicitation should be resolved prior to submission of the offer. Notwithstanding the above, the Offeror must clearly describe on the Proposal Cover Sheet submitted with the Price Proposal any modifications to the contractual and/or technical terms and conditions of the solicitation contained in the Offer.

(9) Failure to submit required documents or failure to properly complete documents may result in rejection of the offer without further evaluation. Therefore, Offerors are urged to follow instructions carefully and to speak with the Contracting Officer if the Offeror does not understand any part of the Solicitation.

b. DISCUSSIONS.

The Government intends to evaluate proposals and award a contract without discussions with Offerors. Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a specialized experience/technical and price standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise form the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

c. GENERAL INSTRUCTIONS.

(1) Submit only the documents specifically required in this section. Do not submit excess information; do not include audio-visual materials, additional electronic media, etc.

(2) Use only 8 ½ by 11 inch formatted electronic documents, unless another paper size is specifically authorized elsewhere in this section for a particular submission. Do not use fold-outs (e.g., 11” x 14” or 11” x 17” sheets). Do not use a font size smaller than 10, an unusual font style such as script, or condensed print for any submission. All page margins must be at least one inch wide, but may include headers and footers. All pages must be numbered.

(3) References to “Confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can be provided to the Government as part of the Offeror’s specialized experience/technical proposal. Offerors that include in their proposals information they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must clearly mark their proposals in accordance with the instructions at FAR 52.215-1, “Instructions to Offerors— Competitive Acquisition,” paragraph (e), “Restriction on disclosure and use of data .”

(3) For submissions with page limitations, the pages will be counted as follows: One side of the paper is one page; information on both the back and front of one sheet of paper will be counted as two pages. Pages furnished for organizational purposes only, such as a “Table of Contents” or tab pages, are not included in the page limitation.

11. INSTRUCTIONS FOR SUBMISSION OF JOINT VENTURE AGREEMENTS

a. A Joint Venture offeror must submit with its specialized experience/technical proposal a copy of the joint venture agreement upon when the Joint Venture organization has been formed. The joint venture agreement must indicate that the joint venture is in existence as of the date and time that proposals are due to be submitted; or, alternatively, that the joint venture will automatically take legal effect immediately upon notification to the joint venture of contract award.

b. If the original joint venture agreement is…