RFP W912PL-10-R-0022.pdf

RFP NO.: W912PL-10-R-0022

U.S. ARMY CORPS OF ENGINEERS

LOS ANGELES DISTRICT

BAT SURVEYS FOR MINE CLOSURES ON BUREAU

OF LAND MANAGEMENT LANDS

Total Set-Aside for Small Business

REQUEST FOR PROPOSALS

SERVICE SOLICITATION

May 2010

W912PL-10-R-0022

Table of Contents

SF 30 SOLICITATION, OFFER AND AWARD

Section A SOLICITATION/CONTRACT FORM

Section B PRICING SCHEDULE

Section C DESCRIPTION/SPECS/WORK STATEMENT

Section D PACKAGING AND MARKING

Section E INSPECTION AND ACCEPTANCE

Section F DELIVERIES OR PERFORMANCE

Section G CONTRACT ADMINISTRATION DATA

Section H SPECIAL CONTRACT REQUIREMENTS

Section I CONTRACT CLAUSES

Section J LIST OF ATTACHMENTS

Section K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

Section L INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

Section M EVALUATION FACTORS FOR AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

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1 1

W912PL-10-R-0022 ✘ 05/14/2010

USACE, LOS ANGELES DIST, CONTRACTING DIV

P.O. BOX 532711, 915 WILSHIRE BLVD.

LOS ANGELES, CA 90053-2325

SEE SECTION L

SEE SECTION L 02:00 14 Jun 10

A-1

Section A Solicitation/Contract Form

PROJECT TITLE AND DESCRIPTION

The Government requires performance of the work described in these documents:

The Contractor shall perform external bat surveys and internal bat surveys (as deemed necessary by the contractor) at 350 mine hazards. Sites are located within the boundaries of White Pine County, Nevada; Lincoln County, Nevada; and in the Carson City, Nevada area. These surveys shall be conducted in accordance with current professional standards for these surveys and within the requirements of the State of Nevada Division of Wildlife as they pertain to bat handling or collecting. Due to the physical hazards and cultural significance of some of these sites, specific locations are not provided in this Scope of Work but are available upon request. Mine sites are located on the following topographic quad sheets: Minerva Canyon, Badger Hole Spring, Ward Charcoal Ovens, Hogum, Comins Lake, Sacramento Pass, Windy Peak, South Bastian Springs, Ruth, Riepetown, East Ely, Duck Creek Valley, Lusetti Canyon, McGill, Kalamzoo Summit, Egon Canyon, Ward Mountain, Yerrington, Yerrington NE, Churchill Butte, Silver Springs South, Fourmile Canyon, Frenchman, Fourmile Flat, Parker Butte, Wabuska, Wadsworth, Olinghouse, and Pah Rah Mountain. The Contractor shall provide technical consultation services on the significance of habitat and closure recommendations. The Period of Performance will be twenty-four (24) months from date of award.

Please be advised that this procurement maybe delayed, cancelled or revised at any time during this solicitation, negotiation and/or final award process.

It is anticipated that a single award will be made from this Request for Proposal.

This is a Small Business Set Aside procurement. The NAICS code is 541620.

A-2

CERTIFICATE OF CORPORATE PRINCIPAL

1) IF THE OFFEROR IS A JOINT VENTURE, COMPLETE THE FOLLOWING:

(Company Name) (Signature) (Title)

2) IF THE OFFEROR IS PARTNERSHIP, LIST FULL NAME OF ALL PARTNERS:

3) IF THE OFFEROR IS A CORPORATION, THE FOLLOWING CERTIFICATION SHOULD BE COMPLETED:

CERTIFICATION AS TO CORPORATE PRINCIPAL

I, , certify that I am the Secretary of the corporation named as principal in the within contract; that , who signed the said contract on behalf of the principal, was the of the corporation; that I know his signature and that his signature is genuine; and that said contract was duly signed, sealed and attested for in behalf of said corporation by authority of its governing body.

CORPORATE PRINCIPAL

CORPORATE SEAL

SECRETARY

Pricing Schedule

Item Description

QTY

Unit Item Total

0001 Reporting/Meetings Day $ 0002 Travel (Airfare) LS $ 0003 Vehicle Rental day $ 0004 Fuel gallon $ 0005 Per Diem day $ 0006 Internal Surveys N/A $ 0007 Tech Lead day $ 0008 Field Technicians day $ 0009 Supplies LS $ 0010 Equipment LS $

0011 EXTERNAL SURVEYS N/A $

Grand Total

Assumption 1 – External Surveys = Assumption 2 – Internal Surveys = (List any additional Assumptions)

COST PER INTERNAL SURVEY =

COST PER EXTERNAL SURVEY =

52.215-4998 OFFEROR’S NOTES

1. Payment by Electronic Funds Transfer is the mandatory method of contract payment.

The Contractors attention is directed to Contract Clause No. FAR 52.232-33, “Mandatory Information for Electronic Funds Transfer – Central Contractor Registration.”

2. Principal Contracting Officer. The Contracting Officer who signs this contract will be the Principal Contracting Officer of this contract. However, any Contracting Officer assigned to the Los Angeles District, contracting within his or her authority, may take formal action on this contract when a contract action needs to be taken and the Principal Contracting Officer is unavailable.

3. Proposal Expenses and Pre-contract Costs. This Request for Proposals does not commit the Government to pay costs incurred in preparation and submission of the l1eddabr Typewritten Text

SECTION B

l1eddabr Typewritten Text l1eddabr Typewritten Text l1eddabr Typewritten Text l1eddabr Typewritten Text l1eddabr Typewritten Text initial and any subsequent proposals or for any other costs incurred prior to execution of a formal contract.

4. All extensions of the unit prices on all items shown will be subject to verification by the Government. In case of variation between the unit price and the extension, the unit price will be considered to be the offer.

5. Amounts and prices shall be indicated in either words or figures, NOT BOTH.

6. Offerors shall submit prices on all items of the Price Schedule.

7. Offerors are cautioned to check Price Schedule carefully prior to submission. If the Price Schedule contains unit prices, they must be extended to the ACTUAL

AMOUNT AND NOT ROUNDED OFF.

8. For the purpose of evaluating the Price Schedule, the following will be utilized in resolving arithmetic discrepancies found on the face of the Price Schedule as submitted by the offeror:

a. Obviously misplaced decimal points will be corrected;

b. In case of discrepancy between the unit price and the extended price, the unit price will govern;

c. Apparent errors in extensions of unit prices will be corrected;

d. Apparent error in addition of lump sum and extended prices will be corrected

9. OFFERORS PLEASE NOTE: Although all contract line items numbers (CLINS) show a specific quantity, the actual quantity ordered will be on an “as required” basis.

The quantities specified in the Price Schedule are estimates for the purpose of evaluation only and will not necessarily be ordered by this contract. (See “Variations of Estimated Quantities”)

END OF SECTION B

SECTION C

DESCRIPTION/SPECS/WORK STATEMENT

BAT SURVEYS FOR MINE CLOSURES ON

BUREAU OF LAND MANAGEMENT LANDS

MAY 2010

1 Project Objectives

The Contractor shall perform all necessary travel, professional analysis, and work required for the Bat Surveys for abandoned mine land closures in Northern Nevada. The objectives of the work effort are to determine the presence or absence of significant bat habitat at abandoned mine sites on federal lands in Northern Nevada.

2 Details of Performance

The main elements of this action include the performance of external and internal bat surveys at approximately 350 abandoned mine site locations on federal lands managed by the Bureau of Land Management in the State of Nevada. Additional work may be required for closures in the California High Desert area near Ridgecrest.

For this project, the following tasks (as defined in the Site Specific Scope of Work in Section 3 below) shall be included in the Contractor proposal:

• Task 1 – Internal and External Bat Surveys

• Task 2 –Technical Consultation on significance of habitat and closure recommendations

3 Site Specific Scope of Work

3.1 Project Management

The Contractor shall assign a member or employee who shall be known as the Project Manager. This individual shall oversee the management of the entire project, administer all instructions from this office and answer or obtain answers to all questions from this office during and after the work.

3.2 Tasks Required

3.2.1 Task 1 – Internal and External Bat Surveys

The Contractor shall perform external bat surveys and internal bat surveys (as deemed necessary by the contractor) at 350 mine hazards. Sites are located within the boundaries of White Pine County, Nevada;

Lincoln County, Nevada; and in the Carson City, Nevada area. These surveys shall be conducted in accordance with current professional standards for these surveys and within the requirements of the State of Nevada Division of Wildlife as they pertain to bat handling or collecting. Due to the physical hazards and cultural significance of some of these sites, specific locations are not provided in this SOW but are available upon request. Mine sites are located on, but not limited to, the following topographic quad sheets: Minerva Canyon, Badger Hole Spring, Ward Charcoal Ovens, Hogum, Comins Lake, Sacramento Pass, Windy Peak, South Bastian Springs, Ruth, Riepetown, East Ely, Duck Creek Valley, Lusetti Canyon, McGill, Kalamzoo Summit, Egon Canyon, Ward Mountain, Yerrington, Yerrington NE, Churchill Butte, Silver Springs South, Fourmile Canyon, Frenchman, Fourmile Flat, Parker Butte, Wabuska, Wadsworth, Olinghouse, and Pah Rah Mountain.

External and Internal Wildlife Mine Survey Data Sheets shall be completed and provided to the USACE PD Technical Specialist/Environmental Coordinator within one week of completion of the surveys.

The cost proposal shall provide a cost per feature for the external and internal surveys.

3.2.2 Task 2 – Technical Consultation on the Significance of Habitat and Closure Recommendations

The Contractor shall provided technical consultation services on the significance of habitat and closure recommendations.

4 General

4.1 Corps of Engineers Points of Contact

The Project Manager for the U.S. Army Corps of Engineers, Los Angeles District is Mr. James Maes. The Technical Specialist/Environmental Coordinator is Mr. Bryon L. Lake, Plan Formulation Section C, AZ/NV Area Office: bryon.l.lake@usace.army.mil, (602) 640-2003 X-246.

4.2 Safety

The contractor shall be responsible for supplying required safety equipment and for ensuring that all his or her employees are properly equipped and trained in all safety procedures and precautions. All work shall be performed in accordance with OSHA and MSHA requirements.

In addition, all work shall be conducted in accordance with the requirements in EM 385-1-1, U.S. Army Corps of Engineers, Safety and Health Requirements manual. The manual is available at the following internet site:

http://www.usace.army.mil/publications/eng-manuals/em385-1-1/toc.htm

4.3 Travel

The Contractor shall perform all necessary travel as part of the contract requirements, and the cost thereof shall be included in the contract price.

4.4 Review of Progress and Technical Adequacy

At appropriate times, representatives of the Contracting Officer may review the progress and technical adequacy of the work. Such review shall not relieve the Contractor from performing all contract requirements, except as may be waived by written instruction.

4.5 Schedule

Upon receipt of Notice to Proceed (NTP), the Contractor shall prepare a progress chart to show the proposed schedule for completion of the tasks in this scope of work. The progress chart shall be prepared in reproducible form and submitted for approval.

4.5.1 Progress Reports and Invoices

The Contractor shall submit electronic progress reports and invoices on a monthly basis to USACE, when work has occurred in the previous calendar month. The progress reports shall indicate work performed and problems incurred during the time period.

mailto:bryon.l.lake@usace.army.mil� http://www.usace.army.mil/publications/eng-manuals/em385-1-1/toc.htm�

4.6 Schedule (based on working days, not calendar days)

Bat Surveys - 1 week after NTP Conference Calls/Onsite Meetings - As needed

4.7 Site Scheduling, Entry and Security

The Contractor shall coordinate with the appropriate land manager and USACE before any types of activities are conducted.

4.8 Public Affairs

The Contractor shall not make available to the news media or publicly disclose any data generated in the performance of this work. When approached by the news media, the Contractor shall refer them to the USACE Public Affairs Office for response. USACE shall have the responsibility to coordinate responses to news media inquiries with the BLM.

4.9 Period of Performance

The period of service for the basic scope of work shall be twenty-four (24) months from the Notice to Proceed.

4.10 Authorities

No person other than the Government Contracting Officer has the authority to make any changes to this contract action that impact cost or schedule. Authority from the Contracting Officer to the contractor to make changes that impact cost or schedule will be in the form of an official, signed modification.

4.11 Contract Payments:

The Contractor shall submit monthly invoices that will cover the period from the first day to the last day of the month. The invoices shall be set up consistent with the Contractor’s bid schedule and shall include, at a minimum: previous invoice charges, the current month’s invoice charges, and the contract “balance” remaining. A progress report shall be included with each invoice as an attachment. At a minimum, the progress report shall include: the total number of sites surveyed, the number of sites surveyed as billed on the current month’s invoice, and the number of sites remaining to be surveyed. The invoice and progress report shall be mailed to the USACE, Los Angeles District PD at the following address:

District Commander Los Angeles District, U.S. Corps of Engineers ATTN: CESPL-PM-IIS (Maes) 3636 North Central Avenue, suite 900 Phoenix, AZ 85012

D-1

Section D - Packaging and Marking

MARKING OF REPORTS

For All Reports and Data Items delivered under this contract the following clause shall apply:

DECLARATION OF TECHNICAL DATA CONFORMITY

All technical data delivered under this contract shall be accompanied by the following written declaration:

The Contractor, ____________________, hereby declares that, to the best of its knowledge and belief, the technical data delivered herewith under Contract No. _________________ is complete, accurate, and complies with all requirements of the contract.

Date ____________________________________

Name and Title of Authorized Official ____________________

(End of clause)

E-F-G-1

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE

The contractor’s attention is directed to Section C, “Statement of Work” and Section I, “Contract Clauses” for general requirements concerning Inspection and Acceptance of work and services under this contract. In addition, the specific task orders issued under this contract may contain additional requirements to which the contract will be required to comply.

Section F - Deliveries or Performance

PERIOD OF SERVICE

The period of performance will be twenty-four (24) months from date of award.

Section G - Contract Administration Data

52.0001-4001 CONTRACT ADMINISTRATION DATA

The Contract Administration Office for this contract subsequent to award is:

AZ/NV Area Office ATTN: CESPL-PM-HS (Maes) 3636 North Central Avenue, Suite 900 Phoenix, AZ 85012

Telephone No: (602) 640-2003 X 273, FAX (602) 640-5382

Payment will be made by:

USACE Finance Center

ATTN: CEFC-AO-P

5270 Integrity Drive Millington, TN 38054-5005

Submit Invoices to: AZ/NV Area Office ATTN: CESPL-PM-HS (Maes) 3636 North Central Avenue, Suite 900 Phoenix, AZ 85012

H-1

Section H

Special Contract Requirements

52.0000-4001 UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER

PERSONNEL (MAY 2000)

Authorities/Technical Direction: The Contractor shall take no direction from any Government employee or any other person other than the Government contracting Officer that changes the terms and conditions of this contract action, the scope, or any change that impacts the cost, price, or schedule. Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the contract action received by the Contract before the Contractor will act upon those changes. The Contract will comply with the Changes clause of this contract when the contractor believes direction has been given from persons other than the Government Contracting Office that equate to a change by notifying the Contracting Officer as directed by the clause. Any direction given by any Government employee or any other person outside their authority must be reported to the Contracting Officer. Contracting Officer Representative (CORs) are limited to the authorities stated in the COR appointment letters. If a COR is appointed under this contract, they will be appointed by written letter from the Contracting Officer to the Contractor and COR specific to this contract only. COR appointment letters from previous contract at this installation are not valid for this contract.

(End of Clause)

52.0000-4023 SAFETY REQUIREMENTS

The bidder's attention is directed to the latest version of U.S Army Corps of Engineers Safety and Health Manual, EM 385-1-1, which will be strictly enforced. This publication may be obtained from the US Army Engineer District, Los Angeles, ATTN: Safety Office, P.O. Box 532711, Los Angeles, California 90053-2325.

52.000-4515 SECURITY CONTRACT LANGUAGE FOR ALL CORPS OF ENGINEERS'

UNCLASSIFIED CONTRACTS (APR 2004)

A. AUTOMATED INFORMATION SYSTEM (AIS) EFFORT

All Contractor employees (U.S. citizens and Non- U.S. citizens) working under this contract (to include grants, cooperative agreements and task orders) who require access to Automated Information Systems (AIS), (stand alone computers, network computers/systems, e-mail) shall, at a minimum, be designated into an ADP-III position (non-sensitive) in accordance with DoD 5220-22-R, Industrial Security Regulation.

The investigative requirements for an ADP-III position are a favorable National Agency Check (NAC), SF-85P, Public Trust Position. The contractor shall have each applicable employee complete a SF-85P and submit to the Los Angeles District, ATTN: CESPL-P.O Box 532711, Los Angeles, California 90053 Security Officer within three (3) working days after award of any contract or task order, and shall be submitted prior to the individual being permitted access to an AIS. Contractors that have a commercial or government entity (CAGE) Code and Facility Security Clearance through the Defense Security Service shall process the NACs and forward visit requests/results of NAC to the Los Angeles District Security Officer. For those contractors that do not have a CAGE Code or Facility Security Clearance, the Los Angeles District Security Office will process the investigation in coordination with the Contractor and contract employees.

B. NATIONAL INFRASTRUCTURES EFFORTS

H-2

Contractor employees scheduled to access the Homeland Security determined National Infrastructures, i.e., Powerhouses, Switchyards, Locks/Dams or other restricted/sensitive areas are required to submit a State Bureau of Investigation Criminal Records (History) Check from the state where the work will be performed to the Contracting Officer no later than ten (10) working days after contract award. In addition to providing the individual Criminal Records (History) Check, contractor employees scheduled to have access to the National Infrastructures for six (6) months or longer required a favorable Public Trust Background Investigation (SF-85P), which includes fingerprints (FD-258). Contractor employees may have the finger print card (FD-258) completed by local law enforcement anyone qualified in the Los Angeles District Field Offices, or by making an appointment with the District Security Officer, Sargent Major Jeffrey Koontz, Chief, Security, 213-452-3969. The contractor shall have each applicable employee provide the completed SF-85P and FD-258 to the Los Angeles Security Office as soon as possible after contract award, but definitely prior to the employee being permitted access to the work area.

C. FOREIGN NATIONALS

Contractor employees scheduled to access the Homeland Security determined National Infrastructures, i.e., Powerhouses, Switchyards, Locks/Dams or other restricted/sensitive areas are required to submit a State Bureau of Investigation Criminal Records (History In accordance with Engineering Regulation, ER 380-1- 18, Section 4, foreign nationals who work on Corps of Engineers' contracts or task orders shall be approved by the HQUSACE Foreign Disclosure Officer or higher before beginning work on the contract/task order. This regulation includes subcontractor employees. (NOTE: exceptions to the above requirement include foreign nationals who perform janitorial and/or ground maintenance services.) The contractor shall submit to the Division/District Contract Office, the names of all foreign nationals proposed for performance under this contract/task order, along with documentation to verify that he/she was legally admitted into the United States and has authority to work and/or go to school in the US. Such documentation may include a US passport, Certificate of US citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), foreign passport with I-551 stamp or attached INS Form I-94 indicating employment authorization, Alien Registration Receipt Card with photograph (INS Form I-151 or I-551), Temporary Resident Card (INS Form I-688), Employment Authorization Card (INS Form I-688A), Reentry Permit (INS Form I-327), Refugee Travel Document (INS Form I-571), Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B).

Classified contracts require the issuance of a DD Form 254 (Department of Defense Contract Security Classification Specification).

(End of Clause)

AFARS 4.9002 CONTRACT REPORTING REQUIREMENTS

'Reporting of Contractor Manpower Data Elements'

(a) Scope. The following sets forth contractual requirements for reporting of contractor labor work year equivalents (also called Contractor Man-year Equivalents (CMEs)) in support of the Army, pursuant to 10 U.S.C. 129a, 10 U.S.C. 2461(g), Section 343 of P.L. 106-65, and 32 CFR 668. Reporting shall be accomplished electronically by direct contractor submission to the secure Army Web Site:

https://contractormanpower.us.army.mil. Information on the background, purposes, and significance of this reporting requirement, and the 32 CFR 668 Final Rule as published in the Federal Register, can be found at this Web Site. In addition, a Help Desk function, detailed instructions on what and how to report, FAQs, and a site demonstration are available. The Army's objective is to collect as much significant CME data as possible to allow accurate reporting to Congress and for effective Army planning. The reporting data elements should not be viewed as an "all or nothing" requirement. Even partial reporting, e.g., direct labor hours, appropriation data, place of performance, Army customer, etc., will be helpful.

https://contractormanpower.us.army.mil/�

H-3

(b) Applicability. This reporting requirement applies to services covered by Federal Supply Class or Service codes for "Research and Development," and "Other Services and Construction." Report submissions shall not contain classified information. (Also see "Exemptions" at (d) below.)

(c) Requirements. The contractor is required to report the following contractor manpower information, associated with performance of this contract action in support of Army requirements, for all covered contracts, to the Office, Assistant Secretary of the Army (Manpower and Reserve Affairs) (ASA(M&RA)), using the secure Army data collection web-site at https://contractormanpower.us.army.mil. (Other information requirements associated with the manpower data collection (contract and task or delivery order numbers; appropriation data and amounts; total estimated value of contract; federal supply class or service code; major Army organizational element receiving or reviewing work; beginning and ending date for reporting period; place of performance: name, address, and point of contract for contractor; etc.) are specified and explained at the web site.)

(1) Labor Hours. Composite direct labor hours and the value of those hours. Composite Indirect labor hours associated with the reported direct hours, and the value of those indirect labor hours plus compensation related costs for direct labor hours ordinarily included in the indirect pools.1

(2) Alternatively. Contractors may report two distinct, relevant (annualized) composite or average indirect labor rates in lieu of raw indirect labor hours and the value of those indirect hours. Such rates shall be annualized average estimates for the reporting contractor and need not be developed for each reporting period. Either method chosen should be consistently reported.

(d) Exemption(s). If the contractor is unable to comply with these reporting requirements without creating a whole new cost allocation system or system of records (such as a payroll accounting system), or due to similar insurmountable practical or economic reasons, the contractor may claim an exemption to at least a portion of the reporting requirement by certifying in writing to the Contracting Officer the clear underlying reason(s) for exemption from the specified report data element(s), and further certifying that they do not otherwise have to provide the exempted information, in any form, to the United States Government. The "self-exemption" will apply to all contract actions involving the contractor and will be reviewed and approved by the Deputy Assistant Secretary of the Army (Procurement), in coordination with the Deputy Assistant Secretary of the Army (Force Management and Resources), whose decision is final in this matter.

(e) Uses and Safeguarding of Information. The information submitted will be treated as contractor proprietary information when associated with a contractor name or contract number.

(f) Subcontract Data. The contractor shall ensure that all reportable subcontract data is timely reported to the data collection web site (citing this contract/order number). At the discretion of the prime contractor, this reporting may be done directly by subcontractors to the data collection site; or by the prime contractor after consolidating and rationalizing all significant data from their subcontractors.

(g) Report schedule. The contractor is required to report the required information to the ASA(M&RA) data collection web site generally contemporaneous with submission of a request for payment (for example, voucher, invoice, or request for progress payment), but not less frequently than quarterly, retroactive to October l' 1999, or the start of the contract/order, whichever is later. Deviation from this schedule requires approval of the Contracting Officer.

(h) Reporting Flexibility. Contractors are encouraged to communicate with the Help Desk identified at the data collection web site to resolve reporting difficulties. The web site reporting pages include a "Remarks" field to accommodate non-standard data entries if needed to facilitate simplified

1 Compensation costs are defined in the reporting instructions at the Army Web Site https://contortormanpower.us.army.mil/�

H-4 reporting and to minimize reporting burdens arising out of unique circumstances. Changes to facilitate reporting may be authorized by the Contracting Officer or the Help Desk (under HQOA policy direction and oversight).

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 7 days after expiration of the contract ORDERING period .

52.0236-4201 CONTRACTOR PERFORMANCE EVALUATIONS

In accordance with the provisions of Subpart 36.201(Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor’s performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $100,000.00, the USACE will evaluate contractor’s performance and prepare a performance report using the Construction Contractor Appraisal Support System (CCASS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CCASS requires specific software, called PKI certification, which is installed on the user’s computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site:

http://www.cpars.navy.mil/. If the Contractor wishes to participate in the performance evaluation process, access to CCASS and PKI certification is the sole responsibility of the Contractor.

http://www.cpars.navy.mil/�

I-1

Section I Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

SEP 2007

52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-7 Central Contractor Registration APR 2008 52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007 52.204-10 Reporting Subcontract Awards SEP 2007 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.215-2 Audit and Records--Negotiation JUN 1999 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Cost or Pricing Data OCT 1997 52.215-11 Price Reduction for Defective Cost or Pricing Data--

Modifications

OCT 1997

52.215-12 Subcontractor Cost or Pricing Data OCT 1997 52.215-13 Subcontractor Cost or Pricing Data--Modifications OCT 1997 52.215-15 Pension Adjustments and Asset Reversions OCT 2004 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications

OCT 1997

52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-2 Payment For Overtime Premiums JUL 1990 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

JUL 2005

52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2008 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-37 Employment Reports On Special Disabled Veterans, Veterans

Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-41 Service Contract Act Of 1965 NOV 2007 52.222-43 Fair Labor Standards Act And Service Contract Act - Price

Adjustment (Multiple Year And Option)

NOV 2006

52.222-46 Evaluation Of Compensation For Professional Employees FEB 1993 52.222-50 Combating Trafficking in Persons AUG 2007

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52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program AUG 2000 52.223-12 Refrigeration Equipment and Air Conditioners MAY 1995 52.223-14 Toxic Chemical Release Reporting AUG 2003 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-1 Utilization Of Indian Organizations And Indian-Owned

Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-3 Patent Indemnity APR 1984 52.227-14 Rights in Data--General DEC 2007 52.227-15 Representation of Limited Rights Data And Restricted

Computer Software

DEC 2007

52.227-16 Additional Data Requirements JUN 1987 52.227-19 Commercial Computer Software License DEC 2007 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-7 Insurance--Liability To Third Persons MAR 1996 52.229-1 State and Local Taxes APR 1984 52.229-4 Federal, State, And Local Taxes (State and Local

Adjustments)

APR 2003

52.230-2 Cost Accounting Standards OCT 2008 52.230-3 Disclosure And Consistency Of Cost Accounting Practices OCT 2008 52.230-6 Administration of Cost Accounting Standards MAR 2008 52.230-7 Proposal Disclosure--Cost Accounting Practice Change APR 2005 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-16 Progress Payments APR 2003 52.232-17 Interest OCT 2008 52.232-23 Assignment Of Claims JAN 1986 52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984 52.232-25 Prompt Payment OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Disputes JUL 2002 52.233-1 Alt I Disputes (Jul 2002) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.237-10 Identification of Uncompensated Overtime OCT 1997 52.242-3 Penalties for Unallowable Costs MAY 2001 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.243-7 Notification Of Changes APR 1984 52.244-2 Subcontracts JUN 2007

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52.244-5 Competition In Subcontracting DEC 1996 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-20 Warranty Of Services MAY 2001 52.246-23 Limitation Of Liability FEB 1997 52.248-1 Value Engineering FEB 2000 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

MAY 2004

52.249-2 Alt II Termination For Convenience Of The Government (Fixed Price) (May 2004) - Alternate II

SEP 1996

52.249-4 Termination For Convenience Of The Government (Services) (Short Form)

APR 1984

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.249-14 Excusable Delays APR 1984 52.251-1 Government Supply Sources APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.204-7006 Billing Instructions OCT 2005 252.215-7003 Excessive Pass-Through Charges--Identification of

Subcontract Effort

MAY 2008

252.227-7023 Drawings and Other Data to become Property of Government MAR 1979

CLAUSES INCORPORATED BY FULL TEXT

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of and shall not be binding until so approved.

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall--

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

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The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN

COST OR PRICING DATA (OCT 1997)

(a) Exceptions from cost or pricing data. (1) In lieu of submitting cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs.

The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for cost or pricing data. If the offeror is not granted an exception from the requirement to submit cost or pricing data, the following applies:

(1) The offeror shall prepare and submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408.

As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of provision)

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52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES

OR FEES (DEC 2004)

(a) Definition. As used in this clause--

United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to--

(1) Contractors and subcontractors that employ fewer than 15 persons;

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(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that--

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall--

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N- 5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

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THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

To be determined

52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987)

Except for data contained on pages to be determined, it is agreed that as a condition of award of this contract, and…