W912PP18R0029.pdf

CODE

(Hour)

PAGE(S)

until local time

X

A X B X C

D

EX

X G F 62 - 70

71 - 75 X H 76 - 101 erica.m.talley@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

DACA09 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

ERICA M TALLEY 505-342-3223

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 9

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

10 - 30 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 33 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 34 - 36 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

37 - 60

PART II - CONTRACT CLAUSES

DEPARTMENT OF THE ARMY

USAED, LOS ANGELES

ATTN: CONTRACTING DIVISION

P.O. BOX 532711

LOS ANGELES CA 90053-2325

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

13 Aug 2018

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912PP18R0029

4101 Jefferson Plaza NE 02:00 13 Sep 2018

W912PP18R0029

BLOCK 14 AMENDMENT CONTINUATION

ACKNOWLEDGEMENT SHEET

Block No. 14. Continuation Amendments (Number and Date of Acknowledgement)

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

No.:______________ Date:________________

**If necessary, this Continuation Sheet must be completed and submitted with the Offeror’s proposal.

# DISCIPLINE Base Hourly Rate

Fully Loaded Hourly Rate

Base Period Year

Fully Loaded Hourly Rate

Base Period Year

Fully Loaded Hourly Rate

Base Period Year

Fully Loaded Hourly Rate

Option Period 1/Year 4

Fully Loaded Hourly Rate

Option Period 1/Year 5

1 Contract Manager

2 Project Manager

3 Principal Investigator

4 Archaeologist

5 Senior Underwater Archeologist

6 Underwater Archeologist

7 Archaeological Technician I

8 Archaeological Technician II

9 Archaeological Technician III

10 Historian/ Military Historian

11 Architectural Historian

12 Historic Architect.

13 Senior Conservator

14 Staff Conservator

15 Physical Anthropologist

16 GIS Specialist

17 Clerical

18 Technical Editor

19 Photographer

20 Graphics Specialist

21 Cultural Anthropologist

22 Linguist

23 Remote Sensing Specialist

24 Geomorphologist (Archaeological)

25 Tribal Consultation Specialist (Senior)

26 Tribal Consultation Specialist (Junior)

27 Ethno‐Botanical Specialist

28 Traditional Cultural Properties (TCP) Specialist

29 National Environmental Policy Act Specialist (Senior)

30 National Environmental Policy Act Specialist (Mid)

31 National Environmental Policy Act Specialist (Junior)

Description Base Period

Year 1 Base Period

Year 2 Base Period

Year 3 Option Period 1

Year 4 Option Period 1

Year 5 Total Labor Overhead Rate* G&A Rate* Annual Escalation

*Must be substantiated by DCAA at a later time eCMRA Reporting (per Task Order) $

Rates/Markups (included in the Hourly Labor Rates shown in the table above):

• Offerors are to submit their labor rates for each of the ordering periods at the time of proposal submission.

• For each labor discipline, please annotate whether the disciplines provided is a Prime or Subcontractor.

• Labor disciple designated as “UXO” applies to task orders including MMRP incidental to ERS work.

Albuquerque District (SPA)

PRICE SCHEDULE

HOURLY LABOR RATES

Multiple Award Task Order Contract (MATOC) to provide Tribal Consultation, Cultural Resources, and Environmental Services to support the USACE Tribal Nations Technical Center of Expertise (TNTCX)

Multiple Award Task Order Contract (MATOC)

INDEFINITE-DELIVERY INDEFINITE-QUANTITY (IDIQ), MULTIPLE AWARD TASK ORDER

CONTRACT (MATOC) TO PROVIDE TRIBAL CONSULTATION, CULTURAL RESOURCES, AND

ENVIRONMENTAL SERVICES TO SUPPORT THE USACE TRIBAL NATIONS TECHNICAL CENTER

OF EXPERTISE (TNTCX), ALBUQUERQUE DISTRICT (SPA)

1. Use of the Words “Proposer” and “Offeror”: Whenever the word “Proposer” appears in the solicitation it shall be construed to have the same meaning as the word “Offeror.”

2. Availability of Plans and Specifications: This solicitation will be issued via Internet only. Notification of amendments shall be made via Internet only, as well. It is therefore the contractor’s responsibility to check the following address daily for any posted changes to this solicitation. For security reasons, all technical and engineering data related to this solicitation will be distributed using the Federal Business Opportunities (FBO) system. FBO is a web-based dissemination tool designed to safeguard acquisition-related information for all Federal agencies.

Interested bidders must register with FBO before accessing the system. Registration instructions can be found on the FBO website at www.fbo.gov by clicking on the “Register Now” hyperlink. Contractors registered with FBO may view and/or download this solicitation and all amendments from the Internet after solicitation issuance at this site.

3. Award of Contract: The Government intends to evaluate proposals and award a target of five (5) to ten

(10) Indefinite Delivery/Indefinite Quantity (IDIQ) contracts from this solicitation. If the Contracting Officer determines during the source selection process that fewer contracts should be awarded, based upon the selection criteria, the Contracting Officer has the discretion of adjusting that number, or awarding none at all.

The awarded IDIQs will be to a Small Business contractor pool and will share contract capacity not to exceed a total of $9,900,000.00 million. The contract awards resulting from this solicitation will go to the responsible Offerors whose offers conform to the solicitation criteria established in Section M, and are considered most advantageous to the Government, price and other factors considered. The Government may reject any or all offers if such action is determined to be in the best interest of the Government.

4. Proposal Receiving Information:

a) Proposals shall be received no later than 1400 hours (2:00 p.m.) Mountain Daylight Time on 13 September 2018. Mail all copies, as detailed in Section M, including all attachments to the following (as detailed in Block 9 of the SF 33):

U.S. Army Corps of Engineers, Albuquerque District ATTN: Contracting Division (Erica Talley) 4101 Jefferson Plaza NE Albuquerque, NM 87109-3435 Phone: (505) 342-3240 Fax: (505) 342-3496 E-mail: Erica.M.Talley@usace.army.mil

The Packaging that contains the Proposal shall be marked:

Proposal for Solicitation W912PP18R0029, DO NOT OPEN

Be sure to apply all appropriate markings including those prescribed in accordance with FAR 52.215-1(e), "Restriction on Disclosure and Use of Data."

b) Due to the security requirements at the U.S. Army Corps of Engineers, Albuquerque District Building, those Offerors who have their proposals hand-carried, it may take longer to be processed through security on this date. Therefore, please allow sufficient time for turning in your proposal.

*NO LATE PROPOSALS WILL BE ACCEPTED

5. Bidder Inquiry and Proposal Information

a) Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at www.projnet.org.

1. To submit and review bid inquiry items, bidders will need to be a current registered user or self register into the system. To self-register, go to the aforementioned web page and click on the BID tab.

Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

2. From this page, you may view all bidder inquiries or add inquiry.

3. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

4. The Solicitation Number is: W912PP18R0029 The Bidder Inquiry Key is: JYMRC9-RI2V36

b) The Bidder Inquiry System will be unavailable for new inquires 30 August 2018 at 5:00 PM Mountain Daylight Time in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

c) Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

d) The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

e) Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

6. WHO MAY SUBMIT PROPOSALS: Competition for this contract is restricted to Small Business contractors that are capable of performing under the NAICS code of 541620.

Firms submitting a proposal as a joint venture (JV) must ensure the following requirements are met:

a. Obtain a Tax Identification Number (TIN) for the joint venture.

b. Prepare the Section K, Representations and Certifications as a joint venture (e.g., providing the

TIN for the JV)

c. Register in the System for Award Management (SAM) as a joint venture in which a unique CAGE

Code will be obtained. See FAR Clause 52.204-7, System for Award Management and DFARS Clause 252.204-7004, Alternate A, System for Award Management, for further information in Section L.

d. Provide a copy of the JV agreement in the proposal submission.

7. System for Award Management (SAM) Registration:

The Offeror must ensure that its company’s data at the SAM website (www.sam.gov) is current per FAR Clause 52.204-7, System for Award Management and FAR Clause 52.204-13, System for Award Management Maintenance. (These clauses are in Section L of this RFP.)

8. Federal, State, and Local Taxes: The Offeror shall include all applicable federal, state and local taxes in the contract price. See FAR 52.229-3, Federal, State, and Local Taxes in Section I for additional information.

9. New Mexico Gross Receipts Tax (NMGRT): [For New Mexico task orders only]

The Offeror should be aware that NMGRT may be applicable to individual task orders/delivery orders placed under this contract and that the rate may vary for each county and city. The Gross Receipts Tax Rate is available from the New Mexico Taxation and Revenue Department, (505) 841-6200. The Gross Receipts Tax Rate is available at http://www.state.nm.us/tax/.

10. Instruction for Submission of the Price Proposal: See Section M Proposal Submission Requirements, Evaluation Criteria, and Basis of Award.

11. Amendments to the Request for Proposal: The right is reserved, as the interest of the Government may require, to revise the specifications both before and after the date set for receipt of offers. Such revisions, if any, will be announced by amendment(s) to the Request for Proposal. If the revisions and amendments are of a nature which require material changes in quantities, or prices offered, or both, the date set for receipt of offers may be postponed by such number of days as in the opinion of the Contracting Officer will enable the Offeror to revise the offer. In such cases, the amendment will include an announcement of the new date for receipt of offer.

12. Costs Related to Proposal Preparation: All costs related to proposal preparation, including travel, will be borne solely by the Offeror. The Government is not liable for any costs incurred by the Offeror submitting an offer in response to this solicitation. Issuance of this RFP does not constitute an award commitment on the part of the Government.

13. U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 385-

1-1 AND OSHA REQUIREMENTS

The successful contractor to this Request for Proposals will be required to comply with all pertinent provisions of the latest version of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation. EM 385-1-1 and its changes are available at http://publications.usace.army.mil/publications by selecting Engineer Manuals, EM 385-1-1 “Safety and Occupational Health”. The Contractor must also comply with Occupational Safety and Health Act (OSHA) standards. OSHA standards are subject to change. It is the Contractor's responsibility to maintain familiarity with current OSHA standards.

14. ZERO ACCIDENT PROGRAM

The Albuquerque District, in its continual pursuit of excellence in safety has established a goal of zero contractor injuries. To attain this goal it will be necessary for the Contractor management personnel to communicate to the workers an expectation of zero injuries; that it is no longer acceptable to take chances;

that shortcuts taken because of laziness or even while trying to do an efficient job are no longer welcomed;

that praise for shortcuts or chance-taking will not exist. It is imperative that Contractor management clearly sets forth the expectation for zero injuries so that the workers can begin to believe that the company is truly serious about safety. From the standpoint of worker psychology, zero is the only supportable goal.

In attaining zero-injury performance, there is no substitute for the concept of setting and communicating safety performance expectations to the workers.

15. RETENTION

The Government will retain all original proposals submitted in response to this Request for Proposals and will retain the extra copies of the successful technical proposal; the copies of the unsuccessful technical proposals will be destroyed.

16. CONTRACTOR PERFORMANCE EVALUATIONS

In accordance with the provisions of the Army Federal Acquisition Regulation (AFAR), Subpart 5142.15— Contractor Performance Information, the contractor’s performance shall be evaluated throughout the performance of the contract. For service contracts awarded at or above $1,000,000.00, USACE will evaluate contractor’s performance and prepare a performance report using the Contractor Performance Assessment Report (CPAR), which is a web-based system. After an evaluation (interim or final) is written by USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CPAR 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: https://www.cpars.gov/. If the contractor wishes to participate in the performance evaluation process, access to CPAR and PKI certification is the sole responsibility of the contractor.

OFFEROR’S CHECKLIST

Administrative Notice to Offerors. Before signing and submitting this proposal, please take note of the following administrative details, as failure to properly perform any one of these actions may cause your proposal to be rejected:

[ ] Have you acknowledged receipt of ALL solicitation amendments if applicable? If in doubt as to the number of amendments issued, please contact Erica Talley, Contract Specialist, at (505) 342-3223.

[ ] Have you completely filled out the Price Schedule for Hourly Labor Rates?

[ ] If any of the solicitation amendments involved changes to the proposal schedule, did you use the amended schedule for submitting your proposal?

[ ] Have you completed Section K, Representations and Certifications?

[ ] Will your proposal arrive on time in the correct format? Your offer MUST be submitted in accordance with the Proposal Submission Requirements, Evaluation Criteria, and Basis for Award section in the solicitation to the Contract Specialist above.

[ ] Have you reviewed your proposal for possible errors in calculations or work left out?

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT (PWS)

FOR

INDEFINITE-DELIVERY INDEFINITE-QUANTITY (IDIQ), MULTIPLE AWARD TASK ORDER

CONTRACT (MATOC) TO PROVIDE TRIBAL CONSULTATION, CULTURAL RESOURCES, AND

ENVIRONMENTAL SERVICES TO SUPPORT THE USACE TRIBAL NATIONS TECHNICAL CENTER

OF EXPERTISE (TNTCX), ALBUQUERQUE DISTRICT (SPA)

PART 1

GENERAL INFORMATION

1.0 Introduction: This is a non-personal services contract to provide the Tribal Nations Technical Center of Expertise (TNTCX), Albuquerque District (SPA) and its customers Tribal consultation and cultural resources, and other support. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the primary contractor who, in turn is responsible to the Government.

1.1 Description of Services: In general, each task order awarded under this MATOC shall provide non-personal services necessary to perform Tribal Consultation and Cultural Resources support as defined in each task order Performance Work Statement (PWS).

1.2 Background: The TNTCX has identified the need for an IDIQ to access contractors with specialized skills and to work as a force multiplier to address and meet the Tribal consultation needs of its customers. Tribal consultation brings unique requirements such as meeting facilitation, agreement document production, traditional cultural properties assessments, ethno-botanical studies, and various cultural resources management services. These services require contractors with specialized knowledge and capabilities that can provide deliverables to TNTCX customers in a timely matter, so as to quickly address Tribal concerns and comments.

1.3 Objectives: The objective of this IDIQ is to support TNTCX customers to efficiently fulfill their Tribal consultation requirements and enhance their trust relationship with Tribal partners by providing quality deliverables and efficient consultation products.

1.4 Scope: Services provided under this IDIQ will focus on the TNTCX customer Tribal meeting facilitation, Tribal consultation support, memorandum of agreement (MOA) support, memorandum of understanding (MOU) support, Programmatic Agreement support, traditional cultural properties studies, ethno-botanical studies, cultural resources survey, cultural resources assessment, cultural resources mitigation, maritime archaeological resources survey, maritime archaeological resources assessment, maritime archaeological resources mitigation, Archaeological Resources Protection Act (ARPA) investigation support, National Historic Resources Protection Act (NHPA) compliance support, artifact analysis, curation services, Geographic Information System (GIS) support, Historic Property Management Plans (HPMP), Integrated Cultural Resource Management Plans (ICRMP), cemetery management plans, consultation and cultural resources, National Environmental Policy Act (NEPA), and planning documents for various customers both CONUS and OCONUS as it relates to Tribal Nations support.

1.5 Period of Performance: The MATOC period of performance shall be for a base period of one year and four single year option periods. Total length of the contract, including the option periods, will not exceed five (5) years from date of contract award.

1.6 General Information:

1.6.1. Contract Capacity: The shared contract capacity for all MATOCs combined including all subsequent task orders shall no exceed $9,900,000.00. The minimum guarantee amount for each MATOC is $2,500.00.

1.6.2 Place of Performance: The work to be performed under this contract will be performed for TNTCX customer both CONUS and OCONUS.

1.6.3 Type of Contract: This MATOC is Firm Fixed-Price (FFP). FFP project specific task orders will be issued under the basic contract and for the option period. Exercising any option period is at the Government’s discretion.

1.6.4 Hours of Operation: The Contractor shall not be responsible for conducting business when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Recognized Holidays: The following holidays are recognized as Federal holidays and Government offices will not be open.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.7 General: The Contractor, operating as an independent Contractor and not as an agent of the Government, shall provide all labor, materials, facilities, transportation and equipment to perform all work identified in each individual task order. The Contractor may be required to perform work under multiple task orders at different sites simultaneously. The Contractor shall be cognizant of all appropriate laws, regulations, and guidance. The Contractor shall ensure that all work activities performed by his personnel, subcontractors and suppliers are executed as required by these laws and regulations. Any incident of noncompliance noted by the Contractor shall immediately be brought to the attention of the Contracting Officer (KO) and/or the Contracting Officer's Representative (COR) by written notice. Nothing in this contract shall relieve the Contractor of the responsibility to comply with these laws and regulations. Any conflicts between laws/regulations and contract/task order requirements shall be brought to the attention of the KO and/or COR.

1.8 Performance-Based Task Orders/Contracts: Performance-based service tasks orders/contracts:

Describe the requirements in terms of results required rather than methods of performing the work;

Use measurable performance standards (e.g., terms of quality, timeliness, quantity, etc.);

Specify procedures for reductions in fee and/or price for deficient services; and Include performance incentives/disincentives where appropriate

Performance-based contract methods are intended to ensure that required performance quality levels are achieved and that the Government’s total payment is commensurate with the quantity and quality of services received.

Performance-based task orders with a task order specific Quality Assurance Surveillance Plan (QASP) will be issued in accordance with (IAW) Federal Acquisition Regulation (FAR) 37.102.

1.9 Prosecution of the Work: The Contractor shall furnish sufficient technical supervisory and administrative personnel at all times to ensure prosecution of the work in accordance with the contract and task orders issued under the basic contract. The Contractor shall ensure that the work is executed in a professional manner and is prosecuted vigorously. The Contractor shall be responsible for checking all data, notes and other work products to verify the work intent and scope of work have been met. The description of work stated herein provides a general understanding of the Contractor functions to be performed. Individual task orders will contain the specific performance based requirements. Technical requirements described herein in no way limit the activities that may be required under the terms of this contract.

1.10 Work Authorizations: Any work done without being directed to do so, in writing, by the Contracting Officer (KO) will be done at the Contractor's own risk. Work beyond the original scope shall be accomplished only at the direction of the KO. The Contractor shall not proceed or initiate any successor level of work prior to receipt of approval of the preceding level.

1.11 Permits: The Contractor shall obtain all permits and licenses necessary to conduct the work required by this Contract including, but not necessarily limited to, environmental permits, building permits, licenses or compliance documents necessary to meet all Federal, State and local laws, regulations or ordinances. Rights of Entry (ROE) on and off private, State and Federal property may be required, and if required, is the responsibility of the Contractor.

1.12 Quality Control (QC): The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS and task order PWSs. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which he/she ensures that his/her work complies with the requirement of the contract. The Contractor shall provide the Government a copy of their QC plan when requested.

1.13 Quality Assurance (QA): The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan included with each task order. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum satisfactory performance threshold.

1.14 Security: The Contractor shall be responsible for safeguarding all Government equipment, information, and property provided for Contractor use.

1.15 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Contracting officer (KO), Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the KO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.16 Contracting Officer Representative (COR): The COR will be identified by separate letter for task order.

The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract;

perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government Furnished Property (GFP); and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.17 Contractor Travel: Contractor Travel: Contractor will be required to travel CONUS and OCONUS during the performance of this contract to perform work attend meetings, conferences, and training. The contractor may be required to travel to off-site work locations and to ship required equipment and training aids to these locations in support of this PWS. Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR). All travel requires Government approval/authorization and notification to the COR.

1.18 Data Rights: The Government has unlimited rights to all documents/material produced under this contract.

All documents and materials, to include the source codes of any software, produced under this contract shall be the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.19 Ordering: To clarify the contract clause "Ordering" the following shall apply:

1.19.1 Services for each task order may be requested via e-mail. Inquiries for expressions of interest regarding Task Order Requests for Proposals will be issued by the Contracting Officer or authorized representative(s). Any type of request for proposal shall not be interpreted as a Notice to Proceed with the work.

1.19.2 Contractors will be given a fair opportunity to be considered for each task order in excess of $3,500.00 (per FAR 16.505(b)(1) unless circumstances per FAR 16.505(b)(2)i apply. The Government’s Request for Proposals (RFPs) for individual task orders placed under this MATOC will delineate (1) general scope work; (2) location of work; (3) character and extent of services; (4) technical requirements which supplement or complement those contained in this section of this basic contract; (5) time period(s) within which the work must be accomplished; and

(6) specific deliverable items.

1.19.3 Contractors shall submit proposals in accordance with the instructions provided in the task order RFP. The selected Contractor may be selected based on either Best Value selection procedures in accordance with FAR 15 (formally or informally), or as directed in the RFP. Additionally, unless specified in the RFP, the MATOC contractors will not be compensated for any costs associated with site visits or proposal preparation.

1.19.4 Each awarded task order will contain the agreed to scope of work / performance work statement, type(s) of services(s) to be performed, specific deliverable items, and the negotiated fixed price cost for performing the work.

To change task order requirements, a modification may be issued at any time prior to final payment of the task order by the Government. No changes or corrections to a Task Order will be affected, or accepted by the Government, without the Contracting Officer’s issuance of a written modification to the Task Order. The Contractor is not to assume any adjustments to the Task Order in any form, until or unless a modification is issued.

1.19.5 Alternatively, all awardees need not be given an opportunity to be considered for a particular task order if the Contracting Officer determines that any of the following Exceptions to the fair opportunity process (FAR 16.505 (b)(2)i) apply:

(A) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

(B) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

(C) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(D) It is necessary to place an order to satisfy a minimum guarantee.

(E) For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

(F) In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

The Contracting Officer may make his/her determination regarding which Contractors are best suited for task order award based on the complexity, Contractors’ skills base, past performance, and necessity and flexibility for fulfillment of guaranteed minimum amounts and ability to meet scheduled fieldwork timeframe. The Contracting Officer need not contact each Contractor before selecting an awardee for an individual task order if the Contracting Officer has sufficient information available to ensure fair consideration and best value to the Government. Accordingly, the Contracting Officer may make a task order award to a particular Contractor without further competition.

Justification for an exception to fair opportunity shall be in writing as specified in FAR 16.505 (b)(2)(ii)(A) or (B).

No justification is needed for the exception described in FAR 16.505(b)(2)(i)(F).

1.19.6 Per FAR 16.505(b)(8) A Task Order and Delivery Order Contract Ombudsman is responsible for review of complaints to ensure that all contractors are afforded a fair opportunity to be considered, consistent with the procedures set forth in the contract. The ombudsman for Task Orders awarded under this contract is the Principal Assistant Responsible for Contracting – Dallas (PARC-Dallas) and may be reached at the following address:

U.S. Army Corps of Engineers, Headquarters National Contracting Organization Attention: CECT-DAL (USACE Dallas Ombudsman) 1100 Commerce Street, Suite 840 Dallas, Texas 75242-0216

1.19.7 Per FAR 16.505(a)(10)(i), no protest under FAR 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task order contract except for (A) A protest on the grounds that the order increases the scope, period, or maximum value of the contract or (B) For DoD, NASA, or the Coast Guard, a protest of an order in excess of $25 million (10 U.S.C. 2304c(e)).

1.20 Safety:

1.20.1 U.S. Army Corps of Engineers’ Safety and Health Requirements Manual, EM 385-1-1 and OSHA Requirements: The contractor will be required to comply with all pertinent provisions of the latest version of the U.S.

Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the contract award. EM 385-1-1 and its changes are available at http://publications.usace.army.mil/publications by selecting Engineer Manuals, EM 385-1-1 “Safety and Occupational Health”. The Contractor must also comply with

Occupational Safety and Health Act (OSHA) standards. OSHA standards are subject to change. It is the Contractor's responsibility to maintain familiarity with current OSHA standards.

1.20.2 Zero Accident Program: The South Pacific Division, in its continual pursuit of excellence in safety has established a goal of zero contractor injuries. To attain this goal it will be necessary for the contractor management personnel to communicate to the workers an expectation of zero injuries; that it is no longer acceptable to take chances;

that shortcuts taken because of laziness or even while trying to do an efficient job are no longer welcomed; that praise for shortcuts or chance-taking will not exist. It is imperative that contractor management clearly sets forth the expectation for zero injuries so that the workers can begin to believe that the company is truly serious about safety.

From the standpoint of worker psychology, zero is the only supportable goal. In attaining zero-injury performance, there is no substitute for the concept of setting and communicating safety performance expectations to the workers.

1.20.3 Safety and Health Program (SHP): The Contractor performing task order requirements is required by regulation to develop and maintain a written safety and health program in compliance with the requirements of Occupational Safety and Health Administration (OSHA) standard 29 CFR 1920.120 (b), 29 CFR 1926.65(b). Existing written safety and health programs are acceptable if they are modified to cover the criteria found in EM 385-1-1.

1.20.4 Site Safety and Health Plan (SSHP): The SSHP shall describe the safety and health procedures, practices, and equipment to be implemented and utilized in order to protect affected personnel from the potential hazards associated with the site-specific tasks to be performed. The level of detail provided in the SSHP shall be tailored to the type of work, complexity of operations to be accomplished, and the hazards anticipated. In all cases, however, all topics required by OSHA Standard, 29 CFR 1910.120 (b) (4), 29 CFR 1926.65(b)(4), and those elements listed and described in ER 385-1-92 shall be addressed in the SSHP on a site-specific basis. The SSHP must be approved by the Government before work begins.

1.21 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. When applicable contractor personnel will be required to obtain and wear badges in the performance of this service.

1.22 Other Direct Costs: This category includes travel (outlined in 1.6.13), reproduction, field supplies, equipment rental, curation supplies, as well as, shipping expenses and logistical costs associated with work and training activities. It could also entail the renting of suitable training and curation venues.

1.23 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

PART 2

DEFINITIONS & ACRONYMS

2.0 Definitions and Acronyms:

2.1 Definitions:

2.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

2.1.3 Contracting Officer’s Representative (COR): An employee of the U.S. Government appointed by the Contracting Officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 Defective Service: A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5 Deliverable: Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.8 Quality Assurance (QA): The Government procedures to verify that services being performed by the contractor are performed according to acceptable standards.

2.1.9 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10 Quality Control (QC): All necessary measures taken by the contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12 Work Day: The number of hours per day the contractor provides services in accordance with the contract.

2.1.12 Work Week: Monday through Friday, unless specified otherwise.

2.2 Acronyms:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AIRFA American Indian Religious Freedom Act AR Army Regulation ARPA Archaeological Resources Protection Act CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense ESA Endangered Species Act FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 HPMP Historic Property Management Plan KO Contracting Officer NEPA National Environmental Policy Act NHPA National Historic Preservation Act NPS National Park Service NRHP National Register of Historic Places ICRMP Integrated Cultural Resources Management Plan OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs

PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TCP Traditional Cultural Property TE Technical Exhibit TNTCX Tribal Nations Technical Center of Expertise USACE U.S. Army Corps of Engineers

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.0 Government Furnished Items and Services:

3.1 Services: When applicable the Government will provide staff to assist contractors with accessing work areas on Federal property and access for conducting background research at Federal facilities.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.0 Contractor Furnished Items and Responsibilities:

4.1 General: The contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Materials: The contractor shall furnish materials, supplies, and equipment necessary to meet the requirements under this PWS.

4.3 Government Safety Requirements: The contractor shall submit their written Accident Prevention Program to the Contracting Officer for evaluation and acceptance. The plan must be submitted and approved before any on-site work begins.

4.4 Contractor Manpower Reporting (CMR): The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for USACE via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address www.ecmra.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at: dod.ecmra.support.desk@mail.mil.

Contractor User Guide is available at https://www.ecmra.mil/help/help.html.

PART 5

SPECIFIC TASKS

5.0 Specific Tasks:

5.1 Basic Services: The contractor shall provide services for

5.1.1 Cultural Resource Assessment. Conduct historic and archival literature research to determine the potential for archeological sites, standing structures, and any other cultural resources on and near an identified area.

Land use history may also be required, and a physical examination of a sample of the project area may be necessary to allow formulation of cultural resource site sensitivity. Historical overview is often an important aspect of this work.

5.1.2 Cultural Resource Reconnaissance. The intent and purpose of this level of investigation is to review records and literature pertinent to a given area. Review of site records, maps, and any other existing information on an area is required. A physical examination of a sample of the project areas is also required; however, the location of new sites is not the main emphasis of this level of work. Historical overview is an important aspect of this work, as is cultural resource site sensitivity. The contractor will be tasked with obtaining any state of federal permits required to conduct work as required by each task order.

5.1.3 Cultural Resource Phase I Survey--Terrestrial. The intent and purpose of this service is a complete examination of a designated area to identify the locations of all cultural resources. This would include inspection and verification of previously recorded resources as well as locating and delineating previously unknown historic properties. Phase I surveys can be directed toward locating archeological sites, initial examinations of existing buildings, structures, other aspects of the built environment, or objects within a project area. This survey is accompanied by a review of existing records and literature pertaining to the survey area.