W912WJ18R0021_Solicitation.pdf

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until 02:00 PM local time 09 Oct 2018

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51 - 57 X H 58 - 63 elizabeth.k.glasgow@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)

1 62

(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.

W912WJ 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 3 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

696 Virginia Rd, Concord, MA conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

ELIZABETH K GLASGOW 978-318-8671

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

3 - 12 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 15 - 18 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

19 - 29

PART II - CONTRACT CLAUSES

U S ARMY ENGR DISTRICT, NEW ENGLAND

696 VIRGINIA RD

CONCORD MA 01742-2751

978-318-8207FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

30 - 43

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

13 Aug 2018

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912WJ18R0021

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job SB Environmental Consulting IDIQ

FFP

Contractor shall provide all labor, materials, parts and equipment to perform Environmental Planning and Consulting Services Indefinite Delivery/ Indefinite Quantity Type Contract for Various Projects Located throughout the Northeastern United States.

FOB: Destination

NET AMT

Section C - Descriptions and Specifications

GENERAL INFORMATION

The contract shall be for a 5 year period and the total amount of the contract shall not exceed $5,000,000.00.

After award of the IDIQ contract, work will be issued through negotiated task orders on a firm-fixed price basis.

Specific task and pricing information for work to be performed under this contract shall be included in each negotiated Task Order.

The Government is obligated to satisfy a minimum guaranteed amount of not less than $25,000 over the life of the contract.

Contractors are to complete and submit a Certificate of Corporate authority of the signing representative with Volume II of their proposal (see Section J).

Contract Manpower Requirement The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract to include all task orders and modifications (this only applies to work performed on a Army Installation) . The contractor is required to completely fill in all the information in the format described at the following web address: https://cmra.army.mil. This website address includes links to a helpdesk and a user's manual. As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. The reporting period will be from the beginning of the period of performance until 30 September of each government fiscal year, not to exceed 12 months and must be reported by 31 October of each calendar year. The awarded contract shall include A contract line item number (CLIN) for the Base period that shall cover cost if any for the initial CMR database setup and the annual requirement for CMR reporting.

Further information and frequently asked questions are located at the following website:

https:cmra.army.mil/Login.aspx . The contractor may choose to price or not separately price for this requirement.

See line items for specific CLIN information.

SECTION C

SECTION C

Environmental Planning and Consulting Services Indefinite Delivery/ Indefinite Quantity

Small Business Contract for

Various Projects Located Throughout the Northeastern United States

1. AUTHORIZATION

1.1 National Environmental Policy Act of 1969 (NEPA) (Public Law 91-190;

83 Stat. 852; 42 U.S.C.4331 et seq.).

1.2 Specific project authorizations will vary by project.

1.3 Corps of Engineers Regulations ER 1105-2-250 and ER 200-2-2.

1.4 Department of Army Regulations AR-200-1 and AR-200-2.

2. GENERAL INFORMATION

2.1 One Contractor will be awarded a contract with the capability to use either civil works or military funds for each Task Order executed under this contract.

2.2 The location of services to be performed under this contract shall be primarily in the Northeastern United States and adjacent waters, including but not limited to areas currently covered by the U.S. Army Corps of Engineers North Atlantic Division’s (NAD) civil and military works boundaries. Also, areas covered in strategic partnerships between NAD and other Corps of Engineers operational elements and Federal agencies as necessary to support regionally conducted business and coordinated delivery of services.

2.3 The services to be provided under this contract consist of those required to support the environmental assessment, policy, and resource management and protection responsibilities of the New England District (NAE) in cooperation with NAD, other Corps of Engineers operational elements and Federal agencies.

2.4 A list of potential tasks to be performed under this contract is presented in Section 3 below (General Statement of Services).

2.5 Representative projects currently being executed under similar contracts include:

Physical, chemical and biological testing programs in support of dredge material suitability determinations for numerous navigation projects, oceanographic surveys in support of the Disposal Area Monitoring System (DAMOS) Program and Planning Division projects, and cultural resource investigations in both upland and aquatic environments.

2.6 Projects to be executed under this Contract will be described in detail, including (as necessary) photographs, maps, specifications, and design requirements in the performance work statement accompanying each individual Task Order issued hereunder.

2.7 The objectives and milestones for each Task Order are developed through negotiation between the NAE Project Manager and the Contractor to gain a clear understanding of the specific issues to be addressed and to design the most effective approach to complete the task.

As the specific problems addressed by environmental projects are often complex and as updated/new evaluation methods and analyses are continually being developed, the Contractor must remain current on latest work requirements performed under this contract in coordination with NAE.

3. GENERAL STATEMENT OF SERVICES

The Contractor shall provide services pursuant to scopes of work contained in Task Orders executed under this contract. Task Orders may be issued for, but are not limited to, the tasks described below.

3.1 Perform oceanographic surveys in support of NAE’s navigation, planning, and environmental monitoring programs. This includes collection of precision multibeam bathymetry, side-scan sonar, backscatter, and sub-bottom profiling data at harbors and coastal sites. Monitoring surveys will also be performed at dredged material placement sites in both state and federal waters throughout the NAE region.

3.2 Conduct field operations, laboratory testing, and analyses to evaluate environmental conditions for dredging projects including physical and chemical analysis of sediments to be dredged according to the guidance set forth in the Regional Implementation Manual (RIM) and the most up to date analytical protocols. Laboratory facilities must possess National Environmental Laboratory Accreditation Program (NELAP) certification and have an approved Laboratory Quality Assurance Plan (LQAP) on file with NAE. All analytical data deliverables shall conform to the guidance provided in Attachment 1.

3.3 Provide laboratory and field equipment (including boats, camera equipment, and sampling gear) and/or technical support personnel to conduct environmental studies and associated activities in marine, freshwater and terrestrial environments. Environmental studies may include endangered species surveys in addition to the tasks outlined in Sections 3.1 and 3.2

3.4 Perform archaeological surveys for identification, evaluation, and data recovery of cultural resources at underwater and terrestrial sites. Methods used and reports produced must meet the standards outlined in the Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation (48 FR 44716 September 29, 1983) and Army Regulation 420-40 or service equivalent for all work done on military installations. Marine investigations must comply with the Bureau of Ocean Energy Management’s Guidelines for Providing Archeological and Historic Property Information (March 2017).

3.5 Generate and/or maintain databases for the storage and access of analytical and geospatial data and information. Develop concise data reports to summarize and present findings from the environmental and cultural studies noted above. All GIS deliverables shall conform to the guidance provided in Attachment 2.

4. SAFETY AND HEALTH

Any field investigations conducted under the scope of this contract shall require the Contractor to prepare an Accident Prevention Plan (APP) specific to the activities being performed. All work shall be conducted in accordance with the APP, the U.S. Army Corps of Engineers Safety and Health requirements Manual (EM 385-1-1, most recent edition), and all applicable Federal, state, and local safety and health requirements. A copy of EM 385-1-1 can be accessed electronically at Headquarters USACE website under publications using the following link: http://www.usace.army.mil/library/.

In addition to general fieldwork, this contract may require contaminated site investigation work. The Contractor shall have an ongoing Safety and Health Program meeting the requirements of the OSHA standard, 29 CFR 1910.120, "Hazardous Waste Operations and Emergency Response." The Contractor's Safety and Health Program will be evaluated by the Safety Office and must be submitted within 30 days after award of the Contract. The Contracting Officer, after award of the Contract, must approve this program. The Contractor shall incorporate any additions or revisions required by the Contracting Officer at no cost to the Government.

4.1 Accident Prevention Plan: The Contractor’s APP shall detail how safety and health will be managed during the project. The APP shall address the requirements of applicable Federal, state and local safety and health laws, rules, and regulations. The Contractor shall comply with Federal Acquisition Regulation Clause No. 52.236-13 for Accident Prevention, which is added by reference. Special attention shall focus on the requirements of EM 385-1-1, including all updates, specifically Section 01.A.11 through 01.A.18, Figure 1-2 AHA, and Appendix A, (Minimum Basic Outline for Accident Prevention Plan). The APP shall be developed by a qualified person. The Contractor shall be responsible for documenting the qualified person’s credentials. Work shall not proceed until the APP has been reviewed by the Government Designated Authority (GDA) and deemed acceptable for use on the project.

The Contractor’s APP shall interface with the Contractor's overall safety and health program. Any portions of the Contractor's overall safety and health program referenced in the APP shall be included in the applicable APP element and made site-specific.

4.1.1 Activity Hazard Analysis: As part of the APP the Contractor shall prepare an Activity Hazard Analysis (AHA) for each major phase of work. A major phase of work is defined as an operation involving a type of work presenting hazards not experienced in previous operations or where a new subcontractor or work crew is to perform the work. The analysis shall define all activities to be performed, identify the sequence of work, the specific hazards anticipated, and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level. Work shall not proceed on a phase of work until the AHA has been accepted by the GDA. A preparatory meeting shall be conducted by the Contractor to discuss the AHA contents with all engaged in the activity. The preparatory meeting shall be conducted by the prime contractor and shall include all subcontractors and Government on-site representatives.

The AHA shall be continuously reviewed and revised to address changing site conditions or operations as appropriate.

4.1.2 Site Safety and Health Plan: As part of the APP the Contractor shall prepare a Site Safety and Health Plan (SSHP) whenever a site visit is to be conducted in a contaminated or potentially contaminated area. The SSHP shall cover the 14 elements identified in EM385-1-1, Section 28.A.02.b. The SSHP shall be attached to the APP as an appendix. SSHP elements adequately covered elsewhere in the APP need not be duplicated again in the SSHP.

4.2 Responsibility: The overall responsibility for the development, implementation and continued enforcement of the Contractor's Safety and Health Program and APP lies with the Contractor. The Government considers the Prime Contractor to be the "controlling authority" for safety and health of the subcontractors. Contractors are responsible for informing their subcontractors of the safety provisions under the terms of the contract, the penalties for noncompliance, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out.

4.2.1 The Contractor shall utilize the services of an experienced Certified Industrial Hygienist (CIH) to implement and oversee the Safety and Health Programs and to develop, implement and sign all SSHPs. The CIH shall be further utilized as needed to develop and implement (or assist in development and implementation) of all APPs. Any changes to the established Safety and Health Program or SSHPs shall be at the direction and approval of the CIH, with concurrence of the Government Designated Authority. Changes to established APPs shall be at the direction and approval of the Contractor’s designated qualified person, with CIH review and approval as deemed necessary. The CIH will not necessarily be required to be on site during site visits, but shall be readily available for consultation when required.

4.2.2 In addition, the Contractor shall utilize a trained, experienced Site Safety and Health Officer (SSHO) to assist and represent the CIH in the continued implementation and enforcement of the approved APP's. A SSHO shall be assigned during each site visit on a full-time basis and shall be either a Contractor employee or a subcontractor who reports to the Contractor and the CIH in matters pertaining to site safety and health. The SSHO shall have the on-site responsibility and authority to modify and/or remove personnel from the site if conditions exist which may affect on-site/off-site safety and health. The SSHO shall be the main contact for any on-site emergency situation. Except in an emergency, the SSHO may modify the approved APP only after consultation and concurrence of the CIH and the Contracting Officer.

4.3 Accident Reporting: All accidents and near misses shall be investigated by the Contractor. All work-related recordable injuries, illnesses and property damage accidents (excluding on-the-road vehicle accidents), in which the property damage exceeds $2,000.00, shall be verbally reported to the GDA within 24 hours of the incident. Serious accidents as described in EM 385-1-1 Section 01.D.02 shall be immediately reported to the GDA. ENG Form 3394 shall be completed and submitted to the GDA within five working days of the incident.

The Contractor shall complete the “USACE Contractor Monthly Summary Record of Injuries/Illness and Work Hour Exposure” provided in Attachment 3 (for prime and its subcontractors) and forward the completed form to the GDA no later than close of business on the 10th calendar day of the following month. The method of transmission by the prime contractor to the GDA shall be electronically.

5. COORDINATION AND EXECUTION OF WORK.

5.1 Throughout the duration of this contract it is essential that close coordination be maintained for the proper administration of contract services. The Contracting Officer and the Contractor will each designate, by name and position, the respective individuals to serve in those coordinating positions. The primary representative of the Contracting Officer will be known as the Program Manager (currently, the Chief of the Environmental Resources Section or his designee). Each Task Order will have a Project Manager, who will provide technical direction to the Contractor. The Contractor will inform the Contracting Officer in writing of the name and title of their primary representative and changes to that position.

5.2 All work shall be in accordance with the written instructions furnished by the Contracting Officer.

5.3 The Contractor shall make any corrections at their own cost to the work accomplished hereunder, as may be required because of errors and omissions on the part of the Contractor.

5.4 The Contractor shall furnish to the Project Manager, monthly reports on the progress of work to date, along with the below described invoices. The Contractor and Corps Program Manager shall meet monthly at the New England District Corps of Engineers to discuss work progress and issues.

5.5 The Contractor shall submit monthly invoices and estimated accruals for work to date on each Task Order. Invoices shall reference the Contract Number and Task Order Number, the project title and the Corps project manager’s name. The Contractor shall be responsible for the accuracy of invoices. Incorrect invoices may be returned for correction. The Contractor will submit a completed ENG Form-93, with each invoice if required.

5.6 Except under very unusual circumstances, professional supplies/services categories shall include the use of basic equipment essential to work typical to that discipline in the hourly rate (e.g., a wetlands scientist will have access to waders at no additional cost to the Government, all professionals will have access to standard computer, internet and e-mail resources and business software at no additional cost to the government).

5.7 Proposals submitted by the Contractor in response to statements of work provided by the Government shall indicate, individually, the supplies/services cost estimate for each separate task, including project management, described in the performance work statement.

5.8 The Contractor shall use standard field and library research methods, including search of data at local sources and government agencies.

5.9 The Contractor shall use the following supplies/services category guidelines in preparing estimates:

5.9.1 Technician level shall be used for routine, repetitive tasks such as preparation of samples, sorting benthic invertebrate samples, supervised field data collection, literature searches, and data entry.

5.9.2 Junior level shall be used for tasks involving less complex analyses such as evaluating direct impacts to resources, routine field data collections, and mob/demob of equipment.

5.9.3 Mid-level shall be used for the majority of tasks where an average level of complexity exists such as routine manipulation and analysis of data, identification of direct and secondary effects of projects, mapping of resources, routine wetland delineations, typical regulatory evaluations, and drafting of reports.

5.9.4 Senior level shall be used to direct and design programs and to perform complex analyses requiring a high level of expertise in the discipline such as analyses of environmental effects where existing data and procedures is lacking, design of sophisticated water quality monitoring programs, delineation of wetland boundaries in disturbed or problem areas, unusual identifications of fauna and flora, and preparation of synthesis sections of reports and overall report editing.

5.9.5 Expert level (i.e. a nationally recognized expert in a field with an advanced degree) shall be used for consulting tasks or expert level document review and commenting.

6. SPECIAL REQUIREMENTS.

6.1 This is an indefinite delivery indefinite quantity contract for the services specified in each Task Order. Services shall be performed only as authorized by Task Orders issued hereunder by the New England District, Corps of Engineers, in accordance with the Special Contract Requirement entitled "ORDERING."

6.2 The investigations to be ordered in the course of this contract shall be no more than 5 million dollars over a 5 year period. The Government’s minimum obligation is $25,000 in services over the life of the contract.

6.3 All compilations of literature reports and data concerning the study area shall be delivered to the Project Manager, at the appropriate NAE office.

6.4 The Contractor shall continue working during review periods.

6.5 The Contractor's professional staff, including principals of the firm, professional and technical personnel, who will be associated with the preparation of reports must have the technical knowledge and be prepared to support the reports in case of a trial court action, and be witnesses for the Government.

6.6 The Contractor shall provide staff in all technical field positions with OSHA required training for work on hazardous and toxic waste sites and involved in a medical surveillance program.

6.7 The Contractor's laboratories must have an approved Laboratory Quality Assurance Plan (LQAP) on file with NAE to perform work under the dredged material Ocean Disposal and Inland Testing Manuals; have National Environmental Laboratory Accreditation Program (NELAP) certification; and have the ability to provide 24 hour turn-around on sample analysis if needed.

6.8 When site visits are conducted at a military installation, the Contractor shall comply with all security requirements of that installation.

6.9 The Contractor shall be familiar with the northeastern United States' environmental laws, regulations, policies and procedures, as well as Federal regulations, laws policies and procedures for the conductance of all work.

6.10 The Contractor shall submit a tally of man/hours worked on all Task Orders under this contract to the Contracting Officer on a monthly basis.

6.11 Archaeological and historical components should report the type of computer system they use to record artifacts, and the software and GIS systems or other technological support systems they use on a regular basis as well as the national systems used (Park Service, Military, etc.).

6.12 The Contractor will be connected to the Internet and provide NAE with Internet addresses for person(s) working on each Task Order.

6.13 The Contractor will use automated Critical Path scheduling systems such as Microsoft Project, Primavera and Micro Planner and will be able to provide updated electronic and paper schedules as needed.

7. PERIOD OF SERVICE. The Contractor shall complete and submit the work under each Task Order within the specified periods of service.

8. DRAFT AND FINAL REPORTS. The Contractor shall provide copies of reports for each Task Order in draft form followed by three copies in final form after NAE comments have been incorporated unless otherwise specified in the Task Order. Each project shall have an electronic deliverable consisting of all submittals, deliverables, graphics and final products as identified in the Statement of Work. These electronic deliverables will be suitable for posting on a website and final payment will not be authorized on each task order until the electronic deliverable is received and functioning on the New England District web server or data warehouse.

9. SECURITY. The Contractor shall be responsible for security and monitoring at the installations setup by the Contractor. Security at the installation shall be adequate to insure timely data collection to satisfy the provisions of this contract and so as not to endanger the general public.

10. QUALITY CONTROL. The Contractor is responsible for quality control and shall furnish a quality control plan. Although submissions required by this contract are technically reviewed by the Government, it is emphasized that the Contractor's work must be prosecuted using proper internal controls and review procedures. The letter of transmittal for each submission shall include a certification that the submission has been subjected to the Contractor's own review and coordination procedures to insure: (a) completeness for each discipline commensurate with the level of effort required for that submission; (b) elimination of conflicts, errors, and omissions;

and (c) the overall professional and technical accuracy of the submission. Documents, which are significantly deficient in any of these areas, will be returned for correction and/or upgrading at the Contractor's expense prior to the Government acceptance. Task Order submission dates will not be extended if a resubmission of draft material is required for this reason. The Contractor and associates, if any, shall have the professional competency and technical expertise necessary to accomplish this project in a satisfactory manner.

11. CONFERENCES/MEETINGS. During the progress of the work, the Contractor shall confer with the NAE Program Manager and/or the Project Manager to assure timely and accurate reporting and approval of all completed work. Meetings shall be held as indicated in individual Task Orders to ensure project progress.

12. VISITS TO THE STUDY AREA - PRIVATE AND GOVERNMENTAL AGENCIES

AND INDIVIDUALS. The Contractor shall advise the Project Manager at least two (2) days prior to each visit to the study area or to private sources and Governmental Agencies (Federal, state, and county). The Project Manager shall review the necessity for each visit and shall inform the Contractor that these contacts shall be limited to research and coordination of data pertinent to the study. The Contractor shall proceed with the visits only with prior approval of the Project Manager.

13. RELEASE OF DATA. All data, reports, and materials obtained as a result of this contract shall become the property of the U.S. Government and shall be turned over to the Contracting Officer upon completion of this contract. All discussion, use, professional and general publication of any data, techniques, information or any other reference to the execution of the work contracted herewith, shall be reviewed and approved in writing by the New England District representative of the Corps of Engineers. The ability of the Contractor to use or publish any information obtained under this contract is not implicit and will be at the discretion of the NAE Contract Program Manager. All publications (including poster sessions) regarding work from this contract shall cite a Corps of Engineers staff member and reflect their appropriate level of involvement.

14. REPORT REVISIONS/CORRECTIONS. Results of all reviews by USACE, New England District will be furnished to the Contractor in the form of written comments and edited material. The Contractor shall incorporate the written comments into the report or item within thirty days unless otherwise specified in the Task Order. Any comments due to errors or inconsistencies in the report on the part of the Contractor shall be made by the Contractor at his own expense. If changes in criteria and/or additions are, in the view of USACE, New England District, required beyond the original statement of work and services, the Contractor shall be notified in writing by the Contracting Officer and adjustment in the fee will be made to cover the additional work required. Any such additional work executed by the Contractor without the appropriate written notice is undertaken at the Contractor’s own risk.

15. RESPONSIBILITY FOR WORK. The Contractor shall be responsible for all damages to persons and property, including any Government furnished equipment, that occur as a result of actions by the Contractor's employees in connection with the prosecution of the work. The Contractor shall hold the Government free from claims and suits for damages as a result of this work. The Contractor shall provide proof of insurance with the United States Government as the named beneficiary. The Contractor shall undertake all work, including diving, following all applicable safety regulations (EM 385-1-1).

16. MATERIAL TO BE PROVIDED BY THE GOVERNMENT.

16.1 Appropriate background data, charts, sketches, and diagrams of the study area.

16.2 Required format for reports.

16.3 Corps of Engineers Safety Regulations including diving regulations (EM 385-1-1).

17. PURCHASED EQUIPMENT. Equipment purchased or fabricated to execute the Task Order shall become the property of the Government at the completion of the work.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY FULL TEXT

52.242-15 STOP-WORK ORDER (AUG 1989)

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

(1) Cancel the stop-work order; or

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

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

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

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;

provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

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

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

(End of clause)

Section H - Special Contract Requirements

WAGE RATES

Wage Determinations will be added on the task order level, as needed.

For the purposes of this proposal, contractors shall refer to clause 52.222-49 and request wage determinations if necessary.

CPARS

In accordance with Federal Acquisition Regulation (FAR) 42.15, 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 annually and at completion and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), 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 CPARS typically requires specific software, called PKI certification, which is installed on the user's computer.

However, although users are encouraged to use PKI certificates whenever possible, a waiver has been approved to allow industry users to access the system without a PKI certificate.

Contractors wishing to log on without a PKI certificate should select the "Contractor (pending PKI)" logon option. The certification is a Department of Defense item 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 CPARS and PKI certification is the sole responsibility of the Contractor.

52.204-9002 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://ecmra.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.

(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://ecmra.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 data for reporting period; place of performance; name, address, and point of contact for contractor; etc.) are specified and explained at the web site.)

(1) Labor Hours. Composite direct labor hours, and the value of those indirect labor hours plus compensation related costs for direct labor hours ordinarily included in the indirect pools1.

(2) Rates. 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 when associated with a contractor name of 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 annually. The reporting period will be from the beginning of the period of performance until 30 September of each government fiscal year, not to exceed 12 months and must be reported by 31 October of each calendar year.

(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 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 HQDA 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 60 days.

1 Compensation costs are defined in the reporting instructions at the Army Web Site.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor after award; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.227-5001 PARTICIPATION OF FOREIGN NATIONALS IN USACE CONTRACTS

All contractor employees (U.S. Citizens and Non-U.S. Citizens) working under this contract who require access to Automated Information Systems (AIS), (stand alone computers, network computers/systems, email) 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 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 U.S. Army Engineer District, New England, 696 Virginia Road, Concord, MA 01742-2751, 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 to access AIS. Contractors that have a commercial or government entity (CAGE) Code and Facility Security Clearance through the Defense Security Service shall process the NAC’s and forward visit requests/results of NAC to the U.S. Army Engineer District, New England, 696 Virginia Road, Concord, MA 01742-2751 – Security Officer. For those contractors that do not have a Cage Code or Facility Security Clearance, the U.S. Army Engineer District, New England – Bldg 1, 696 Virginia Road, Concord, MA 01742-2751, Security Officer will process the investigation in coordination with the Contractor and contract employees.

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 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 grounds maintenance services.)

The contractor shall submit to the U.S. Army Engineer District, New England, Contracting Division, 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 U.S. Passport, Certificate of U.S. 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 From I-94 indicating employment authorization, Alien Registration Receipt Card with photograph (INS From I-151 or I- 551), Temporary Resident Card (INS From I688), Employment Authorization Card (INS Form I-688A), Reentry Permit (INS Form I-327), Refugee Travel Document (INS From I-571), Employment Authorization Document issued by INS which contains a photograph (INS Form I-688B).

52.236-4004 INSURANCE REQUIRED

In accordance with CONTRACT CLAUSE titled “INSURANCE – WORK ON A GOVERNMENT INSTALLATION” the Contractor shall procure and maintain during the entire period of his performance under this contract the following kinds and minimum amounts of insurance:

TYPE AMOUNT

Workmen’s Compensation and Employers’ Not less than $100,000 Liability Insurance The Contractor shall comply with all applicable Workmen’s Compensation Statutes and shall furnish evidence of Employers’ Liability Insurance.

General Liability Insurance Minimum limits of Bodily injury liability insurance on the $500,000 per accident comprehensive form of policy.

Automobile Liability Insurance Minimum limits of damage liability insurance on the $200,000 per person and comprehensive form of policy and shall $500,000 per accident cover the operation of all automobiles $20,000 per accident used in performance of the contract. For property damage.

EQUAL OPPORTUNITY FOR VETERANS

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222- 37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USAGE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USAGE contract. While no set aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USAGE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USAGE contractors in their outreach efforts:

Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx

Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/

Department of Veterans Affairs-VOW to Hire Heros Act http://benefits.va.gov/vow/

Army Wounded Warrior Program- http://wtc.army.mil/modules/employers/index.html

U.S. Chamber of Commerce Foundation-Hiring Our Heros http://www.hiringourheroes.org/

Guide to Hiring Veterans - Reference Material http://www.whitehouse.gov/sites/default/files/docs/whitehousebusinesscouncilguidetohiringveteransO.

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Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research APR 2011 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations On Subcontracting JAN 2017 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

MAY 2014

52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015

52.222-62…