W912WJ23R0002.pdf

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until 01:00 PM local time 17 Nov 2022

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48 - 58 X H 59 - 62 tyler.s.maryak@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 1 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)

TYLER S MARYAK 978-318-8049

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

3 - 11 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) 14 - 15 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

16 - 37

PART II - CONTRACT CLAUSES

U S ARMY ENGR DISTRICT, NEW ENGLAND

696 VIRGINIA RD

CONCORD MA 01742-2751

978-318-8159

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

17 Oct 2022

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912WJ23R0002

Section A - Solicitation/Contract Form

NOTICE TO OFFERORS

Offerors MUST have an active registration in SAM.gov at the date/time of the solicitation closing in accordance with FAR 52.204-7(b)(1). This includes Joint Venture and partnership offerors.

Offeror providing less than 100 days for acceptance will be rejected and will not be reviewed.

IDIQ Information:

This contract is a Single Award Indefinite Delivery Indefinite Quantity (IDIQ) Service Contract. The contract shall have a 5 year ordering period and the total amount of the contract shall not exceed $15,000,000.00 for the entire Single Award Task Order Contract (SATOC) pool.

Small Business Set-Aside: The contract is set‐aside 100% for small business concerns. The Government intends to award a contract to target one (1) small businesses to form the SATOC pool.

Minimum Guarantee: The Government is obligated to satisfy a minimum guaranteed amount of not less than $10,000.00 per awardee over the life of the contract.

Pricing of Task Orders: After award of the base contract, work will be issued through 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 Task Order.

Wage Determinations and Binding Labor Rates: The contract awardee will be required to pay wages in accordance with the applicable wage determinations listed in Requests for Proposals, as updated.

Task Order and modification requests for proposal (RFPs) and subsequent awards will include updated wage determinations in compliance with Department of Labor regulations. The contract awardee will also be required to propose pricing on Task Orders that are the same as its proposed binding rates, submitted as required by this solicitation. Binding rates will be incorporated into the contracts, and all Task Orders and modification proposals must use the binding rates. The offeror is required to propose five years of binding rates, inclusive of all escalation.

No adjustment will be made to binding rates after contract award.

To ensure timely award of this requirement all Requests for Information must be submitted prior to 27 October 2022.

Section C - Descriptions and Specifications

IDIQ PWS

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 in each separate Task Order.

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:

Environmental Impact Statements (EIS) and Environmental Assessment (EA) support for Civil Works actions.

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 scope of work 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 maintain a state-of-the-art and multi-disciplined approach to the work.

3. GENERAL STATEMENT OF SERVICES

The Contractor shall provide services pursuant to scopes of work contained in subsequent Task Orders upon execution of the contract. Task Orders may be issued for, but are not limited to, the tasks described below. Tasks are grouped by category and then broken down into priority groupings according to the importance of the task in the evaluation of proposals under this RFP.

3.1 Environmental Studies/Reports - This category of work includes multi-component, multidisciplinary projects where the Contractor may be tasked with performing the entire study/report or with performing one or more components of the study.

3.1.1 Primary Tasks

3.1.1.1 Prepare Environmental Reports and National Environmental Policy Act (NEPA) documents including Environmental Impact Statements, Environmental Assessments, Statements of Findings, and Clean Water Act Section 404(b)(1) Evaluations. These documents may incorporate site surveys of fish, wildlife, marine/estuarine benthic organism, vegetation, physical conditions (e.g., soils, geology), chemical and biological testing of materials pertinent to the proposed action. The Contractor must have the ability to conduct the necessary field sampling and collection efforts in support of the studies identified above.

3.1.1.2 Prepare environmental documents and evaluations in compliance with NEPA, Clean Water Act (CWA);

Endangered Species Act (ESA), Clean Air Act (CAA); National Historic Preservation Act (NHPA); as well as U.S.

Army Corps of Engineers Water Resources Planning procedures (e.g., Engineering Regulation 1105-2-100), and other Federal regulations, northeastern state CWA, Section 401/402 requirements and Coastal Zone Management regulations. The Contractor may also prepare specialized reports on specific resources, engineering, planning, or environmental issues.

3.1.1.3 Conduct environmental studies and monitoring, such as air, surface water, groundwater, and sediment, to determine the state of environmental conditions at project/study sites.

3.1.1.4 Undertake specific field and/or laboratory studies to answer resource and impact questions. This includes wetland mapping and estuarine/marine benthic assessment studies and similar.

3.1.1.5 Prepare Regional Sediment Management Studies

3.1.1.6 Perform identification of plants, fish and wildlife, and benthic infauna from marine, terrestrial, and freshwater environments.

3.1.1.7 For all of the studies/reporting noted above, use computer geographic information systems (GIS) to describe existing environmental conditions and potential environmental impacts of proposed projects. All GIS deliverables shall conform to the guidance provided in Figure 2.

3.1.1.8 Perform sediment transport and coastal hydraulic modeling studies.

3.1.1.9 Perform archaeological surveys for identification and evaluation of precontact, contact, post-contact and industrial and underwater archaeological 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.

3.1.1.10 Perform surveys to identify and evaluate historic standing structures.

3.1.1.11 Preparation of National Register Nominations for standing structures, archaeological sites and districts, and multiple resource nominations.

3.1.1.12 Prepare scholarly data recovery plans and perform archaeological data recovery excavations for mitigation of impacts.

3.1.1.13 Prepare photographs with large format negatives suitable for Historic American Building Survey/Historic American Engineering Record (HABS/HAER) studies.

3.1.1.14 Conduct economic and social impact analyses and studies, watershed studies, fisheries studies, hydrologic modeling and other related Planning studies for USACE water resources projects.

3.1.1.15 Prepare and/or provide support for Dredged Material Management Plan development.

3.1.2 Secondary Tasks

3.1.2.1 Design and monitor mitigation, restoration, and enhancement projects in accordance with USACE Civil Works regulations.

3.1.2.3 Perform groundwater sampling and analysis as part of general characterization or plume tracking.

3.1.2.4 Use computer models to describe existing environmental conditions and potential environmental effects of proposed projects.

3.1.2.5 Prepare air emission inventories, conformity analysis, and related reports in support of Clean Air Act compliance.

3.1.2.6 Provide environmental, recreational planning, geographic, land use, legal, socioeconomic, archaeological, risk assessments and other studies on specific resource issues.

3.1.2.7 Prepare NEPA documents for civil works and military actions within the Federal government to include:

Operations support for major rehabilitation actions, Military construction, real property acquisition or disposal, and other actions.

3.2 Technical Support – This category of work includes specific support tasks that may have single or multiple elements (e.g., field, laboratory analysis, limited reporting).

3.2.1 Primary Tasks

3.2.1.1 Generate and/or maintain large scale databases for the storage and access of analytical data and geospatial data and information.

3.2.1.2 Provide laboratory and field equipment (including boats, aircraft, heavy equipment, crews, camera equipment, and sampling gear) and/or technical support personnel to conduct environmental studies and associated activities in marine, freshwater and terrestrial environments.

3.2.1.3 Delineate jurisdictional limits of waters and wetlands, and assess the ecological functions and values of waters and wetlands following the criteria set forth in the current official Federal Manual for Identifying and Delineating Jurisdictional Wetlands.

3.2.1.4 Perform identification of plants, fish and wildlife, and benthic infauna from the marine, terrestrial, and freshwater environments.

3.2.2 Secondary Tasks

3.2.2.1 Design compensatory mitigation, restoration, and enhancement projects.

3.2.2.2 Review, edit and provide technical and policy comments on environmental documents prepared by others.

3.2.2.3 Undertake biological diving surveys within recreational SCUBA ranges and perform underwater archaeological surveys. This includes preparation of SCUBA dive plans in compliance with NAE and all appropriate local, state, and Federal regulations for acceptance by the Government prior to diving operations.

Maintain an updated diving safety plan with NAE's Safety Office should these services be required.

3.2.2.4 Provide photo editing and videographer support for the preparation of information fact sheets, web pages, and video shorts for presentation at scientific and technical meetings and for outreach to the general public.

3.2.2.5 Render expert opinions (written and oral).

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 USACE 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 (FAR) Clause No. 52.236-13 for Accident Prevention. 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 EM 385-1-1, 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 fulltime 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 Figure 4 (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). 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.

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 scope of work.

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 15 million dollars over a 5-year period. The Government’s minimum obligation is $10,000 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 Task Order Manager, or technical point of contact, 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 When site visits are conducted at a military installation, the Contractor shall comply with all security and access requirements of that installation.

6.8 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 conduct of all work.

6.9 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.

6.10 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.).

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

6.12 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 ensure 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 Contracting Officer and Program Manager. If approved, 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. 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 that occur as a result of the Contractor’s fault or negligence. If required, 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. GOVERNMENT FURNISHED EQUIPMENT

Each Task Order shall list equipment necessary for the prosecution of the work, which will be furnished by the Government.

18. PURCHASED EQUIPMENT

Equipment purchased or fabricated to execute a Task Order under this contract shall become the property of the Government at the completion of the work.

19. SUSTAINABILITY

This contract shall conform in all respects to applicable Energy Efficient and EPA-Designated standards with requirements prescribed at the Task Order level. It is anticipated that EPA Designated and Energy Efficient regulations could apply. As such, the websites for both are listed as follows:

EPA Designated: https://www.epa.gov/smm/comprehensive-procurement-guideline-cpgprogram#products.

Energy Efficient: https://energy.gov/eere/femp/find-product-categories-covered-efficiencyprograms.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

52.242-15 Stop-Work Order AUG 1989

Section H - Special Contract Requirements

CERT. OF CORPORATE AUTHORITY

CERTIFICATE OF CORPORATE AUTHORITY

I, ___________________________, certify that I am the Clerk (or) Secretary of ___________________________;

that (name of individual signing) who signed the attached Solicitation No. W912WJ23R0002 is the (position of individual signing) of said corporation; and that said individual is duly authorized by this corporation by vote of its Board of Directors dated ________________________, to sign the contract document for and on behalf of this corporation by authority of its governing body, and that said vote has not been revoked and continues in full force and effect as of the date of this Certificate.

(Clerk or Secretary Signature) (Corporate Seal) (Current Date)

CONTRACTOR PERFORMANCE EVAL.

CONTRACTOR PERFORMANCE EVALUATIONS (CPARS)

In accordance with the provisions of Subpart 36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction Contractor's performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement.

For service contracts awarded at or above $1,000,000.00, the 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 60 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.

AT-OPSEC

AT Level I Training: All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

Access and General Protection/Security Policy and Procedures: All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

For contractors who do not require CAC, but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and Area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something): The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

Pre-screen candidates using E-Verify Program: The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

*When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

Section I - Contract Clauses

52.202-1 Definitions JUN 2020 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 JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 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

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

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

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research NOV 2021 52.215-2 Audit and Records--Negotiation JUN 2020 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 JUN 2020 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 52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016

52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.227-14 Rights in Data--General MAY 2014 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.244-6 Subcontracts for Commercial Products and Commercial

Services

JAN 2022

52.246-25 Limitation Of Liability--Services FEB 1997 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.227-7022 Government Rights (Unlimited) MAR 1979 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.216-18 ORDERING. (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from award through the contract’s five year Period of Performance.

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

(c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not…