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D--NOTICE OF INTENT TO AWARD SOLE SOURCE- Business Propulsion Systems, Inc., Hydropower Test Unit, West Point, Georgia

Department of the Army, U.S. Army Corps of Engineers | Published August 17, 2015
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This contract action was accomplished using other than competitive procedures because there is only one responsible source and no other supplies or service will satisfy agency requirements (FAR 6.302-1). See posted J&A for further information. The Government intends to solicit and negotiate with only one source, Business Propulsion Systems, Inc., 1440 Broadway, 23rd Floor New York, NY 10018, under authority of FAR 6.302. The U.S. Army Corps of Engineers (USACE) Mobile District has a requirement to Provide Software Maintenance, Licenses and User Support for the Army Corps of Engineers Compliance Monitoring and Enforcement Program (ACE-CMEP) NERC compliance software. The Energy Policy Act of 2005 (EPAct 2005) established an Electric Reliability Organization (ERO) to establish, oversee and enforce a comprehensive set of reliability standards for the owners, operators, and users of the Bulk Power System (BPS). Subsequently the North American Electric Reliability Corporation (NERC) applied to the Federal Energy Regulatory Commission (FERC) for recognition as the ERO. The FERC accepted and granted NERC status as the ERO. One of the key provisions of the EPAct 2005 was establishing that the ERO's (i.e., NERC) Reliability Standards as mandatory and enforceable with non-compliance subject to non-financial sanctions and monetary penalties. NERC has identified several Districts within the U.S. Army Corps of Engineers (USACE) as being owners, operators and users of the Bulk Power System and provided notification of mandatory compliance with the associated reliability standards. As a result of these notifications, the USACE awarded contract to BUSINESS PROPULSION SYSTEMS (U.S.) INC, to supply an enterprise level Compliance Management Software (CMS) application hosted by USACE. The CMS furnished by BUSINESS PROPULSION SYSTEMS (U.S.) INC, was the Resolver GRC Cloud compliance management software application. It is anticipated that a fixed price contract will be awarded. The (NAICS) code is 511210 and size standard is $38.5 million. Interested persons may identify their interest and capability to respond to the requirement. This notice is not a request for competitive proposals. All responses received within 15 calendar days after date of publication of this synopsis will be considered by the Government. A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the government. Information received will be considered solely for the purpose of determining whether to conduct a competitive procurement.

C--Indefinite Delivery Contract (IDC) for Architect and Engineering (A-E) Services for the Mobile District, U.S. Army Corps Of Engineers to Provide Environmental Support to Military, Civil, and Federal Agencies.

Department of the Army, U.S. Army Corps of Engineers | Published June 12, 2014  -  Deadline July 30, 2014
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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. ALL QUESTIONS SHALL BE SUBMITTED VIA THE BIDDER INQUIRY IN PROJNET AS DESCRIBED IN THE SUBMISSION REQUIREMENTS BELOW. Point of Contact for this announcement is Mrs. Mary Breland. This notice is posted in its entirety and hereby serves as the official solicitation for this project. CONTRACT INFORMATION: Architect -Engineer (A-E) services are required for an Indefinite Delivery Contract (IDC) to provide environmental support to military, civil, and federal agencies. The A-E will be required to perform services at federal/military projects throughout the world, including the Continental United States, its territories, South and Central America and other world nations. Multiple awards will be made from this solicitation to a combination of Small Businesses and to offerors on an unrestricted basis. The unrestricted basis is open to all interested parties regardless of business size. The small business size standard is a maximum of $14 million in average annual receipts for the preceding 3 fiscal years. All firms responding to this solicitation MUST identify the category(s) for which they wish to be considered. Firms should state the word UNRESTRICTED or SMALL BUSINESS after the solicitation number in PART I, A, Block 3 of form SF 330. A separate response (SF 330) MUST be submitted for each category in which the firm wants consideration. It is the intent to award three (3) contracts on an unrestricted basis and one (1) to Small Business. Only firms considered highly qualified will be awarded a contract. No firm will receive more than one award. The value for each contract awarded on the unrestricted basis will not exceed $3,000,000 over the life of the contract. The intent is to award $1,000,000 in IDIQ contract capacity to a Small-Business. In the event that a contract cannot be awarded to one or the other category, the total of $10,000,000 in IDIQ contract capacity will be awarded to one or more highly qualified firms in the remaining category. Contracts awarded will not exceed a term of five (5) years. Rates will be negotiated for each 12-month period of the contract. Work under this contract to be subject to satisfactory negotiation of individual task orders. Selection of A-E firms is not based upon competitive bidding procedures, but rather upon the professional qualifications necessary for the performance of the required services. All interested A-E firms are reminded that, in accordance with the provisions of PL 95-507, they will be expected to place subcontracts to the maximum practicable extent consistent with the efficient performance of the contract with small and small disadvantaged firms. Large businesses selected for this contract must comply with FAR 52.219-9 regarding the requirement for a subcontracting plan for that part of the work it intends to subcontract. Large business firms selected for this contract will be required to submit a detailed subcontracting plan during contract negotiation. A firm fixed price contract will be negotiated. The North American Industry Classification System (NAICS) code for this action is 541330. PROJECT INFORMATION: A-E services provided under this contract will comply with, but are not limited to, any or all of the following: (a) Resource Conservation and Recovery Act (RCRA); Clean Air Act (CAA); Safe Drinking Water Act (SDWA); Clean Water Act (CWA); Toxic Substances Control Act (TSCA); Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); National Environmental Policy Act (NEPA); Energy Policy Act 2005; compliance; pollution prevention; restoration; Department of Defense Instruction; Executive Orders; policy, guidance, programmatic and operational program execution strategy; planning; permitting and technical support; environmental management systems; information technology tool refinement, customization, population and implementation; environmental training, outreach, strategy, and awareness; water compliance and reuse plans; vulnerability assessments; compliance assessments; multi media and single media facility audits; environmental baseline surveys; DoD Services; Medical Departments and health services support; audits and assessments; planning studies and evaluations; geographic information system support; compliance monitoring, recordkeeping and reporting. Additional projects may include range and training program support, solid waste, RCRA evaluations, and management plans; DoD awards development; sustainability program initiatives and planning; ozone depleting substance (ODS) evaluations and elimination plans; energy studies and audits; facility evaluations and audits; Leadership in Energy and Environmental Design (LEED) technical support and building commissioning; programmatic support of installation restoration and munitions response compliance cleanup programs; greenhouse gas initiatives; air quality monitoring, testing and permitting; air dispersion modeling; asbestos and lead-based paint sampling and report preparation; and real estate site assessments. (b) Operational Range Assessments for Department of Defense (DoD) installations; range environmental vulnerability assessments; Military Munitions Response Program; DoD Safety and Environmental Regulations and Guidance, other Department of Defense regulations and Executive Orders including but not limited to: DoD Directive 4715.11 -Environmental and Explosives Safety Management on Operational Ranges within the United States; DoD Directive 3200.15 - Sustainment of Ranges and Operating Areas; Sections 311-312 of the National Defense Authorization Act of FY02; DERP Management Guidance, September 2001. (c) Hazardous, toxic and radioactive material/waste site investigations/assessments; remedial investigations and feasibility studies; treatability studies; pilot studies; remedial designs; risk assessments; sampling and analyses; data validation; electronic data management; geotechnical investigations; monitoring well installation; groundwater modeling; groundwater and surface water quality assessments; water reuse initiatives; vapor intrusion monitoring, assessment and modeling. (d) Design and technical services relating to water treatment plant, both potable and industrial; wastewater treatment plants, domestic and industrial; pumping and piping systems, both pressure and gravity flows; hydraulic modeling. The majority of the work will be located in the United States; however, work may be located in Central or South America, Puerto Rico, the U.S. Virgin Islands, as well as locations throughout the world as may be assigned to the Mobile District. SELECTION CRITERIA: The selection criteria are listed below in descending order of importance (first by major criterion and then by each sub-criterion). Criteria A thru D are primary. Criterion E is secondary and will only be used as tie-breakers among technically equal firms. A. Professional Qualifications: The selected firm must have, either in-house or through consultants, the following disciplines: (1) Project Manager; (2) Environmental Engineer (registration required); (3) Chemist; (4) Geologist (registration required); (5) Biologist; (6) Certified Industrial Hygienist; (7) Chemical Engineer (registration required); (8) Certified Energy Manager (registration required); (9) Civil Engineer (registration required). In addition to the above disciplines the following specialist are also required. A specialist is defined as having a degree in engineering, geology, or science from an accredited university, has at least five (5) years recent and direct experience, and training in the area of specialization. These specialists are: (10) Air Quality Specialist; (11) Clean Water Act Specialist; (12) RCRA Specialist; and (13) GIS Specialist. Professional registration is required for the Geologist (Professional Geologist PG), all Engineering (Professional Engineer PE) disciplines, and the Certified Energy Manager (Associated Energy Engineers (AEE)). Resumes contained in Standard Form (SF) 330, PART I, Section E, shall be completed for each discipline. ROLE IN THIS CONTRACT, Block 13 under PART I, Section E must use the same discipline nomenclature as is listed in this announcement. If an individual will serve in more than one discipline, then those disciplines shall be clearly indicated in Block 13, PART I, Section E. The evaluation will consider the education, training, registration, overall experience, relevant experience, and longevity with the firm with respect to the proposed key disciplines. As well, the evaluation will consider the firm's recent (within 5 years of the solicitation issuance date) business history with proposed subcontractors. B. Specialized Experience and Technical Competence: (1) Demonstrated breadth, knowledge and recent (within 5 years of the solicitation issuance date) experience in the execution of complex environmental compliance, and pollution prevention to include strategy development, plans, data gathering, analysis, evaluations, studies, designs and permitting actions. (2) Demonstrated breadth, knowledge and recent (within 5 years of the solicitation issuance date) direct experience with analyzing and evaluating environmental regulations for implementing studies, designs, and program initiatives for the U.S. Army, U.S. Air Force, U.S. Marine Corps, U.S. Navy, DLA and other Department of Defense components, in compliance with DoD instruction, policy and guidance, as well as State, Federal and local criteria. (3) Demonstrated breadth, knowledge and recent (within 5 years of the solicitation issuance date) direct experience with installation sustainability and asset management, GIS and environmental database management in an enterprise environment; CAA, CWA, RCRA (C, D, and I) to include permitting, document updates, revisions, and regulatory coordination. (4) Demonstrated breadth, knowledge and recent (within 5 years of the solicitation issuance date) direct experience providing comprehensive programmatic support of policies, guidance and regulations, and implementation for various DoD services, Installation Management Agencies (IMA), Major Commands, sub-ordinate commands, ODEP, AEC, and/or other military and Federal agencies. C. Capacity to Accomplish the Work: Firms proposing under the unrestricted category shall demonstrate the capacity to accomplish at least four (4) $500,000 individual task orders simultaneously. Firms proposing under the small business category shall demonstrate the capacity to accomplish at least two (2) $500,000 individual task orders simultaneously. D. Past Performance: Past performance on Army and other DOD contracts with respect to cost control, quality of work and compliance with performance schedules. Evaluations will be based on established ACASS ratings and other credible documentation included in the SF 330. E. Small Business, Small Disadvantaged Business and Women-Owned Small Business Participation: Extent of participation of small businesses, small disadvantaged businesses, women-owned small businesses, historically black colleges and universities, and minority institutions in the proposed contract team, measured as a percentage of the total estimated effort. SUBMISSION REQUIREMENTS: Interested Architect-Engineer firms or joint ventures having the capabilities to perform this work as a prime contractor, may submit ONE (1) completed, bound paper copy of their SF 330 (Architect-Engineer Qualifications) for each category (i.e., Small Business, or Unrestricted) in which the firm wishes to be considered, to: U.S. Army Corps of Engineers, Mobile District, CESAM-EN-DW, ATTN: Mrs. Mary Breland, 109 St. Joseph Street, Mobile, AL 36602. SF 330 6/2004 edition must be used, and may be obtained from the Government Printing Office or from the following web site: http://www.gsa.gov/portal/forms/download/116486 All firms responding to this solicitation MUST identify the category they wish to be considered. Firms should state the word UNRESTRICTED or SMALL BUSINESS after the solicitation number in PART I, A. Block 3 of form SF 330. A separate response (SF 330) MUST be submitted for each category in which the firm wants consideration. All fonts shall be at least 12 or larger. Pages shall be 8-1/2 inches by 11 inches. PART I OF THE SF330 SHALL NOT EXCEED 50 PAGES FRONT SIDE ONLY. Blank sheets/tabs separating the sections within the SF 330 will not count against the maximum page count for PART I. Include DUNS number in SF330 PART I, Section B, Block 5. A firm located within the United States may obtain a DUNS number by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com/us/. If the firm is located outside the United States, the local Dun and Bradstreet office should be contacted. The organization chart required in section D and the matrix required as Section G, Part I of the SF330 may be presented on a sheet up to 11 inches by 17 inches. If an 11 inch by 17 inch sheet is used it shall be neatly folded to 8-1/2 inches by 11 inches, bounded in the SF330 at the proper location, and counted as one page. A maximum of TEN (10) projects of the prime, the subcontractor(s), or both will be reviewed in PART I, Section F. Of these 10 a minimum of 6 projects from the prime must be completed. Use no more than one page per project. It shall be noted that a task order executed under an Indefinite Delivery Contract is considered a Project. The 10 projects shall specifically address the following areas of emphasis: 3 projects - Complex Environmental Compliance/Reporting/Permitting; 1 project - GIS/Data management; 2 projects - Clean Air Act; 2 projects - Clean Water Act; 1 project - Pollution Prevention; 1 project - Installation Sustainability/asset management. In Block G-26, along with the name, include the firm with whom the person is associated. A Part II is required for each branch office of the Prime Firm and any Subcontractors that will have a key role in the proposed contract. Submittals must be received no later than 3:00 P.M. Central Time on 31 July 2014. Regulation requires that the Selection Board not consider any submittals received after this time and date. Late proposal rules in FAR 15.412 will be followed for submittals received after 3:00 P.M. Central Time on the closing date specified in this announcement. This is not a request for proposal. Solicitation packages are not provided. The A-E Evaluation Board (Selection Board) is tentatively scheduled TO COMMENCE ON 04 August 2014. As required by acquisition regulations, interviews for the purpose of discussing prospective contractor qualifications for the contract will be conducted only for those firms considered most highly qualified after submittal review by the selection board. Interviews will be conducted by telephone and will most likely occur the same week that the Selection Board convenes. Phone calls and personal visits for the purpose of discussing this solicitation are not allowed. ALL QUESTIONS SHALL BE SUBMITTED VIA THE BIDDER INQUIRY PORTAL in ProjNet at http://www.projnet.org/projnet. Questions should be submitted no later than 18 JULY 2014 at 3:00 p.m. Central Time to allow time for a response. On this date and time the portal will be closed. For questions, no other means of communication, e-mail, fax, or telephone will be accepted. To submit and review inquiries, firms will need to be current registered users of the ProjNet system. To register, go to the link above, click the BID tab, select BIDDER INQUIRY, select agency USACE, enter the Bidder Inquiry Key for this solicitation listed below, and your e-mail address, and then click login. Complete all required information and then click CREATE USER. Verify that information on the next screen is correct and click CONTINUE. From this page you can view all bidder inquiries for this solicitation or add an inquiry. Offerors or Bidders will receive an acknowledgement of their question via e-mail, followed by a response to their question after it has been processed by our team. The Solicitation Number is: W91278-14-R-0062. The Bidder Inquiry Key is: 56RZ8X-HFYP6X. Specific Instructions for ProjNet Bid Inquiry Access: 1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen. 2. Identify the Agency. This should be marked as USACE. 3. Key. Enter the Bidder Inquiry Key listed above. 4. Email. Enter the email address you would like to use for communication. 5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form. 6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system. 7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system. Specific Instructions for Future ProjNet Bid Inquiry Access: 1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in. 2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen. 3. Identify the Agency. This should be marked as USACE. 4. Key. Enter the Bidder Inquiry Key listed above. 5. Email. Enter the email address you used to register previously in ProjNet. 6. Click Continue. A page will then open asking you to enter the answer to your Secret Question. 7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system. A-E firms are requested to review the solicitation and amendments in their entirety, as well as to review the Bidder Inquiry Portal for previous questions and responses, prior to submission of a new inquiry on the Portal. CAUTION: ANY INQUIRY SUBMITTED AND ANSWERED WITHIN THIS SYSTEM, WILL BE ACCESSIBLE TO VIEW BY ALL INTERESTED OFFERORS OR BIDDERS ON THIS SOLICITATION. The call center for the ProjNet operates weekdays from 8 AM to 5 PM U.S. Central Time Zone. The telephone number is 1-800-428-HELP. To verify your submittal has been delivered, you may e mail Mrs. Mary Breland at: mary.f.breland@usace.army.mil. To be eligible for contract award, a firm must be registered with the System for Award Management (SAM) database. For instructions on registering with the SAM, please see the SAM Web site at https://www.sam.gov/portal/public/SAM/.

Architect and Engineering (A-E) Services Indefinite Delivery Indefinite Quantity (IDIQ) Single Award Task Order Contracts (SATOCs) for BUILDER Sustainment Management System (SMS) Assessments for the Army Installation Management Command (IMCOM)

Department of the Army, U.S. Army Corps of Engineers | Published August 5, 2016  -  Deadline September 20, 2016
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Description: ALL QUESTIONS SHALL BE SUBMITTED VIA THE BIDDER INQUIRY PORTAL IN PROJNET AS DESCRIBED IN THE SUBMISSION REQUIREMENTS BELOW. Point Of Contact for this announcement is Ms. Allison Jones. This notice is posted in its entirety and hereby serves as the official solicitation for this project. CONTRACT INFORMATION: A-E services are required for an IDIQ to support the IMCOM BUILDER SMS (BUILDER) Program throughout CONUS and OCONUS. The contractor will be required to perform services in support of the U.S. Army Corps of Engineers (USACE) National Program Office for support of the IMCOM BUILDER SMS program customers and projects. This announcement is open to all businesses regardless of size. This announcement plans to issue seven (7) Unrestricted IDIQ, SATOCs. The Government may award other than seven (7) SATOCs depending on the source selection decision regarding how many contractors are considered most highly qualified in accordance with Brooks Act procedures. The total shared capacity of the IDIQ awards will be $150,000,000. There is no set aside capacity for this procurement. Selection of A-E firms is not based upon competitive bidding procedures, but rather upon the professional qualifications necessary for the performance of the required services. Only firms considered most highly qualified will be awarded a contract. Multiple awards will be made from this solicitation. The contracts will be awarded for a term not to exceed a total of five (5) years. Work under this contract will be subject to satisfactory negotiation of individual firm fixed price task orders, with the total IDIQ contract value not to exceed $150,000,000 over the five-year life of the contracts. No one firm will receive more than one award as a result of this solicitation. Rates will be negotiated for each 12-month period of the contract. All interested A-E firms are cautioned to review the restrictions of FAR 9.5 (Organizational and Consultant Conflicts of Interest). All interested A-E firms are reminded that, in accordance with the provisions of PL 95-507, they will be expected to place subcontracts to the maximum practicable extent consistent with the efficient performance of the contract with small and small disadvantaged firms. Large businesses selected for this contract must comply with FAR 52.219-9 regarding the requirement for a subcontracting plan for that part of the work it intends to subcontract. Large businesses selected for this contract will be required to submit a detailed subcontracting plan during contract negotiation. The North American Industry Classification System (NAICS) code for this action is 541330. Contractor Manpower Reporting: The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Department of Defense via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 01 through September 30. While inputs may be reported at any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2014. Contractors may direct questions to the help desk at: http://www.ecmra.mil/. PROJECT INFORMATION: A-E Services for this contract will be used, but are not limited, to perform and assist the IMCOM to implement BUILDER assessments and supporting activities such as: implementation/preparation of sustainable infrastructure assessments, real property installed equipment surveys, space utilization surveys; real property inventories, building energy audit surveys, and Army Sustainment, Restoration, and Modernization (SRM) at US Army CONUS and OCONUS installations. These other services will include all types of comprehensive support for implementation and support of BUILDER at US Army Installations worldwide. The implementation and associated support will improve building inspections and facility management business processes. In accordance with DoD directive, IMCOM is required to utilize BUILDER which was developed by the USACE Engineer Research and Development Center-Construction Engineering Research Laboratory (CERL) to conduct its facility condition assessments. BUILDER is a software application for building asset lifecycle management. BUILDER stores real property building information and more detailed system inventory is modeled and/or collected which identifies building components and their key life-cycle attributes such as the age, material and capacity. Site Inspections are performed on the various components to determine engineering based objective and repeatable Condition Index (CI) measures which relate the general physical health of the asset. Functionality assessments may be performed to evaluate user requirement changes, compliance and obsolescence issues. With information about condition, functionality, and remaining service life, BUILDER guides the development of short and long-range work plans based on sound investment strategies, prioritization criteria, and budget constraints. IMCOM, through the Mobile District, had already completed a two phase pilot project to test utilization of the BUILDER tool at selected IMCOM installations. The vast majority of the work will be on active Army installations; however work may also include a variety of projects potentially on government leased property. SELECTION CRITERIA: The selection criteria are listed below in descending order of importance (first by major criterion and then by each sub-criterion). Criteria A thru D are primary. Criterion E is secondary and will only be used as a tie-breaker among technically equal firms. A. Professional Qualifications KEY PERSONNEL: The selected firm must have, either in-house or through consultants, the disciplines listed below, with registration required (include licensure and certification numbers) as indicated. Resumes (Block E of the SF 330) must be provided for these disciplines, including consultants. ROLE IN THIS CONTRACT, Block 13 under PART I, Section E must use the exact same discipline nomenclature as listed in this announcement. If an individual will serve in more than one discipline, then those disciplines shall be clearly indicated in Block 13, PART I, Section E. Evaluation of each discipline will consider education, registration, relevant experience, and longevity with the firm. Additionally, the evaluation will consider the firm's recent business history with proposed subcontractors. Recent for this solicitation is within 7 years of the solicitation issuance date. Submit one (1) to two (2) resumes per Discipline, indicating which resume is the Contact Lead. The following disciplines with registrations are required: (1) Program Manager(2) Project Manager(3) Master Planner - required AICP Certification (License number required), minimum of bachelor's degree (degree from an accredited four-year college or university(4) Electrical Engineer - required Professional Engineering Licensure (License number required), minimum of a bachelor's degree (degree from an accredited four-year college or university) with a major in the specified field of study required(5) Mechanical Engineer - required Professional Engineering Licensure (License number required), minimum of a bachelor's degree (degree from an accredited four-year college or university) with a major in the specified field of study required(6) Civil Engineer - required Professional Engineering Licensure (License number required), minimum of a bachelor's degree (degree from an accredited four-year college or university) with a major in the specified field of study required(7) CADD Technician - minimum of an associate's degree (degree from an accredited college or university) with a major in the specified field of study required(8) GIS Technician - minimum of an associate's degree (degree from an accredited college or university) with a major in the specified field of study required(9) Cost Estimator - with Professional Engineering Licensure or Certified by a Professional Organization such as AACE, ASPE or equivalent(10) Architect - required Registered Architect Licensure, minimum of a bachelor's degree (degree from an accredited four-year college or university) with a major in the specified field of study required The professional qualification evaluation will consider education, registration, and overall relevant experience in the type of work required and longevity with the firm. Resumes (Block E of the SF 330) must be provided for these disciplines, including subcontractors. Additional resumes may be added to further explain proposed team members; however, only the disciplines requested in this solicitation will be evaluated. Each resume shall not exceed one page in length. Use the same discipline nomenclature as used in this announcement when identifying Project Assignment on each resume. KEY PROJECTS: Use no more than one (1) page per project. A relevant BUILDER project is defined as all assessment activity performed under a single, stand-alone contract and/or a task order issued under existing IDIQ contract(s). It shall be noted that a task order issued under an IDIQ is considered a single project. Do not combine or separate multiple task orders to create a single project example. Combining multiple task orders to create a single project will not be compliant with the solicitation criteria, and will not be evaluated or considered. Splitting a task order to create multiple projects will not be compliant with the solicitation criteria, and will not be evaluated or considered. The IDIQ number and individual task order number associated with the project in the title must be included for each of the projects. At least seven (7) of the eight (8) project examples must be 100% completed, and the remaining project may be 90% or more completed in order to be evaluated or considered. All projects shall include a project completion date. Include Quality of Past Performance Ratings from CPARs, or equivalent, on each project resume. In Block G-26, along with the name of key personnel, include the firm with whom the person is or was associated at the time the project work was performed. A Part II is required for each branch office of the Prime Firm and any Subcontractors that will have a key role in the proposed contract. A maximum of eight (8) relevant BUILDER projects of the prime, the subcontractor(s), or both not to exceed the past seven (7) years, will be reviewed in PART I, Section F. These projects are to be evaluated to assess the prime and subcontractors firm's qualifications based on the project information above. Each of the projects submitted for evaluation must state the percentage (%) of total project performed by the prime and each subcontractor and additionally state the number of the prime and subcontractor(s) employees that directly performed assessments with the amount of square footage assessed by the prime and with the amount of square footage assessed by the subcontractor(s). Of these maximum eight (8) relevant BUILDER projects, the offeror submitting as Prime on the SF330, must have performed, completed, and/or accomplished a minimum of four (4) projects either as prime or subcontractor who conducted the majority of the BUILDER work on that project. More weight will be given to those firms demonstrating BUILDER assessment for DOD Services of a minimum of two million (2M) square feet per project. Those firms submitting as a Joint Venture (JV) must follow the same format as the non-JV firms. The JV may submit a maximum of eight (8) relevant BUILDER projects as the prime, the subcontractor or both not to exceed the past seven (7) years. Of these maximum eight (8) relevant BUILDER projects, the offeror submitting as Prime on the SF330 must have performed, completed, and/or accomplished a minimum of four (4) projects (either as the prime or subcontractor). If the JV does not have the minimum projects as a JV Offeror, then the Offeror may supplement with projects performed by the members of the JV in their individual capacities to meet this minimum requirement. More weight will be given to those firms demonstrating BUILDER assessment for DOD Services of a minimum of two million (2M) square feet per project. B. Specialized Experience and Technical Competence: In PART I, Section H, provide a narrative demonstrating breadth, knowledge and experience of the prime and the subcontractor(s) for each of the following areas: (1) Demonstrated experience in providing BUILDER support for the following agencies and offices: IMCOM; US Army Reserves; US Army National Guard; US Army Materiel Command, US Air Force; US Marine Corps; US Navy; Defense Health Agency; Defense Logistics Agency, or Other DoD agencies. (2) The firm shall provide documentation of past BUILDER implementation for each DoD Service where work was performed over the past seven (7) years; inventory/inspection assessment, and data entry experience; the number and roles of prime contractor employees and/or subcontractor employees (broken out separately for each) involved with the conduct of the BUILDER assessments by DoD Service and installation; the average production rate of square footage assessed per person per agency where work was preformed; and the total square feet assessed per year for each DoD Service, broken out by individual installation. (3) Describe the firm's data collection methods and tools used during the BUILDER assessment field work portion for both inside secure (SCIF) and non-secure areas. (4) Knowledge and experience with supporting activities such as: implementation/preparation of sustainable infrastructure assessments, real property installed equipment surveys, space utilization surveys; real property inventories, building energy audit surveys, and Army Sustainment, Restoration, and Modernization (SRM) program experience for DoD agencies. (5) Knowledge and experience of pertinent current U.S. Army and other military and Federal agency policies, guidance, and regulation. (6) Describe the firm's quality control plan to include project scheduling and coordination with subcontractors. C. Capacity to Accomplish the Work: The firms shall demonstrate the capacity to accomplish at least four (4) $500,000 individual task orders simultaneously. D. Past Performance: Firms shall provide past performance on Department of Defense contracts with respect to cost control, quality of work and compliance with performance schedules. Evaluations will be based on established CPARS ratings and other credible documentation included in the SF 330 not to exceed the past seven (7) years. E. Volume of DoD Contract Awards: Firms shall provide the volume of work awarded by DoD agencies during the previous 12 months. Volume shall be broken out into contracts, task orders, amounts, and a brief one sentence description of the work. SUBMISSION REQUIREMENTS: Interested A-E firms or joint ventures having the capabilities to perform this work are invited to submit one (1) complete bound paper copy and one (1) complete pdf on Compact Disc (CD) or Digital Versatile Disc (DVD) of their SF 330 (Architect-Engineer Qualifications) proposal to: U.S. Army Corps of Engineers, Mobile District, CESAM-EN-D, ATTN: Ms. Allison Jones, 109 St. Joseph Street, Mobile, AL 36602. SF 330, current edition, must be used, and may be obtained from the Government Printing Office or from the following web site: http://www.gsa.gov/portal/forms/download/116486. PDFs shall be compatible with Adobe Acrobat XI or earlier version. Proposals submitted on anything other than a complete bound paper copy and CD or DVD will not be accepted. All firms responding to this solicitation MUST label the SF330 and the CD or DVD with their company name and solicitation number. Offerors submitting proposals as a Joint Venture (JV) shall obtain a DUNS number and be registered in the System for Award Management (SAM) as a JV. Include a fully executed Joint Venture Agreement. Include a JV Management Plan. Include DUNS number in Block 5 of the SF330 PART I, Section B. All fonts shall be at least 11 or larger in Arial (not Arial Narrow) to include text, tables and figures. PART I OF THE SF 330 SHALL NOT EXCEED 50 PAGES FRONT SIDE ONLY. Blank sheets/Tabs separating the sections within the SF 330 will not count in the page-count maximum for PART I. In Block G-26, along with the name, include the firm with which the person is associated. Pages shall be 8-1/2 inches by 11 inches. The Organization Chart required in Section D and the Matrix required as Section G, PART I of the SF330 may be presented on a sheet up to 11 inches by 17 inches folded neatly to 8-1/2 inches by 11 inches, bound in the SF330 at the proper location, and counted as one page. Firms are required to submit one (1) complete bound paper copy for record purposes only and one (1) complete pdf on Compact Disc (CD) or Digital Versatile Disc (DVD) of their SF 330. Do not submit proposal text with multi-column formatting. Utilize page numbering and use bookmarks/tabs to format the proposal pdfs. Solicitation packages are not provided. Submittals must be received no later than 2:00 P.M. Central Time on 20 September 2016. The Agency will not accept any submittals received after this time and date. The A-E Evaluation Board (Selection Board) is tentatively scheduled TO COMMENCE ON OR ABOUT 17 October 2016. As required by acquisition regulations, interviews for the purpose of discussing prospective contractor qualifications for the contract will be conducted only for those firms considered most highly qualified after submittal review by the Selection Board. Interviews will be conducted by telephone and will most likely occur the same week that the Selection Board convenes. Phone calls and personal visits for the purpose of discussing this solicitation are not allowed. ALL QUESTIONS SHALL BE SUBMITTED VIA THE BIDDER INQUIRY PORTAL in ProjNet at http://www.projnet.org/projnet. Questions should be submitted no later than 01 September 2016 at 2:00 p.m. Central Time to allow time for a response. On this date and time the portal will be closed. For questions, no other means of communication (e-mail, fax, or telephone) will be accepted. To submit and review inquiries, firms will need to be current registered users of the ProjNet system. To register, go to the link above, click the BID tab, select BIDDER INQUIRY, select agency USACE, enter the Bidder Inquiry Key for this solicitation listed below, and your e-mail address, and then click login. Complete all required information and then click CREATE USER. Verify that information on the next screen is correct and click CONTINUE. From this page you can view all bidder inquiries for this solicitation or add an inquiry. Offerors or Bidders will receive an acknowledgement of their question via e-mail, followed by a response to their question after it has been processed by our team. The Solicitation Number is: W91278-16-R-0004. The Bidder Inquiry Key is: EIC62Q-WSVH57. Firms are requested to review the Bidder Inquiry Portal for previous questions and responses, prior to submission of a new inquiry on the Portal. Caution: Any inquiry submitted and answered within this system, will be accessible to view by ALL interested FIRMS on this solicitation. The call center for the ProjNet operates weekdays from 8 AM to 5 PM U.S. Central Time Zone. The telephone number is 1-800-428-HELP. To verify your submittal has been delivered, you may e mail Ms. Allison Jones at: Sally.A.Jones@usace.army.mil. To be eligible for contract award, a firm must be registered with the System for Award Management (SAM) database. For instructions on registering with the SAM, please see the SAM Web site at https://www.sam.gov/portal/public/SAM/.

Notice for an Indefinite Delivery Contract (IDC) for Architect and Engineering (A-E) Services for the Mobile District, U.S. Army Corps Of Engineers to Provide Environmental Support to Military, Civil, and Federal Agencies

Department of the Army, U.S. Army Corps of Engineers | Published November 19, 2015  -  Deadline December 22, 2015
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Document Type: Pre-Solicitation Announcement Classification Code: C - Architect and Engineering Services Subject: Notice for an Indefinite Delivery Contract (IDC) for Architect and Engineering (A-E) Services for the Mobile District, U.S. Army Corps Of Engineers to Provide Environmental Support to Military, Civil, and Federal Agencies. Solicitation Number: W91278-16-R-0006 Set-Aside Code: Partial Response Date: 12/22/2015 Place of Performance: US Army Engineer District, Mobile - Military 109 St. Joseph Street 541 Mobile, AL 36602 Description: ALL QUESTIONS SHALL BE SUBMITTED VIA THE BIDDER INQUIRY PORTAL IN PROJNET AS DESCRIBED IN THE SUBMISSION REQUIREMENTS BELOW. Point Of Contact for this announcement is Ms. Allison Jones. This notice is posted in its entirety and hereby serves as the official solicitation for this project. CONTRACT INFORMATION: A-E services are required for an IDC to provide professional environmental engineering and service support to military, civil, and federal agencies. It includes professional services to support military and civil environmental programs for Headquarters, Department of Defense; U.S. Air Force; U.S. Army; U.S. Army Reserves; U.S. Army National Guard; U.S. Navy; U.S. Marine Corps; and Defense Logistics Agency projects; U.S. Army Corps of Engineers Federal military and civil works projects; Department of Homeland Security; National Institutes of Health; Centers for Disease Control; and other Federal agency projects. The contractor will be required to perform services in support of Mobile District federal/military customers and projects as assigned to Mobile District. This announcement plans to issue three (3) Unrestricted ID/IQ, Single Award Task Order Contracts, and one (1) Small Business ID/IQ contract. The Government may award less than or more than four SATOCs depending on the source selection decision regarding how many contractors are considered most highly qualified in accordance with Brooks Act procedures. The total shared capacity of all unrestricted awards will be $9,000,000, and the total shared capacity of all restricted awards will be $1,000,000. All firms responding to this solicitation MUST identify in which category they are submitting. Firms should state the words UNRESTRICTED or SMALL BUSINESS after the solicitation number in PART I, A Block 3 of form SF 330. A separate proposal MUST be submitted for each category in which the firm wants consideration. Selection of A-E firms is not based upon competitive bidding procedures, but rather upon the professional qualifications necessary for the performance of the required services. Only firms considered most highly qualified will be awarded a contract. Multiple awards will be made from this solicitation to a combination of Unrestricted and Small Business. It is the intent to award four (4) contracts, three (3) from the Unrestricted, and one (1) contract from Small Business set-aside. The contracts will be awarded for a term not to exceed a total of three (3) years. Work under this contract will be subject to satisfactory negotiation of individual task orders, with the total IDC contract value not to exceed $9,000,000 for Unrestricted and $1,000,000 for the Small Business set-aside categories over the three-year life of the contract. A firm fixed price contract will be negotiated. In the event that a contract cannot be awarded in the restricted categories, the IDIQ contract capacity will be awarded to other highly qualified firms in the unrestricted category. No one firm will receive more than one award. Rates will be negotiated for each 12-month period of the contract. The small business size standard is a maximum of $15 million of average annual receipts for its preceding 3 fiscal years. All interested Unrestricted A-E firms are reminded that, in accordance with the provisions of PL 95-507, they will be expected to place subcontracts to the maximum practicable extent consistent with the efficient performance of the contract with small and small disadvantaged firms. Large businesses selected for this contract must comply with FAR 52.219-9 regarding the requirement for a subcontracting plan for that part of the work it intends to subcontract. Large businesses selected for this contract will be required to submit a detailed subcontracting plan during contract negotiation. The North American Industry Classification System (NAICS) code for this action is 541330. Each Task order will require Contractor Manpower Reporting for all contractor labor hours (including subcontractor labor hours) for performance of services under these contracts for the Department of Defense via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil. Reporting inputs will be for the labor executed during the period of performance during each Governmental fiscal year which runs October 1 through September 30 of each calendar year. PROJECT INFORMATION: A-E Services provided under this contract will include, but are not limited to all types of comprehensive environmental, planning, conservation restoration, miscellaneous sustainment, and support for the following: Headquarters, Department of Defense, U.S. Air Force, U.S. Army, U.S. Navy, U.S. Marine Corps and Defense Logistics Agency projects; U.S. Army Corps of Engineers Federal military and civil works projects; Department of Homeland Security, National Institutes of Health, Centers for Disease Control, and other Federal agency projects; document development for management, and implementation of land, natural and cultural resources programs/plans; study of contaminated sites; other water quality or water supply studies. It will include but not be limited to preparation of any of the following: All products and studies associated with preparation of National Environmental Policy Act (NEPA) Documents; Integrated Natural Resource Management Plans; Integrated Cultural Resource Management Plans; Endangered Species Management Plans and Section 7 compliance documentation and studies; Clean Water Act documentation and implementing guidance; Clean Air Act documentation and implementing guidance; Installation Master Plans/General Plans; Encroachment Studies, Land Acquisition Studies, Sustainable Infrastructure Assessments, Sustainability Studies, Database and Asset Management, Condition Assessments, and Risk Assessments. Specific services include: scientific analyses and assessments of biological, ecological, cultural/historic/architectural, and archaeological resources at all study and survey levels, terrestrial and underwater, and implementation of their measures; threatened and endangered species inventories and surveys; Invasive Species Management Plan, Pest Management Plans, forest management plans and their implementation to include prescribed burn plans; Wetland Restoration Plans and their implementation; biological evaluations and assessments; Section 7 of the Endangered Species Act consultation assistance; habitat evaluations; wetlands delineations identification of current trends, cumulative effects, and projected land uses, including potential use and reuse alternatives; identification and evaluation of potential impact mitigation measures; economic evaluations; preparation of master plans for development and management of military and civil facilities, including natural and cultural resources management planning; assisting with preparation of documents needed for coordination with interested Federal, state, tribal, and local agencies and organizations; preparation of public involvement plans and assistance in facilitation of public meetings/workshop/training; regulatory compliance; implementation of environmental audits and field assessments in support of Environmental Management Systems, Environmental Performance Assessment System, and Environmental Compliance Assessment System, development and implementation of Geographic Information Systems, similar technologies and web based program management techniques; and training and support activities for any of the above services mentioned. Additional services will include those activities required for the preparation of an Environmental Baseline Survey/Environmental Condition of Property studies; environmental support to real estate activities, decision documents that incorporate all essential issues; the preparation of Clean-up Plans, and preparation of risk assessment documentation; and deliverables associate with compliance and conformance of regulatory requirements. SELECTION CRITERIA: The selection criteria are listed below in descending order of importance (first by major criterion and then by each sub-criterion). Criteria A thru D are primary. Criteria E is secondary and will only be used as a tie-breaker among technically equal firms. A. Professional Qualifications: The selected firm must have, either in-house or through consultants, the following disciplines: (1) Program Manager; (2) Project Manager; (3) Environmental Engineer, registration required (P.E. License number required); (4) Biologist/Ecologist/ Environmental Scientist; (5) Water Resource Planner/ Land-use Planner; (6) Cultural Resources Specialist (Must meet Secretary of Interiors Professional Qualification Standards); (7) Regulatory Specialist; (8) Traffic Specialist; (9) Socio-economist; (10) Real Property Master Planner, AICP certification number required; (11) Geologist, registration required (P.G. License number required); (12) Civil Engineer, registration required (P.E. License number required); (13) Chemist; (14) GIS Specialist; (15) Architect, registration required (RA License number required); (16) Mechanical Engineer, registration required (P.E. License number required); (17) Electrical Engineer, registration required (P.E. License number required). All disciplines must possess a minimum bachelors' degree (degree from an accredited four-year college or university) with a major in the specified field of study. Registration is required for the: Environmental Engineer, Civil Engineer, Mechanical Engineer, Electrical Engineer, Architect, Geologist, and Master Planner. State of registration, P.G. or P.E. license number, or AICP certification number must be included on the resume. Resumes contained in Standard Form (SF) 330, PART I, Section E, shall be completed for each discipline and provided in the order listed above. ROLE IN THIS CONTRACT, Block 13 under PART I, Section E must use the same discipline nomenclature as is listed in this announcement. The evaluation will consider education, registration, and relevant experience in the listed discipline and longevity with the firm. If an individual will serve in more than one discipline then those disciplines shall be clearly indicated in Block 13, PART I, Section E. B. Specialized Experience and Technical Competence: (1) Demonstrated breadth, knowledge and experience of current Headquarters, Department of Defense; U.S. Air Force; U.S. Army; U.S. Marine Corps; U.S. Navy; DLA; U.S. Army Corps of Engineers; and other military and Federal agency policies, guidance, and regulations for preparation of all levels of NEPA documentation and supporting studies. (2) Knowledge and experience with implementation/preparation of master planning regulations/guidance/general plans, Sustainable Infrastructure Assessments, real property exchange, Community Partnership Initiatives, encroachment studies and other land management planning activities for Department of Defense agencies, Green House Gas, Sustainable Energy Initiatives, Endangered Species Act, Clean Air and Water Acts, National Historic Preservation Act, Coastal Zone Management Act, and related Executive Orders. (3) Demonstrated experience in working environmental projects/issues with the following agencies and offices: U.S. Air Force; U.S. Army; U.S. Marine Corps; U.S. Navy; Army Reserve; Army National Guard; Army Installation Management Command; Army Major Commands; Army Environmental Command; Army Installations; Defense Logistics Agency; Other Department of Defense agencies; Environmental Protection Agency; Department of Homeland Security; National Institutes of Health; President's Council on Environmental Quality; and other Federal agencies. (4) In Block H of the SF 330 describe the firm's quality management plan, including quality assurance process, project scheduling, coordination of the in-house work with consultants, and prior experience of the prime firm and any significant consultant. C. Capacity to Accomplish the Work: The Unrestricted selected firms shall demonstrate the capacity to accomplish at least four (4) $500,000 individual task orders simultaneously; the Small Business selected firms shall demonstrate the capacity to accomplish at least two (2) $500,000 individual task orders simultaneously. D. Past Performance: Past performance on military contracts with respect to cost control, quality of work and compliance with performance schedules. Evaluations will be based on established CPARS ratings and other credible documentation included in the SF 330. E. Volume of DoD Contract Awards: Firms shall provide the volume of work awarded by DoD agencies during the previous 12 months. Volume shall be broken out into contracts, task orders, and amounts. SUBMISSION REQUIREMENTS: Interested Architect-Engineer firms or joint ventures having the capabilities to perform this work as a prime contractor, may submit ONE (1) completed, Portable Document Format (PDF) of their SF 330 (Architect-Engineer Qualifications) proposal on a Compact Disc (CD) or Digital Versatile Disc (DVD) for each category (i.e., Small Business, or Unrestricted) in which the firm wishes to be considered, to: U.S. Army Corps of Engineers, Mobile District, CESAM-EN-D, ATTN: Ms. Allison Jones, 109 St. Joseph Street, Mobile, AL 36602. SF 330 current edition must be used, and may be obtained from the Government Printing Office or from the following web site: http://www.gsa.gov/portal/forms/download/116486. All firms responding to this solicitation MUST identify the category they wish to be considered. Firms should state the words UNRESTRICTED or SMALL BUSINESS after the solicitation number in PART I, A Block 3 of form SF 330. A separate response (SF 330) MUST be submitted for each category in which the firm wants consideration. PDFs shall be compatible with Adobe Acrobat XI. Proposals submitted on anything other than a CD or DVD will not be accepted. Font shall be at least 11 or larger in Arial (not Arial Narrow) for all text, tables, and figures. Pages shall be 8-1/2 inches by 11 inches. PART I OF THE SF 330 SHALL NOT EXCEED 47 PAGES. Blank sheets/tabs separating the sections within the SF 330 will not count against the maximum page count for PART I. Include DUNS number in SF 330 PART I, Section B, Block 5. The organization chart required in section D and the matrix required as Section G, Part I of the SF 330 may be presented on a sheet up to 11 inches by 17 inches. A maximum of ten (10) relevant projects of the prime, the subcontractor(s), or both not to exceed the past five (5) years, will be reviewed in PART I, Section F. Of these ten (10) projects, the prime must have completed a minimum of six (6) projects (either as the prime or subcontractor). Use no more than one (1) page per project. A Project is defined as a project performed under a single, stand-alone contract and/or a task order issued under an existing Indefinite Delivery/Indefinite Quantity (ID/IQ) contract(s). It shall be noted that a task order issued under an ID/IQ is considered a single project. Do not combine multiple task orders to create a single project example. Combining multiple task orders to create a single project will not be compliant with the solicitation criteria, and it will not be evaluated or considered. The Indefinite Delivery Contract number and individual task order number associated with the project in the title must be included for each of the projects. If the project is not 100% complete, note the current percentage and estimated date when project will be completed. In Block G-26, along with the name of key personnel, include the firm with whom the person is associated. A Part II is required for each branch office of the Prime Firm and any Subcontractors that will have a key role in the proposed contract. Six of the ten (10) projects shall specifically address the following areas of emphasis with DoD Services and other Federal Agencies: Project 1- NEPA document(s); Project 2 - Endangered Species Act Biological Assessment/Section 7 Consultation support document(s); Project 3 - National Historic Preservation Act Section 106 and support documents; Project 4 - Installation Master Plans/General Plans/Area Development Plans; Project 5 - Encroachment studies/plans; Project 6 - Environmental Base Survey/Environmental Condition of Property studies. Projects presented to address the areas of emphasis shall be presented and identified in the order listed above. The remaining four (4) projects can follow the area of emphasis projects. Solicitation packages are not provided. Submittals must be received no later than 2:00 P.M. Central Time on 12/22/2015. The Agency will not accept any submittals received after this time and date. The A-E Evaluation Board (Selection Board) is tentatively scheduled TO COMMENCE ON OR ABOUT 01/05/ 2016. As required by acquisition regulations, interviews for the purpose of discussing prospective contractor qualifications for the contract will be conducted only for those firms considered most highly qualified after submittal review by the Selection Board. Interviews will be conducted by telephone and will most likely occur the same week that the Selection Board convenes. Phone calls and personal visits for the purpose of discussing this solicitation are not allowed. ALL QUESTIONS SHALL BE SUBMITTED VIA THE BIDDER INQUIRY PORTAL in ProjNet at http://www.projnet.org/projnet. Questions should be submitted no later than 12/08/2015 at 2:00 p.m. Central Time to allow time for a response. On this date and time the portal will be closed. For questions, no other means of communication (e-mail, fax, or telephone) will be accepted. To submit and review inquiries, firms will need to be current registered users of the ProjNet system. To register, go to the link above, click the BID tab, select BIDDER INQUIRY, select agency USACE, enter the Bidder Inquiry Key for this solicitation listed below, and your e-mail address, and then click login. Complete all required information and then click CREATE USER. Verify that information on the next screen is correct and click CONTINUE. From this page you can view all bidder inquiries for this solicitation or add an inquiry. Offerors or Bidders will receive an acknowledgement of their question via e-mail, followed by a response to their question after it has been processed by our team. The Solicitation Number is: W91278-16-R-0006. The Bidder Inquiry Key is: 72UH82-XGUKBD. Firms are requested to review the Bidder Inquiry Portal for previous questions and responses, prior to submission of a new inquiry on the Portal. Caution: Any inquiry submitted and answered within this system, will be accessible to view by ALL interested FIRMS on this solicitation. The call center for the ProjNet operates weekdays from 8 AM to 5 PM U.S. Central Time Zone. The telephone number is 1-800-428-HELP. To verify your submittal has been delivered, you may e mail Ms. S. Allison Jones at: sally.a.jones@usace.army.mil. To be eligible for contract award, a firm must be registered with the System for Award Management (SAM) database. For instructions on registering with the SAM, please see the SAM Web site at https://www.sam.gov/portal/public/SAM/.

Wave Machine Generator

Department of Homeland Security, United States Coast Guard (USCG) | Published August 5, 2016  -  Deadline August 22, 2016
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o design, build and install the equipment needed to create waves in the tank that the government can use to meet the American Society of Testing and Materials (ASTM) Standard F2152.52.212-4 -- Contract Terms and Conditions -- Commercial Items. As prescribed in 12.301(b)(3), insert the following clause: Contract Terms and Conditions -- Commercial Items (May 2015) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights -- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include -- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to: (A) Change the name in the SAM database; (B) Comply with the requirements of Subpart 42.12 of the FAR; (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jun 2016) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] _X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (Oct 2015) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). ___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). _X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). _X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). ___ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). ___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). ___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). ___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __X_ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693). ___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13. ___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. _X__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. _X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). ___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696). _X__ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. ___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __X_ (48) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X__ (54) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (55) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (58) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause)Additional Contract Clauses52.252-2 -- Clauses Incorporated by Reference. As prescribed in 52.107(b), insert the following clause: Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/http://www.dhs.gov/xlibrary/assets/opnbiz/hsar.pdf Federal Acquisition Regulations 52.204-18 Commercial and Government Entity Code Maintenance. (Jul 2016)52.209-10 - Prohibition on Contracting With Inverted Domestic Corporations.(Nov 2015)52.222-19 -- Child Labor-Cooperation with Authorities and Remedies.(Feb 2016)52.225-13 -- Restrictions on Certain Foreign Purchases.(Jun 2008) Homeland Security Acquisition Regulations3052.223-90 Accident and fire reporting (USCG). (DEC 2003)3052.222-90 Local hire (USCG). (JUN 2006) Contractual Authority and Communications (a) The Contracting Officer is the only person authorized to approve changes to any of the requirements of this contract and, notwithstanding provisions contained elsewhere in this contract, the contractual authority remains solely the Contracting Officer's. (b) In no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract between the Contractor and any other person be effective or binding on the Government. The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract. (c) Except as specified in paragraph (b) above, no order, statement, or conduct of any Government personnel who visit the Contractor's facilities or in any other manner communicate with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause of this contract. If, in the opinion of the Contractor, an effort outside the existing scope of this contract is requested, the Contractor shall promptly notify the Contracting Officer of this contract in writing. No action shall be taken by the Contractor unless the Contracting Officer has issued a formal modification. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer for this contract, the change will be considered to have been made without authority and no cost adjustment will be made to this contract to cover an increase in charges incurred as a result thereof. (d) The Government reserves the right to administratively transfer authority over this contract from the individual named below to another Contracting Officer at any time. (e) The Contracting Officer for this contract is: Name: David J. Berger Address: 1 Chelsea Street, New London, CT 06320-5506Telephone: 860-271-2872E-mail: david.j.berger@uscg.mil Calendar DaysUnless otherwise specified in this contract all references to "days" are defined as "calendar" days.3052.209-70 Prohibition on contracts with corporate expatriates (JUN 2006)(a) Prohibitions.Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.(b) Definitions. As used in this clause:Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held-(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.(e) Treatment of Certain Rights.(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:(i) warrants;(ii) options;(iii) contracts to acquire stock;(iv) convertible debt instruments; and(v) others similar interests.(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.(f) Disclosure. The offeror under this solicitation represents that [Check one]:__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.(End of clause) FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):https://www.acquisition.gov/far/ 52.204-7 -- System for Award Management. (Jul 2013)52.204-16 --Commercial and Government Entity Code Reporting. (Jul 2016)                
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