request for proposal no. raes-boa-geotech-2018...
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July 17, 2018
REQUEST FOR PROPOSAL NO. RAES-BOA-GEOTECH-2018
SOLICITATION DOCUMENT FOR ANALYTICAL SERVICES
Issued By: Tetra Tech, Inc. (EMI Division) Buyer: Rindy Mortensen 1999 Harrison Street, Suite 500 Phone: (208) 255-1315 Oakland, CA 94612 E-mail: [email protected] With this Request for Proposal (RFP), Tetra Tech, Inc. (Tetra Tech) EMI Division, invites your firm to submit a competitive proposal to perform analytical services. Tetra Tech anticipates utilizing these agreements for work being conducted for the U.S. Environmental Protection Agency (EPA) Region 9 under RAES Contract No. EP-S9-17-03. Tetra Tech solicits your proposal in anticipation of awarding multiple Basic Ordering Agreements (BOA) with fixed unit prices, which must remain fixed for the duration of the period of performance (i.e., base period and two option periods through October 10, 2022). Your offer should be prepared and submitted consistent with the terms and instructions set forth in this solicitation document. Tetra Tech will accept one technical proposal per laboratory (company).
This solicitation document and the enclosed attachments describe the technical requirements for supplies and services, and provide instructions for preparing your firm’s proposal. All offerors are expected to examine the specifications, schedule, and all other information and instructions provided with this solicitation document. Failure to do so will be at the bidder’s risk. All proposals are subject to the requirements, specifications, certifications, and representations attached or incorporated herein by reference. This solicitation package consists of the following sections and Attachments:
1. Attachment A – Summary of Laboratory Specifications 2. Attachment B – Detailed Statement of Work 3. Attachment C – Pricing Schedule 4. Attachment D – Representations and Certifications 5. Attachment E – Sample Subcontract
PROPOSAL SUBMISSION DATE. Your proposal should be submitted on or before close of business, 5:00 PM PST, Monday, July 30, 2018, to Rindy Mortensen and Kurt Schmiegel via e-mail at [email protected] and [email protected]. Questions must be submitted via e-mail to [email protected] and [email protected] by July 23, 2018.
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EVALUATION OF OFFERORS. In evaluating the proposal, technical expertise will be given a maximum of fifty (50) points; unit prices a maximum of forty (40) points; and Small Business concern ten (10) points. ADDITIONAL CONSIDERATIONS. The following should be noted with respect to this RFP and your response.
• Offerors must hold a radiological license for handling of materials containing uranium and other radionuclides.
• Notwithstanding the outcome of this solicitation, Tetra Tech shall not be liable for any proposal preparation costs incurred in responding to this RFP.
• Any information furnished regarding this RFP shall be considered confidential and may not be disclosed without the advance permission of Tetra Tech.
• Tetra Tech reserves the right to amend this solicitation up to the award date. Offerors shall acknowledge receipt of all addenda by stating same in their proposal cover letter. Addenda may include, but are not limited to, technical specifications, terms and conditions, and pricing instructions.
• Your offer must be valid for a period of ninety (90) days from the proposal due date.
• Proposals submitted in response to this RFP will be retained by Tetra Tech to document procurement records.
• A sample subcontract agreement terms and conditions is included for review. If the bidder has any exceptions to the terms, they should be noted in the bidder’s cover letter in response to this RFP. Exceptions may or may not be accepted by our contract review representative.
SHOULD YOUR FIRM ELECT NOT TO SUBMIT AN OFFER IN RESPONSE TO THIS RFP, TETRA TECH RESPECTFULLY REQUESTS THAT YOU NOTIFY THE ISSUING OFFICE.
Rindy Mortensen Procurement Manager
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ATTACHMENT A SUMMARY OF LABORATORY SPECIFICATIONS
DATE: July 16, 2018
The following specifications apply to laboratory analyses likely to be requested in support of sampling investigations for work being conducted for the U.S. Environmental Protection Agency (EPA) Region 9 under RAES Contract No. EP-S9-17-03. The maximum anticipated value of this BOA is $200,000 per year, for up to five years. The RAES contract consists of a base period and two option periods, defined as follows: Base Period: date of award through October 10, 2019 Option Period 1: October 11, 2019 – April 10, 2021 Option Period 2: April 11, 2021 – October 10, 2022 The period of performance will cease either (1) upon reaching the maximum value ($800,000 or other value as determined by Tetra Tech), (2) on the RAES contract base year or any option period end, (3) on the RAES full (base plus all option periods) contract end date of October 10, 2022, or (4) other, as determined by Tetra Tech. Instructions for Bidders Please review the summary of laboratory requirements provided below and the detailed Statement of Work (SOW) provided as Attachment B and fill out the pricing table (Attachment C). Return your completed bid packages to Rindy Mortensen and Kurt Schmiegel by close of business on Monday, July 30, 2018 via e-mail at [email protected] and [email protected]. Questions must be submitted via e-mail to [email protected] and [email protected] by Monday, July 23, 2018. Oral explanations or instructions will not be binding. All information given a prospective offeror concerning this solicitation will be furnished promptly to all interested offerors as an addendum to the solicitation if the information is necessary in submitting an offer or the lack of it would be prejudicial to other offerors. Notwithstanding the outcome of this solicitation, Tetra Tech shall not be liable for any proposal preparation costs incurred in responding to this RFP. Scope of Work The laboratory will provide laboratory services, to include the testing of solids samples for various geotechnical parameters. Table B-1 (Attachment B) presents a reasonably complete listing of methods that may be requested during execution of the contract. Project orders (PO) will vary by RAES contract task order and will be provided to the selected laboratories as they become available. Note that these POs may involve the testing of samples with short turnaround times, subject to method limits, between the laboratory’s receipt of samples and the requested date and time for delivery to Tetra Tech of the geotechnical results. These cases will be discussed with the laboratories in advance of sample receipt. Delays in reporting sample results due to lack of laboratory capacity or other issues must be avoided.
Required Accreditation At the time of analyses, the laboratory must hold American Association of State Highway and Transportation Officials (AASHTO) accreditation and/or other relevant certification for the geotechnical methods requested. As such, the laboratory will provide a copy of the current AASHTO accreditation and/or other relevant accreditation programs. The laboratory may also send a listing of additional certifications held by that location.
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Tetra Tech Requirements
• Quantification of radioactivity per sample and sample cooler will be provided to laboratory prior to shipment to confirm compliance with radiological license.
• Tetra Tech will confirm minimum required sample volumes for each method prior to shipment.
• All samples will be submitted under chain-of-custody.
• Tetra Tech will provide return shipping instructions to laboratory for any soils and residue to be returned to the Tetra Tech field office, if necessary.
Laboratory Requirements
• Laboratory will provide radiological license and limitations on quantities of material or activity.
• Laboratory will confirm sample and sample cooler or container activities are in conformance of radiological licensing prior to Tetra Tech shipping samples.
• Soils will be disposed of or returned If necessary to Tetra Tech field office by prior arrangement with Tetra Tech project manager.
• Waters will be disposed of or evaporated and residue returned if necessary to Tetra Tech field office by prior arrangement with Tetra Tech project manager.
• Any other radiologically contaminated materials generated during analysis will be disposed of by Laboratory and the costs shall be included under sample handling in Attachment C.
• Management, review, and reporting costs shall be included under reporting in Attachment C.
• Laboratory results shall be reported in an electronic data package.
• Laboratory shall provide a quality assurance plan or manual and ASTM methods or SOPs for modified methods included in this statement of work and in compliance with their AASHTO accreditation. Cost shall not be borne by any RAES project.
• Analytical reports and data packages shall be submitted 20 business days from sample receipt. Deliverable Requirements
• The laboratory will transmit a sample receipt/sample confirmation form via email once a sample delivery group is logged in to the laboratory system. Please e-mail the sample receipt/sample confirmation form to Trina Wetters at [email protected], and the Tetra Tech project manager, as assigned.
• The laboratory will be required to provide a data package in electronic form (in Portable Document Format [PDF]) via e-mail within 20 business days following sample receipt by the laboratory, unless other arrangements are made in advance of sample receipt by the laboratory. The data package will include the geotechnical results, a case narrative, chain of custody documentation. Please e-mail the data package to Trina Wetters at the address given above, and the designated Tetra Tech project manager.
• CD deliverables should be mailed to Trina Wetters, at the following address:
Trina Wetters
Tetra Tech, Inc.
2969 Prospect Park Drive, Suite 100
Rancho Cordova, CA 95670
Telephone: (916) 853-4534
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All pages in each data package must be paginated, with pages numbered sequentially from the first to the last page. The data packages will include (but not be limited to) the following that is presented in the order provided below:
o Cover page
o Table of contents
o Case narrative, including brief descriptions of the geotechnical methods used and a summary of laboratory non-conformances, if any
o Field/laboratory sample designation cross-reference table
o Data qualifier, abbreviation, and acronym definition page
o Signed original chain-of-custody (COC) forms
o Laboratory sample receipt forms
o Sample receipt logs
o Method specific data forms
o Raw data for all field and duplicate samples.
Invoicing
• Invoices should be submitted in accordance with Section 1.7 of Section I of the Subcontract Schedule (see Attachment E).
• Invoices are paid as soon as possible and typically within 45 days. The invoice payment schedule begins upon receipt of the final data package.
Subcontracting of Analyses
As requested in Attachment C, the laboratory must provide information on which methods they routinely subcontract and to whom they ordinarily subcontract these methods. No sample analyses shall be subcontracted without prior approval from Tetra Tech. Any subcontractor utilized will be subject to the requirements stated in this laboratory specification, including method-specific AASHTO or other relevant accreditation requirements. Unit prices provided in Attachment C must include any additional mark-ups or fees associated with subcontracted methods.
Custody and Storage Procedures
Custody procedures will be followed in the laboratory from sample receipt until the samples are discarded. These procedures are briefly described as follows. The laboratory sample custodian will receive all incoming samples and indicate receipt by signing the accompanying COC forms and retaining copies of the signed forms as permanent records. Once the sample transfer process is complete, the laboratory will be responsible for maintaining internal logbooks, laboratory tracking reports, and other records necessary to maintain custody throughout sample preparation, analysis, and storage. The laboratory will provide a secure storage area, restricted to authorized personnel, for all samples. The custodian will ensure that samples that require special handling are properly stored and maintained prior to analysis. Important: At the completion of sample analysis, any unused portions of the samples or residues will be disposed of or returned if necessary to Tetra Tech field office after confirmation with Tetra Tech project manager.
Summary of Bid Requirements
In summary, the follow items are requested from the laboratory to be considered a legitimate responder to this bid request. Omission of any of the below listed items without prior approval from Tetra Tech may disqualify the laboratory from consideration.
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• A completed Attachment C with any additional information, as appropriate.
• Unit prices provided in Attachment C must be valid through October 10, 2022. A price schedule has been provided for base year and two option periods (18 months). Fixed pricing must be included for the base and two option periods and include any necessary escalation.
• On Attachment C, a “No Bid” (NB) response should be provided for geotechnical methods identified in the Price Schedule that the laboratory is unable to perform. Tetra Tech anticipates awarding multiple BOAs, as necessary, to cover all requested methods and to support capacity needs for multiple project orders.
• Copy of AASHTO and/or other relevant accreditation, complete with parameters included in the accreditation (provide accreditation for any and all laboratories that may receive samples from this program).
• Estimated number of samples which the laboratory can receive and test per week.
• A complete Representations and Certifications form, provided as Attachment D with this RFP. This form must be completed, dated, signed and returned with your offer.
• A current organization chart for the laboratory including all laboratory analysts and management.
• A contact/go-to person and contact information.
• Listing of sample volume requirements included in Table B-2 of Attachment B.
• Copy of the laboratory Quality Assurance Plan or manual and ASTM methods list or SOPs for modified methods in compliance with AASHTO accreditation.
• Sample data package for geotechnical methods.
• Brief description of any relevant experience for 3 to 5 similar projects, including the period of performance, contract value, analyses/methods performed, type of deliverables, current project status, and client contact information.
• Any exceptions to Tetra Tech’s standard subcontract agreement terms and conditions (Attachment E) must be noted in the bidder’s in response to this RFP. Exceptions may or may not be accepted by our contract review representative.
ATTACHMENT B
TETRA TECH, INC.
DETAILED GEOTECHNICAL LABORATORY
STATEMENT OF WORK
July 16, 2018
Prepared By
Tetra Tech, Inc. 1999 Harrison Street, Suite 500
Oakland, CA 94612 (510) 302-6300
CONTENTS
Section Page
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ACRONYMS AND ABBREVIATIONS ...................................................................................... iii
A. INTRODUCTION ...............................................................................................................1
B. BACKGROUND .................................................................................................................1
C. SUBCONTRACTOR QUALIFICATIONS ........................................................................1
CERTIFICATION AND APPROVAL ...........................................................................................1
RESOURCES ...........................................................................................................................2
AUDITS .................................................................................................................................2
DOCUMENTATION .................................................................................................................2
SPECIAL SUBCONTRACTING REQUIREMENTS ........................................................................2
D. TASKS .................................................................................................................................3
TASK 1 – GEOTECHNICAL METHODs......................................................................................3
TASK 2 – SPECIAL REQUIREMENTS ........................................................................................3
TETRA TECH REQUIREMENTS ...............................................................................................3
LABORATORY REQUIREMENTS ..............................................................................................3
FIELD REQUIREMENTS .................................................. ERROR! BOOKMARK NOT DEFINED.
TASK 3 – ELECTRONIC DATA DELIVERABLE..................... Error! Bookmark not defined.
TASK 4 – ELECTRONIC DELIVERABLE ...................................................................................4
TASK 5 – SUPPORT SERVICES ...................................................................................................5
SUBTASK 5.1 – SAMPLE CONTAINERS ...................................................................................5
SUBTASK 5.2 – SHIPPING MATERIALS ...................................................................................5
Bubble-Pack Bags .................................................. Error! Bookmark not defined.
Coolers ................................................................... Error! Bookmark not defined.
Bubble-Pack Sheets ............................................... Error! Bookmark not defined.
Chain of Custody Forms ........................................ Error! Bookmark not defined.
SUBTASK 5.3 – SAMPLE RECEIPT NOTICES ...........................................................................6
SUBTASK 5.4 – STORAGE AND DISPOSAL ..............................................................................6
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TABLES
Table
B-1 REQUESTED GEOTECHNICAL PARAMETERS
B-2 SAMPLE VOLUME AND COMPOSITION
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ACRONYMS AND ABBREVIATIONS
AASHTO American Association of State Highway Transportation Officials ASTM American Society for Testing and Materials International
CD Compact disk
COC Chain of custody
EPA U.S. Environmental Protection Agency
ID Identification
PDF Portable Document Format
QA Quality assurance
QAPP Quality assurance project plan
QC Quality control
RAES Response, Assessment and Evaluation Services
SAP Sampling and analysis plan SDG Sample delivery group
SOP Standard operating procedure
SOW Statement of work
Tetra Tech Tetra Tech, Inc.
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ATTACHMENT B
STATEMENT OF WORKJuly 16, 2018
A. INTRODUCTION
Tetra Tech, Inc. (Tetra Tech) is currently contracted by U.S. Environmental Protection Agency (EPA) Region 9 to provide program management and technical environmental services in support under Response, Assessment and Evaluation Services (RAES) Contract EP-S9-17-03. Tetra Tech requires standard geotechnical services and support services as part of radiological site investigations. Part B of this statement of work (SOW) describes how Tetra Tech manages contracts, and Part C states the minimum qualifications that a subcontractor must demonstrate before and throughout its performance of geotechnical services and support services for Tetra Tech’s contract. Part D, Tasks 1 through 4 discuss standard geotechnical services and support services.
B. BACKGROUND
Tetra Tech is responsible for assembling the technical staff, support services, and other resources necessary to carry out the work for EPA. As Tetra Tech receives work requiring geotechnical services and support services for solids containing radionuclides, it will issue one or more project orders to the subcontractor to request the specific services required under this contract.
C. SUBCONTRACTOR QUALIFICATIONS
To be considered for this subcontract and for two subsequent option years, if awarded, the subcontractor shall initially and yearly demonstrate its technical capability in the areas of certification and approval, resources, and audits. Subcontractor shall have demonstrated experience with handling of radiological materials and hold a current radiological materials license.
CERTIFICATION AND APPROVAL
To perform testing, the subcontractor shall have current license to handle radioactive materials. At the time of testing, the laboratory must hold American Association of State Highway and Transportation Officials (AASHTO) accreditation and/or other relevant certification for the geotechnical parameters requested. As such, the laboratory will provide a copy of the current AASHTO accreditation and/or other relevant accreditation programs. The laboratory may also send a listing of additional certifications held by that location.
The certifications, shall be obtained before the contract begins and shall be retained throughout the contract. The subcontractor shall immediately (within one calendar week) notify Tetra Tech of any change in its certification and approval status. Current certificates must be supplied for inclusion in Tetra Tech sampling and analysis plans (SAP).
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RESOURCES
The subcontractor shall exert its best efforts to provide the qualified personnel and appropriate testing equipment that are needed to support all the potential requirements of the contract. The subcontractor shall retain a staff that possesses technical expertise in (1) geotechnical testing, (2) quality assurance and quality control (QA/QC) procedures, and (3) production of data packages. The subcontractor shall, at all times, have sufficient qualified personnel and appropriate instrumentation available to technically and contractually perform each project order that it accepts.
AUDITS
The subcontractor shall initially and yearly demonstrate its qualifications for and execution of the contract by submitting its facility to one or more audits by Tetra Tech. The audits may consist of (1) an on-site review of the facilities, personnel, documentation, and procedures or (2) an off-site review of electronic deliverables. If deficiencies are identified, the subcontractor shall correct the problem and provide Tetra Tech a written summary of the corrective action that was taken. The subcontractor shall provide full cooperation in support of any laboratory audit performed by Tetra Tech.
DOCUMENTATION
The subcontractor shall follow American Society for Testing and Materials International (ASTM) test methods or if they have any modifications to a test method, a standard operating procedure (SOP) formalized in writing and readily available for all staff members. In addition, SOPs modifying an ASTM method must be available for inclusion in project-specific SAPs. Any proprietary SOPs will be submitted in a legally acceptable manner. Documentation shall follow ASTM method requirements.
Tetra Tech will prepare all SAPs and quality assurance project plans (QAPP). The
subcontractors shall provide laboratory specific information for the QAPP. Specifically, the subcontractor will be required to provide information for the following tables: ASTM method Reference Table, SOPs if modifying an ASTM Method, Instrument Calibration Table, and Instrument and Equipment Maintenance, Testing, and Inspection Table.
SPECIAL SUBCONTRACTING REQUIREMENTS
If Tetra Tech grants approval to the subcontractor to use other laboratories, including affiliate laboratories, the subcontractor is responsible for ensuring that the subcontracted laboratory properly executes all aspects of the SOW. The subcontractor shall review data from the subcontractor’s subcontracted laboratory and report the data in an equivalent format to those specified in Task 3. A subcontracted laboratory is subject to the same certification and performance standards as the subcontractor. The subcontractor is responsible for enforcing standards for data quality and timeliness with respect to any subcontracted laboratories.
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D. TASKS
TASK 1 – GEOTECHNICAL METHODS
Testing shall be performed in accordance with the procedures described in the ASTM methods as indicated Table B-1. Alternate methods may be proposed. Subcontractors will be required to perform the most current method revision at the time of award for which the subcontractor is certified. Tetra Tech may also request subcontracted laboratories to perform new or updated methods as requested by EPA.
TASK 2 – SPECIAL REQUIREMENTS
Due to the unique nature of project scope and location of work, specific requirements may be necessary to accommodate standard geotechnical services and support services. Those special requirements will be included in the project order issued by Tetra Tech and shall be agreed upon before work begins. Before the work begins, Tetra Tech and the subcontractor shall both sign the project order issued by Tetra Tech.
TETRA TECH REQUIREMENTS
• Quantification of radioactivity per sample and sample cooler will be provided to laboratory prior to shipment to confirm compliance with radiological license.
• Tetra Tech will confirm minimum required sample volumes for each method prior to shipment.
• All samples will be submitted under chain-of-custody.• Tetra Tech will provide return shipping instructions to laboratory for any soils and
residue to be returned to the Tetra Tech field office, if necessary.
LABORATORY REQUIREMENTS
• Laboratory will provide radiological license and limitations on quantities of material or activity.
• Laboratory will confirm sample and sample cooler activities are in conformance of radiological licensing prior to Tetra Tech shipping samples and the costs shall be included under sample handling in Attachment C.
• Soils will be disposed of or returned to Tetra Tech field office by prior arrangement with Tetra Tech Project Manager and the cost shall be included under return soil and residue shipping in Attachment C.
• Waters will be disposed of or evaporated and residue returned to Tetra Tech field office by prior arrangement with Tetra Tech Project Manager and the cost shall be included under return soil and residue shipping in Attachment C.
• Any other radiologically contaminated materials generated during testing will be disposed of by Laboratory and the costs shall be included under sample handling in Attachment C.
• Management, review, and reporting costs shall be included under reporting in Attachment C.
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• Laboratory shall provide a quality assurance plan or manual and any SOPs modifying an ASTM method included in this statement of work and in compliance with their AASHTO accreditation. Cost shall not be borne by any RAES project.
TASK 3 – ELECTRONIC DELIVERABLE
The laboratory will transmit a sample receipt/sample confirmation form via email once a sample delivery group is logged in to the laboratory system. Please e-mail the sample receipt/sample confirmation form to Trina Wetters at [email protected], and the Tetra Tech project manager, as assigned.
The laboratory will be required to provide a data package in electronic form (in Portable Document Format [PDF]) via e-mail within 20 business days following sample receipt by the laboratory, unless other arrangements are made in advance of sample receipt by the laboratory. The data package will include the geotechnical results, a case narrative, chain of custody documentation. Please e-mail the data package to Trina Wetters at the address given above, and the designated Tetra Tech project manager.
Compact disk (CD) deliverables should be mailed to Trina Wetters, at the following address:
Trina Wetters Tetra Tech, Inc.
2969 Prospect Park Drive, Suite 100 Rancho Cordova, CA 95670 Telephone: (916) 853-4534
All pages in each data package must be paginated, with pages numbered sequentially from the first to the last page. The data packages will include (but not be limited to) the following that is presented in the order provided below:
o Cover page
o Table of contents
o Case narrative, including brief descriptions of the geotechnical methods used and a summary of laboratory non-conformances, if any
o Field/laboratory sample designation cross-reference table
o Data qualifier, abbreviation, and acronym definition page
o Signed original chain-of-custody (COC) forms
o Laboratory sample receipt forms
o Sample receipt logs
o Method specific data forms
o Raw data for all field and duplicate samples.
The case narrative shall include the following information:
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• Subcontractor name; project name; project order or project number; project order number; SDG number; and table that cross-references client and laboratory sample IDs
• Detailed documentation of all sample shipping and receiving, preparation, testing, and quality deficiencies
• Copies of all associated nonconformance and corrective action forms, which shall describe the nature of the deficiency and the corrective action taken
• Copies of all associated sample receipt notices
• The following statement, copied verbatim and signed and dated by the laboratory manager or that individual’s duly authorized designee, with the signer’s name and title clearly printed after such statement:
“I certify that this data is technically accurate, complete, and in compliance with the terms and conditions of the contract, for other than the conditions detailed above. Release of the data contained in this hard copy data package and its electronic data deliverable submitted on diskette has been authorized by the Laboratory Manager or her/his designee, as verified by the following signature.”
TASK 4 – SUPPORT SERVICES
Standard support services include (1) identification of required sample volume and composition; (2) shipping coolers and supplies; (3) sample receipt notices; and (4) storage and disposal of samples. All those standard support services shall be provided at no additional cost, with the exception of sample material return shipping. Any laboratory direct disposal of sample materials shall be included in sample handling in Attachment C.
SUBTASK 4.1 – SAMPLE VOLUMES AND COMPOSITION
The subcontractor shall indicate in Table B-2 the volume of material and whether an intact core is required for each test method.
SUBTASK 4.2 – SHIPPING COOLERS AND SUPPLIES
The following shipping materials shall be provided: coolers, glass jars where appropriate, temperature blanks (if required by method), chain of custody forms, and custody seals, as requested by Tetra Tech. Tetra Tech will obtain sample containers for volumes of materials exceeding 16 oz jar size. The quantities will be stated in the associated project order. The shipping materials shall be provided to Tetra Tech before field work begins at the address specified on the project order. Shipping materials shall be provided at no additional shipping cost when advance notice of more than two days is provided.
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SUBTASK 4.3 – SAMPLE RECEIPT NOTICES
The subcontractor is required to submit a notice of sample receipt to the sample coordinator specified on the project order, no later than 3 days after the close of an SDG. At a minimum, the sample receipt notice shall consist of the following: (1) one copy of the COC form(s), (2) the SDG Assignment Form, and (3) documentation of any associated sample receipt problems (such as, but not limited to, incompleteness of the COC form, missing samples, or inadequate sample volume). All sample receipt problems shall be immediately communicated to the Tetra Tech technical contact (the project chemist) specified on the project order.
SUBTASK 4.4 – STORAGE AND DISPOSAL
Custody procedures will be followed in the laboratory from sample receipt until the samples are discarded. These procedures are briefly described as follows. The laboratory sample custodian will receive all incoming samples and indicate receipt by signing the accompanying COC forms and retaining copies of the signed forms as permanent records. Once the sample transfer process is complete, the laboratory will be responsible for maintaining internal logbooks, laboratory tracking reports, and other records necessary to maintain custody throughout sample preparation, testing, and storage. The laboratory will provide a secure storage area, restricted to authorized personnel, for all samples. The custodian will ensure that samples that require special handling are properly stored and maintained prior to testing. Important: At the completion of sample testing, any unused portions of the samples or residues will be disposed of or returned as necessary to Tetra Tech field office after confirmation with Tetra Tech project manager.
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TABLE B-1 REQUESTED GEOTECHNICAL PARAMETERS
Testing by Primary Requested Methods shall include:
• ASTM D6913 Standard Test Methods for Particle-Size Distribution (Gradation) of Soils Using Sieve Analysis
• ASTM D7928 Standard Test Method for Particle-Size Distribution (Gradation) of Fine-Grained Soils Using the Sedimentation (Hydrometer) Analysis
• ASTM D7263 Standard Test Methods for Laboratory Determination of Density
• ASTM D4318 Standard Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils
Testing by Secondary Requested Methods shall include:
• ASTM D3080 Standard Test Method for Direct Shear Test of Soils Under Consolidated Drained Conditions
• ASTM C136 Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates
• ASTM C117 Standard Test Method for Materials Finer than 75-µm (No. 200) Sieve in Mineral Aggregates by Washing
• ASTM D1140 Standard Test Method for Determining the Amount of Material Finer than 75-µm (No. 200) Sieve in Soils by Washing
• ASTM D698 Standard Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort
• ASTM D5084 Standard Test Method for Measurement of Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter
• ASTM 2435 Standard Test Method for One Dimensional Consolidation using Incremental Loading
• ASTM D4546 Standard Test Method for One-Dimensional Swell or Collapse of Soils
• ASTM D4767 Standard Test Method for Consolidated Undrained Triaxial Compression Test for Cohesive Soils
* Note that alternate methods may be proposed.
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TABLE B-2 SAMPLE VOLUME AND COMPOSITION
Laboratory:__________________________________________________
Subcontractor shall indicate preferred sample container (type and volume), number of containers/test, and whether the sample must be intact (core).
Geotechnical Test Method
Required Volume/Weight
and Composition of Sample
Primary Requested Methods
ASTM D6913 Particle-Size Distribution (per sieve nest)ASTM D7928 Particle-Size Distribution of Fine-Grained Soils
Using HydrometerASTM D7263 Standard Test Methods for Laboratory
Determination of DensityASTM D4318 Atterberg Limits (Liquid Limit, Plastic Limit, and
Plasticity Index), dry preparation methodSecondary Requested Methods
ASTM D3080 Direct Shear - 2.5 Inch Specimen, 3 specimens/points
ASTM C136 Coarse Aggregate GradationASTM C136 Fine Aggregate GradationASTM C136 Crusher Run Gradation (samples containing both
coarse and fine sizes)ASTM C117 No. 200 Wash-Coarse AggregateASTM C117 No. 200 Wash-Fine AggregateASTM C117 No. 200 Wash-Crusher Run (samples containing
both coarse and fine sizes)ASTM D1140 No. 200 Wash-soilASTM D698 Soil - Standard Proctor (Does not include Oversize
Correction)ASTM D698 Stone Proctor - Standard Effort (Does not include
Oversize Correction)ASTM D4718 Proctor Correction for Oversize ParticlesASTM D5084 Hydraulic Conductivity-Remolded, Method C or FASTM D2435 One Dimensional Consolidation using incremental
loadingASTM D4546-14 Swell or Collapse of Soil, Method A, 4 remolded
specimensASTM D4767 CU Triaxial w/Pore Pressure-remolded, 3
specimens/points
* Note that alternate methods may be proposed.
ATTACHMENT C
PRICING SCHEDULE
METHOD DESCRIPTION UNIT PRICE
ASTM D6913 Particle-Size Distribution (per sieve nest)
ASTM D7928 Particle-Size Distribution of Fine-Grained Soils Using Hydrometer
ASTM D7263 Standard Test Methods for Laboratory Determination of Density
ASTM D4318 Atterberg Limits (Liquid Limit, Plastic Limit, and Plasticity Index), dry
preparation method
ASTM D3080 Direct Shear - 2.5 Inch Specimen, 3 specimens/points
ASTM C136 Coarse Aggregate Gradation
ASTM C136 Fine Aggregate Gradation
ASTM C136 Crusher Run Gradation (samples containing both coarse and fine sizes)
ASTM C117 No. 200 Wash-Coarse Aggregate
ASTM C117 No. 200 Wash-Fine Aggregate
ASTM C117 No. 200 Wash-Crusher Run (samples containing both coarse and fine sizes)
ASTM D1140 No. 200 Wash-soil
ASTM D698 Soil - Standard Proctor (Does not include Oversize Correction)
ASTM D698 Stone Proctor - Standard Effort (Does not include Oversize Correction)
ASTM D4718 Proctor Correction for Oversize Particles
ASTM D5084 Hydraulic Conductivity-Remolded, Method C or F
ASTM D2435 One Dimensional Consolidation using incremental loading
ASTM D4546-14 Swell or Collapse of Soil, Method A, 4 remolded specimens
ASTM D4767 CU Triaxial w/Pore Pressure-remolded, 3 specimens/points
Return Soil and Residue Shipping Preparation (*) (per 10 samples)
Direct Soil and Residue Disposal by Laboratory (per 10 samples)
Sample Handling (per 10 samples)
Reporting (per 10 samples)
Return Soil and Residue Shipping Preparation (*) (per 10 samples)
Direct Soil and Residue Disposal by Laboratory (per 10 samples)
Sample Handling (per 10 samples)
Reporting (per 10 samples)
Alternate methods may be proposed.
(* )Return shipping method and account to be provided by Tetra Tech.
Primary
Requested
Methods
Secondary
Requested
Methods
LABORATORY NAME: OPTION YEAR 3:
4/11/2021 to 10/10/2022DATE:
DATE THROUGH WHICH PRICE QUOTE IS EFFECTIVE:
Primary Requested Methods
Secondary Requested Methods
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ATTACHMENT D OFFEROR REPRESENTATIONS AND CERTIFICATIONS
RFP/SUBCONTRACT NUMBER:__________________________________
NAME AND ADDRESS OF OFFEROR: __________________________________________
BUSINESS CLASSIFICATION:
You may review the definition for the following categories in the Federal Acquisition Regulation 19.7 or in Certification Number
7. Small Business Program Representations in Part I of this document. Title 13 CFR 121.410 and 121.411 provide guidance on
size standards for the subcontracting program. If you have difficulty in determining your size standard, please call 1-800-U-
ASK-SBA or refer to SBA’s website at www.sba.gov.
[ ] Large Business [ ] Small Business [ ] Small Disadvantaged Business [ ] Woman Owned Business [ ] HUBZone Small Business [ ] Veteran-Owned Small Business [ ] Service Disabled Veteran-Owned Small Business [ ] HBCU [ ] Alaska Native Corporation (ANC) (see 43 U.S.C. 1601, et seq.) [ ] Indian Tribe
Under 15 U.S.C. 646(d), any person who misrepresents its size standard shall (1) be punished by fine, imprisonment, or both, (2) be subject to administrative remedies; and (3) be ineligible for participation in programs conducted under the authority of the Small Business Act.
NAICS CODE:_______________ NO. EMPLOYEES:___________DUNS NUMBER:______________ POINT OF CONTACT:____________________________ TELEPHONE:______________________ FACSIMILE:_______________________ EMAIL:_________________________
The following Offeror Representations and Certifications are required as part of this submission: [X ] PART I: OFFEROR REPRESENTATIONS AND CERTIFICATIONS [OR X ] PART I (ALT): ONLINE OFFEROR REPRESENTATIONS (www.sam.gov) [X] PART II: ENVIRONMENTAL PROTECTION AGENCY SUPPLEMENT [ ] PART III: DEPARTMENT OF ENERGY SUPPLEMENT [ ] PART IV: DEPARTMENT OF DEFENSE SUPPLEMENT
By signing below, the Offeror certifies, under the penalty of law, that the Representations and Certifications are accurate, current and complete. The Offeror further certifies that it will notify the Subcontracts Manager of any changes to these Representations and Certifications
_______________________________________ _______________ Signature of Authorized Representative Date
___________________________________ Typed Name and Title
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OFFEROR REPRESENTATIONS AND CERTIFICATIONS PART I - TABLE OF CONTENTS
ALL OF THE FOLLOWING OFFEROR REPRESENTATIONS AND CERTIFICATIONS MUST BE COMPLETED BY THE OFFEROR.
1. FAR 52.203-2 Certificate of Independent Price Determination (April 1985)
2. FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (September 2007)
3. FAR 52.204-3 Taxpayer Identification (October 1998)
4. FAR 52.204-5 Women-Owned Business (Other Than Small Business) (May 1999)
5. FAR 52.209-5 Certification Regarding Responsibility Matters (April 2008)
6. FAR 52.215-6 Place of Performance (October 1997)
7. FAR 52.219-1 Small Business Program Representations (May 2004)
8. FAR 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (Feb. 2001)
9. FAR 52.222-22 Previous Contracts and Compliance Reports (February 1999)
10. FAR 52.222-25 Affirmative Action Compliance (April 1984)
11. FAR 52.222-38 Compliance with Veterans' Employment Reporting (December 2001)
12. FAR 52.222-48 Exemption from Application of the Service Contract Act to Subcontracts for Maintenance, Calibration, or Repair of Certain Equipment - Certification (November 2007)
13. FAR 52.222-52 Exemption from Application of the Service Contract Act to Subcontracts for Certain Services – Certification (November 2007)
14. FAR 52.223-1 Biobased Product Certification (December 2007)
15. FAR 52.223-4 Recovered Metals Certification (May 2008)
16. FAR 52.225-2 Buy American Act Certificate (June 2003)
17. FAR 52.225-4 Buy American Act – Free Trade Agreements – Israeli Trade Act Certificate (August 2007)
18. FAR 52.225-6 Trade Agreements Certificate (January 2005)
19. FAR 52.225-18 Place of Manufacture (September 2006)
20. FAR 52.226-20 Prohibition on Conducting Restricted Business Operations in Sudan- Certification (June 2008)
21. FAR 52.226-2 Historically Black College or University and Minority Institution Representation (May 2001)
22. FAR 52.227-6 Royalty Information (April 1984)
23. FAR 52.227-15 Representation of Limited Rights Data and Restricted Computer Software
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(December 2007)
24. FAR 52.230-1 Cost Accounting Standards Notices and Certification (June 2000) (over $750,000)
25. N/A Certification Regarding Facilities Capital Cost of Money
26. N/A Authorized Negotiators
27. N/A System Approvals
28. N/A Conflict of Interest Certification
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PART I OFFEROR REPRESENTATIONS AND CERTIFICATIONS
1. FAR 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APRIL 1985)
(a) The offeror certifies that--
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered;
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or subcontract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory--
(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or
(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above.
(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
2. FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (over $100,000) (SEPTEMBER 2007)
(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).
(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference in this provision.
(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.
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(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.
3. FAR 52.204-3 TAXPAYER IDENTIFICATION (OCTOBER 1998)
(a) Definitions.
"Common Parent," as used in this solicitation provision, means that corporate identity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
"Taxpayer Identification Number (TIN),"as used in this solicitation provision, means the number required by the IRS to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.
(b) All offerors are required to submit the information required in paragraphs (d) through (f) of this provision in order to comply with requirements of 31 U.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). If the resulting subcontract is subject to the reporting requirements described in FAR 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the subcontract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship by the Government (31 U.S.C. 7701(c)(3)). If the resulting subcontract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.
(d) Taxpayer Identification Number (TIN).
[ ] TIN:
[ ] TIN has been applied for
[ ] TIN is not required because:
[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the U.S. and does not have an office or place of business or a fiscal paying agent in the U.S.:
[ ] Offeror is an agency or instrumentality of a foreign government
[ ] Offeror is an agency or instrumentality of a Federal government
(e) Type of organization
[ ] Sole proprietorship;
[ ] Corporate entity (not tax exempt);
[ ] Corporate entity (tax exempt);
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[ ] Government entity;
[ ] Foreign Government
[ ] International organization per CFR 1.6049-4
[ ] Partnership
(f) Common Parent
[ ] Offeror is not owned of controlled by a common parent as defined in paragraph (a) of this provision
[ ] Name and TIN of common parent
Name ___________________________________ TIN ___________________________
4. FAR 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999)
(a) Definition. "Women-owned business concern" as use in this provision, means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern under FAR 52.21902]. The offeror represents that it [ ] is a woman-owned business concern.
5. FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—
(i) The Offeror and/or any of its Principals— (A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or
declared ineligible for the award of contracts by any Federal agency;
(B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;
(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;
(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
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(2) Examples.
(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has [ ] has not [ ], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) “Principals,” for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).
This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Purchaser may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Purchaser, the Purchaser may terminate the subcontract resulting from this solicitation for default.
(End of provision)
6. FAR 52.215-6 PLACE OF PERFORMANCE (OCTOBER 1997)
(a) The offeror or quoter, in the performance of any subcontract resulting from this solicitation, [ ] intends / [ ] does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the offeror or quoter as indicated in this proposal or quotation.
(b) If the offeror or quoter checks "intends" in paragraph (a) above, it shall insert in the spaces provided below the required information:
Place of Performance (Street, City, State, Zip Code) Name and Address of Owner and Operator of Plant or Facility if Different from Offeror
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7. FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is _______________ [insert NAICS code].
(2) The small business size standard is ___________________ [ insert size standard].
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b) Representations. (1) The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.
(2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] This offeror represents as part of its offer that it [ ] is, [ ] is not a women-owned small business concern.
(4) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.
(5) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision,] The offeror represents, as part of its offer, that -
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office , or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and
(ii) It [ ]is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:_____________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.
(7) [Complete if offeror represented itself as disadvantaged in paragraph (b)(2) of this provision] The offeror shall check the category in which its ownership falls:
__________ Black American __________ Hispanic American __________ Native American ( American Indians, Eskimos, Aleuts, or Native Hawaiians) _________ Asian-Pacific American ( persons with origins from Burma, Thailand, Malaysia,
Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palua), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Maura).
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__________ Subcontinent Asian (Asian-Indian) American ( persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
__________ Individual/concern, other than one of the preceding.
(c) Definitions. As used in this provision –
“Service-disabled veteran-owned small business concern” – (1) Means a small business concern –
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Purchaser contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (a) of this provision.
“Veteran-owned small business concern” means a small business concern – (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned small business concern” means a small business concern – (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned
business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women.
(d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business
concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall –
(i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act.
8. 52.222-18 CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR LISTED END
PRODUCTS (FEBRUARY 2001)
(a) Definition. “Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
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(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
(b) Listed end products. The following end product(s) being acquired under this solicitation is (are) included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, identified by their country of origin. There is a reasonable basis to believe that listed end products from the listed countries of origin may have been mined, produced, or manufactured by forced or indentured child labor.
Listed End Product Listed Countries of Origin
________________ _________________
________________ _________________
(c) Certification. The Government will not make award to an offeror unless the offeror, by checking the appropriate block, certifies to either paragraph (c)(1) or paragraph (c)(2) of this provision.
[ ] (1) The offeror will not supply any end product listed in paragraph (b) of this provision that was mined, produced, or manufactured in a corresponding country as listed for that end product.
[ ] (2) The offeror may supply an end product listed in paragraph (b) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture such end product. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
9. FAR 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEBRUARY 1999)
The offeror represents that –
(a) It [ ] has, [ ] has not participated in a previous contract or subcontract subject the Equal Opportunity clause of this solicitation;
(b) It [ ] has, [ ] has not filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
10. FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APRIL 1984)
The offeror represents that--
(a) It [ ] has developed and has on file / [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or
(b) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
11. FAR 52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING (DECEMBER 2001)
By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., if it has any contract containing FAR clause 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans), it has submitted the most recent VETS-100 Report required by the clause.
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12. FAR 52.222-48 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO SUBCONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT – CERTIFICATION (NOVEMBER 2007)
(a) The offeror certifies [ ] does not certify [ ] that—
(1) The items of equipment to be serviced under this subcontract are used regularly for other than Government purposes, and are sold or traded by the offeror in substantial quantities to the general public in the course of normal business operations;
(2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment.
(i) An “established catalog price” is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public.
(ii) An “established market price” is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and
(3) The compensation (wage and fringe benefits) plan for all service employees performing work under the subcontract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.
(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Purchaser determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Act—
(1) Will not apply to this offeror, then the Service Contract Act of 1965 clause in this solicitation will not be included in any resultant subcontract to this offeror; or
(2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be included in any resultant subcontract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis.
(c) If the offeror does not certify to the conditions in paragraph (a) of this provision—
(1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements, will not be included in any resultant contract awarded to this offeror; and
(2) The offeror shall notify the Purchaser as soon as possible, if the Purchaser did not attach a Service Contract Act wage determination to the solicitation.
(d) The Purchaser may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Purchaser as required in paragraph (c) of this provision.
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13. FAR 52.222-52 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO SUBCONTRACTS FOR CERTAIN SERVICES - CERTIFICATION (NOVEMER 2007)
(a) The offeror shall check the following certification: Certification
The offeror [ ] does / [ ] does not certify that—
(1) The services under the subcontract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;
(2) The subcontract services are furnished at prices that are, or are based on, established catalog or market prices. An “established catalog price” is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. An “established market price” is a current price, established in the usual course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror;
(3) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government subcontract; and
(4) The offeror uses the same compensation (wage and fringe benefits) plan for all service employees performing work under the subcontract as the offeror uses for these employees and for equivalent employees servicing commercial customers.
(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Purchaser determines in accordance with FAR 22.1003-4(d)(3) that the Service Contract Act—
(1) Will not apply to this offeror, then the Service Contract Act of 1965 clause in this solicitation will not be included in any resultant contract to this offeror; or
(2) Will apply to this offeror, then the clause at FAR 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements, in this solicitation will not be included in any resultant subcontract awarded to this offer, and the offeror may be provided an opportunity to submit a new offer on that basis.
(c) If the offeror does not certify to the conditions in paragraph (a) of this provision—
(1) The clause of this solicitation at 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements, will not be included in any resultant subcontract to this offeror; and
(2) The offeror shall notify the Purchaser as soon as possible if the Purchaser did not attach a Service Contract Act wage determination to the solicitation.
(d) The Purchaser may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Purchaser as required in paragraph (c) of this provision.
Tetra Tech, Inc. 13
14. FAR 52.223-1 BIOBASED PRODUCT CERTIFCATION (DECEMBER 2007)
As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 2902, subpart B) to be used or delivered in the performance of the Subcontract, other than biobased products that are not purchased by the offeror as a direct result of this Subcontract, will comply with the applicable specifications or other contractual requirements.
15. RECOVERED METALS CERTIFICATION (MAY 2008)
As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable subcontract specifications or other contractual requirements.
16. FAR 52.225-2 BUY AMERICAN ACT CERTIFICATE (JUNE 2003)
(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. The terms "component," "domestic end product," "end product," "foreign end product," and "United States," are defined in the clause of the subcontract entitled "Buy American Act - Supplies."
(b) Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as Necessary]
(c) The Purchaser will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation.
17. FAR 52.225-4 BUY AMERICAN ACT – FREE TRADE AGREEMENTS – ISRAELI TRADE ACT CERTIFICATE (AUGUST 2007)
(a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian or Moroccan end product”, “component," "domestic end product," "end product," "foreign end product," “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and "United States," are defined in the clause of the subcontract entitled "Buy American Act - Free Trade Agreements - Israeli Trade Act."
(b) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian end product or Moroccan end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act – Free Trade Agreements – Israeli Trade Act”:
Free Trade Agreement Country End Product (Other than Bahrainian End Products or Moroccan End Products) or Israeli End Products:
Tetra Tech, Inc. 14
LINE ITEM NO COUNTRY OF ORIGIN
[List as necessary]
(c) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled “Buy American Act – Free Trade Agreements – Israeli Trade Act” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.
Other Foreign End Products:
LINE ITEM NO COUNTY OF ORIGIN
[List as necessary]
(d) The Purchaser will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation.
18. FAR 52.225-6 TRADE AGREEMENTS CERTIFICATE (JANUARY 2005)
(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made, or designated end country product, as defined in the clause of the Subcontract entitled “Trade Agreements”.
(b) The offeror shall list as other end products those supplies that are not U.S.-made, designated country, Caribbean Basin country, or FTA country end products.
Other End Products:
LINE ITEM NO COUNTRY OF ORIGIN
[List as necessary]
(b) The Purchaser will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Purchaser will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Purchaser will consider for award only offers of U.S.-made or designated country end products unless the Purchaser’s Subcontract Manager determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of this solicitation.
Tetra Tech, Inc. 15
19. FAR 52.225-18 PLACE OF MANUFACTURE (SEPTEMBER 2006)
(a) Definitions. As used in this clause— “ Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999,
except— (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—
(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) [ ] Outside the United States
(3) [ ] Nothing will be manufactured under this subcontract.
20. FAR 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN SUDAN—CERTIFICATION (JUNE 2008)
(a) Definitions. As used in this provision—
“Business operations” means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.
“Marginalized populations of Sudan” means— (1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur
Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and
(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.
“Person” means— (1) A natural person, corporation, company, business association, partnership, society, trust, any other
nongovernmental entity, organization, or group;
(2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and
(3) Any successor, subunit, parent company or subsidiary of any entity described in paragraphs (1) or (2) of this definition.
Tetra Tech, Inc. 16
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
(b) Certification. By submission of its offer, the offeror certifies that it does not conduct any restricted business operations in Sudan.
21. FAR 52.226-2 HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY INSTITUTION REPRESENTATION (MAY 2001)
(a) Definitions. As used in this provision:
“Historically Black College or University” means an institution determined by the Secretary of Education to meet the requirements of 34 CFR 608.2. For the Department of Defense, NASA, and the Coast Guard, the term also includes any non-profit research institution that was an integral part of such a college or university before November 14, 1986.
“Minority Institution” means an institution of higher education meeting the requirements of Section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k, including a Hispanic-serving institution of higher education, as defined in Section 316(b)(1) of the Act (20 U.S.C. 1101a)).
(b) Representation.
The offeror represents that it [ ] is / [ ] is not a historically black college or university. The offeror represents that it [ ]is / [ ] is not a minority institution.
22. FAR 52.227-6 ROYALTY INFORMATION (APRIL 1984)
(a) Cost or charges for royalties. When the response to this solicitation contains costs or charges for royalties totaling more than $250, the following information shall be included in the response relating to each separate item of royalty or license fee:
(1) Name and address of licensor. (2) Date of license agreement. (3) Patent numbers, patent application serial numbers, or other basis on which the royalty is
payable. (4) Brief description, including any part or model numbers of each subcontract item or component
on which the royalty is payable. (5) Percentage or dollar rate of royalty per unit. (6) Unit price of subcontract item.
Tetra Tech, Inc. 17
(7) Number of units. (8) Total dollar amount of royalties.
(b) Copies of current licenses. In addition, if specifically requested by the Contracting Officer before execution of the subcontract, the offeror shall furnish a copy of the current license agreement and an identification of applicable claims of specific patents.
23. FAR 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER SOFTWARE (DECEMBER 2007)
(a) This solicitation sets forth the Government’s known delivery requirements for data (as defined in the clause at 52.227-14, Rights in Data—General). Any resulting subcontract may also provide the Government the option to order additional data under the Additional Data Requirements clause at 52.227-16, if included in the contract. Any data delivered under the resulting subcontract will be subject to the Rights in Data—General clause at 52.227-14 included in this subcontract. Under the latter clause, a Subcontractor may withhold from delivery data that qualify as limited rights data or restricted computer software, and deliver form, fit, and function data instead. The latter clause also may be used with its Alternates II and/or III to obtain delivery of limited rights data or restricted computer software, marked with limited rights or restricted rights notices, as appropriate. In addition, use of Alternate V with this latter clause provides the Government the right to inspect such data at the Subcontractor’s facility.
(b) By completing the remainder of this paragraph, the offeror represents that it has reviewed the requirements for the delivery of technical data or computer software and states [offeror check appropriate block]—
[ ] (1) None of the data proposed for fulfilling the data delivery requirements qualifies as limited rights data or restricted computer software; or
[ ] (2) Data proposed for fulfilling the data delivery requirements qualify as limited rights data or restricted computer software and are identified as follows: ________________________________________________________________________________________________________________________________________________
(c) Any identification of limited rights data or restricted computer software in the offeror’s response is not determinative of the status of the data should a subcontract be awarded to the offeror.
24. FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (OCT 2015)(OVER $750,000)
NOTE: THIS NOTICE DOES NOT APPLY TO PURCHASES FOR COMMERICAL ITEMS, SMALL BUSINESS CONCERNS OR FOREIGN GOVERNMENTS.
Offeror certifies exempt from completing this certification because: [ ] Certified as Small Business at FAR 52.219-1 above [ ] Solicitation specifically states it is for purchase of commercial item [ ] Offeror is a foreign government
This notice is in three parts, identified by Roman numerals I through III.
Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant subcontract.
If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.
Tetra Tech, Inc. 18
I. DISCLOSURE STATEMENT--COST ACCOUNTING PRACTICES AND CERTIFICATION
(a) Any subcontract in excess of $750,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those subcontracts which are exempt as specified in 48 CFR 9903.201-1.
(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror's proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph
(c) of Part I of this provision.
CAUTION: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data.
(c) Check the appropriate box below:
[ ] (1) Certificate of Concurrent Submission of Disclosure Statement.
The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows: (i) original and one copy to the cognizant Administrative Contracting officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable, and (ii) one copy to the cognizant Federal auditor.
(Disclosure must be on Form No. CASB DS-I or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.)
Date of Disclosure Statement: _________________ Name and Address of Cognizant ACO or Federal official Where Filed: _______________________________ _______________________________ _____________________________________________
The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement.
[ ] (2) Certificate of Previously Submitted Disclosure Statement.
The offeror hereby certifies that the required Disclosure Statement was filed as follows:
Date of Disclosure Statement: ______________________________ Name and Address of Cognizant ACO or Federal official Where Filed: ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________
The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement.
[ ] (3) Certificate of Monetary Exemption.
The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling more than $50million or more in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Purchaser Subcontract Manager immediately.
[ ] (4) Certificate of Interim Exemption.
The offeror hereby certifies that (i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure
Tetra Tech, Inc. 19
Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Government Contracting Officer, in the form specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement.
CAUTION: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded.
[ ] (5) Certificate of Disclosure Statement Due Date by Educational Institution.
If the offeror is an educational institution that, under the transition provisions of 48 CFR 9903.202-l(f), is or will be required to submit a Disclosure Statement after receipt of this award, the offeror hereby certifies that (check one and complete):
[ ] (i) A Disclosure Statement Filing Due Date of ______________________ has been established with the cognizant Federal agency.
[ ] (ii) The Disclosure Statement will be submitted within the 6-month period ending months after receipt of this award.
Name and Address of Cognizant ACO or Federal official Where Disclosure Statement is to be Filed: _______________________________________ _______________________________________ _______________________________________ _______________________________________
II. COST ACCOUNTING STANDARDS--ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE
If the offeror is eligible to use the modified provisions of 48 CFR 9903.20l-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.
[ ] The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.
CAUTION: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $50 million or more.
III. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING CONTRACTS
The offeror shall indicate below whether award of the contemplated subcontract would, in accordance with subpara-graph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts.
[ ] YES [ ] No
25. CERTIFICATION REGARDING FACILITIES CAPITAL COST OF MONEY
The Subcontractor [ ] proposes, [ ] does not propose facilities capital cost of money as a proposed cost.
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26. AUTHORIZED NEGOTIATORS
NAME TITLE TELEPHONE
27. SYSTEM APPROVALS
Accounting System: Do you have a Government Approved Accounting system? [ ] yes [ ] no Date of approval, if known: ____________________________________ Cognizant Government Audit Agency: ___________________________________
Address: ___________________________________ ___________________________________
Phone: ___________________________________
Property System: Do you have a Government Approved Property Management system? [ ] yes [ ] no Date of approval, if known: ____________________________________ Approving Agency: ___________________________________
Purchasing System: Do you have a Government Purchasing system? [ ] yes [ ] no Date of approval, if known: ____________________________________ Approving Agency: ____________________________________
28. CONFLICT OF INTEREST CERTIFICATION
The offeror recognizes and endorses the Purchaser's ongoing efforts to comply fully with the Federal procurement laws that govern the Federal work done by Purchaser. The offeror hereby certifies that it knows of no facts or circumstances as a result of its other activities or relationships with other persons or entities that could lead to an organizational conflict of interest as defined in Federal Acquisition Regulation 2.101 and Subpart 9.5 for purposes of this procurement. The offeror recognizes that it has a continuing obligation to examine its other activities and relationships to ensure the work being undertaken or considered will not conflict with or otherwise impair its judgment in performing the subcontract. If at any point during its performance of the subcontract, the offeror becomes aware of any facts or circumstances that could create an organizational conflict of interest, the offeror agrees to immediately disclose such information to Purchaser.
Tetra Tech, Inc. 1Sep 2016
REPS PART I (sam.gov ALT)
OFFEROR REPRESENTATIONS AND CERTIFICATIONS ALTERNATE ORCA CERTIFICATION AND SUPPLEMENT
PART I - TABLE OF CONTENTS
ALL OF THE FOLLOWING OFFEROR REPRESENTATIONS AND CERTIFICATIONS MUST BE COMPLETED BY THE OFFEROR.
1. Certificate of Currency of ORCA Submission (July 2008)
2. FAR 52.230-1 Cost Accounting Standards Notices and Certification (June 2000) (over $750,000)
3. N/A Certification Regarding Facilities Capital Cost of Money
4. N/A Authorized Negotiators
5. N/A System Approvals
6. N/A Conflict of Interest Certification
Tetra Tech, Inc. 2Sep 2016
REPS PART I (sam.gov ALT)
PART I OFFEROR REPRESENTATIONS AND CERTIFICATIONS
1. The offeror certifies that it has completed annual certifications that are posted on the Online Representations and Certifications Application (ORCA) and that all ORCA Representations and Certification are current, accurate and complete. ALL Offerors must complete the Representation and Certifications in paragraphs 2-6 below as a supplement to ORCA. The certification in paragraph 2 below is only applicable in solicitations over $750,000, including base and all option year periods.
2. FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUNE 2000) (OVER $750,000)
NOTE: THIS NOTICE DOES NOT APPLY TO PURCHASES FOR COMMERICAL ITEMS, SMALL BUSINESS CONCERNS OR FOREIGN GOVERNMENTS.
Offeror certifies exempt from completing this certification because: [ ] Certified as Small Business at FAR 52.219-1 above [ ] Solicitation specifically states it is for purchase of commercial item [ ] Offeror is a foreign government
This notice is in three parts, identified by Roman numerals I through III.
Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant subcontract.
If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.
I. DISCLOSURE STATEMENT--COST ACCOUNTING PRACTICES AND CERTIFICATION
(a) Any subcontract in excess of $750,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those subcontracts which are exempt as specified in 48 CFR 9903.201-1.
(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror's proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision.
CAUTION: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data.
(c) Check the appropriate box below:
[ ] (1) Certificate of Concurrent Submission of Disclosure Statement.
The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows: (i) original and one copy to the cognizant Administrative Contracting officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable, and (ii) one copy to the cognizant Federal auditor.
(Disclosure must be on Form No. CASB DS-I or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.)
Date of Disclosure Statement: _________________ Name and Address of Cognizant ACO or Federal official Where Filed: _______________________________ _______________________________
Tetra Tech, Inc. 3Sep 2016
REPS PART I (sam.gov ALT)
_____________________________________________
The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement.
[ ] (2) Certificate of Previously Submitted Disclosure Statement.
The offeror hereby certifies that the required Disclosure Statement was filed as follows:
Date of Disclosure Statement: ______________________________ Name and Address of Cognizant ACO or Federal official Where Filed: ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________
The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement.
[ ] (3) Certificate of Monetary Exemption.
The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling more than $50million or more in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Purchaser Subcontract Manager immediately.
[ ] (4) Certificate of Interim Exemption.
The offeror hereby certifies that (i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Government Contracting Officer, in the form specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement.
CAUTION: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded.
[ ] (5) Certificate of Disclosure Statement Due Date by Educational Institution.
If the offeror is an educational institution that, under the transition provisions of 48 CFR 9903.202-l(f), is or will be required to submit a Disclosure Statement after receipt of this award, the offeror hereby certifies that (check one and complete):
[ ] (i) A Disclosure Statement Filing Due Date of ______________________ has been established with the cognizant Federal agency.
[ ] (ii) The Disclosure Statement will be submitted within the 6-month period ending months after receipt of this award.
Name and Address of Cognizant ACO or Federal official Where Disclosure Statement is to be Filed: _______________________________________ _______________________________________ _______________________________________ _______________________________________
Tetra Tech, Inc. 4Sep 2016
REPS PART I (sam.gov ALT)
II. COST ACCOUNTING STANDARDS--ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE
If the offeror is eligible to use the modified provisions of 48 CFR 9903.20l-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.
[ ] The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.
CAUTION: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $50 million or more.
III. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING CONTRACTS
The offeror shall indicate below whether award of the contemplated subcontract would, in accordance with subpara-graph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts.
[ ] YES [ ] No
3. CERTIFICATION REGARDING FACILITIES CAPITAL COST OF MONEY
The Subcontractor [ ] proposes, [ ] does not propose facilities capital cost of money as a proposed cost.
4. AUTHORIZED NEGOTIATORS
NAME TITLE TELEPHONE
5. SYSTEM APPROVALS
Accounting System: Do you have a Government Approved Accounting system? [ ] yes [ ] no Date of approval, if known: ____________________________________ Cognizant Government Audit Agency: ___________________________________
Address: ___________________________________ ___________________________________
Phone: ___________________________________
Property System: Do you have a Government Approved Property Management system? [ ] yes [ ] no Date of approval, if known: ____________________________________ Approving Agency: ___________________________________
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Purchasing System: Do you have a Government Purchasing system? [ ] yes [ ] no Date of approval, if known: ____________________________________ Approving Agency: ____________________________________
6. CONFLICT OF INTEREST CERTIFICATION
The offeror recognizes and endorses the Purchaser's ongoing efforts to comply fully with the Federal procurement laws that govern the Federal work done by Purchaser. The offeror hereby certifies that it knows of no facts or circumstances as a result of its other activities or relationships with other persons or entities that could lead to an organizational conflict of interest as defined in Federal Acquisition Regulation 2.101 and Subpart 9.5 for purposes of this procurement. The offeror recognizes that it has a continuing obligation to examine its other activities and relationships to ensure the work being undertaken or considered will not conflict with or otherwise impair its judgment in performing the subcontract. If at any point during its performance of the subcontract, the offeror becomes aware of any facts or circumstances that could create an organizational conflict of interest, the offeror agrees to immediately disclose such information to Purchaser.
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PART II
ADDITIONAL REPRESENTATIONS AND CERTIFICATIONS ENVIRONMENTAL PROTECTION AGENCY SUPPLEMENT
ONLY THE REPRESENTATIONS AND CERTIFICATIONS MARKED [X] AS REQUIRED NEED TO BE COMPLETED BY THE OFFEROR.
1. EPAAR 1552.209-72 Organizational Conflict of Interest Certification (April 1984)
2. EPAAR 1552.224-70 Social Security Numbers of Consultants and Certain Sole Proprietors and Privacy Act Statement (April 1984)
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PART II
ADDITIONAL REPRESENTATIONS AND CERTIFICATIONS ENVIRONMENTAL PROTECTION AGENCY SUPPLEMENT
1. EPAAR 1552.209-72 ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATON (APRIL 1984)
The offeror [ ] is / [ ] is not aware of any information bearing on the existence of any potential organizational conflict of interest. If the offeror is aware of information bearing on whether a potential conflict may exist, the offeror shall provide a disclosure statement describing the information.
2. EPAAR 1552.224-70 SOCIAL SECURITY NUMBERS OF CONSULTANTS AND CERTAIN SOLE PROPRIETORS AND PRIVACY ACT STATEMENT (APRIL 1984)
(a) Section 6041 of Title 26 of the U.S. Code requires EPA to file Internal Revenue Service (IRS) Form 1099 with respect to individuals who receive payments from EPA under purchase orders or contracts. Section 6109 of Title 26 of the U.S. Code authorizes collection by EPA of the social security numbers of such individuals for the purpose of filing IRS Form 1099. Social security numbers obtained for this purpose will be used by EPA for the sole purpose of filing IRS Form 1099 in compliance with Section 6041 of Title 26 of the U.S. Code.
(b) If the offeror or quoter is an individual, consultant, or sole proprietor and has no Employer Identification Number, insert the offeror's or quoter's social security number on the following line.
_______________________________________________.
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PART III ADDITIONAL REPRESENTATIONS AND CERTIFICATIONS
DEPARTMENT OF ENERGY SUPPLEMENT
ONLY THE REPRESENTATIONS AND CERTIFICATIONS MARKED [X] AS REQUIRED NEED TO BE COMPLETED BY THE OFFEROR.
Required if marked [X]:
[ ] 1. DEAR 952.204-73 Facility Clearance (May 2002)
[ ] 2. DEAR 952.209-8 Organizational Conflicts of Interest Disclosure - Advisory and Assistance Subcontracts (June 1997)
[ ] 3. DEAR 970.5223-3 Agreement Regarding Workplace Substance Abuse Programs at DOE Sites (December 2000)
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PART III
ADDITIONAL REPRESENTATIONS AND CERTIFICATIONS DEPARTMENT OF ENERGY SUPPLEMENT
1. DEAR 952.204-73 FACILITY CLEARANCE (MAY 2002)
NOTICES
Section 2536 of title 10, United States Code, prohibits the award of a contract or lower tier subcontract under a national security program to an entity controlled by a foreign government if it is necessary for that entity to be given access to information in a proscribed category of information in order to perform the contract unless a waiver is granted by the Secretary of Energy. In addition, a Facility Clearance and foreign ownership, control and influence (FOCI) information are required when the contract or subcontract to be awarded is expected to require employees to have access authorizations.
Offerors who have either a Department of Defense or a Department of Energy Facility Clearance generally need not resubmit the following foreign ownership information unless specifically requested to do so. Instead, provide your DOE Facility Clearance code or your DOD assigned commercial and government entity (CAGE) code.
(a) Use of Certificate Pertaining to Foreign Interests, Standard Form 328
(1) The subcontract work anticipated by this solicitation will require access to classified information or special nuclear material. Such access will require a Facility Clearance for the Subcontractor organization and access authorizations (security clearances) for Subcontractor personnel working with the classified information or special nuclear material. To obtain a Facility Clearance the offeror must submit a Certificate Pertaining to Foreign Interests, Standard Form 328, and all required supporting documents to form a complete Foreign Ownership, Control or Influence (FOCI) Package.
(2) Information submitted by the offeror in response to the Standard Form 328 will be used solely for the purposes of evaluating foreign ownership, control or influence and will be treated by DOE, to the extent permitted by law, as business or financial information submitted in confidence.
(3) Following submission of a Standard Form 328 and prior to contract award, the Subcontractor shall immediately submit to the Purchaser or the Government's Contracting Officer written notification of any changes in the extent and nature of FOCI which could affect the offeror's answers to the questions in Standard Form 328. Following award of a Subcontract, the Subcontractor must immediately submit to the cognizant security office written notification of any changes in the extent and nature of FOCI which could affect the offeror's answers to the questions in Standard Form 328. Notice of changes in ownership or control which are required to be reported to the Securities and Exchange Commission, the Federal Trade Commission, or the Department of Justice must also be furnished concurrently to the cognizant security office.
(b) Definitions
(1) Foreign Interest means any of the following: (i) A foreign government, foreign government agency, or representative of a foreign
government; (ii) Any form of business enterprise or legal entity organized, chartered or incorporated
under the laws of any country other than the United States or its possessions and trust territories; and (iii) Any person who is not a citizen or national of the United States.
(2) Foreign Ownership, Control, or Influence (FOCI) means the situation where the degree of ownership, control, or influence over a Subcontractor by a foreign interest is such that a reasonable basis exists for concluding that compromise of classified information or special nuclear material may result.
(c) Facility Clearance means an administrative determination that a facility is eligible to access, produce, use or store classified information, or special nuclear material. A Facility Clearance is based upon a determination that satisfactory safeguards and security measures are carried out for the activities being performed at the facility. It is DOE policy that all Contractors or Subcontractors requiring access authorizations be processed for a Facility Clearance at the level appropriate to the activities being performed under the contract. Approval for a Facility Clearance shall be based upon:
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(1) A favorable foreign ownership, control, or influence (FOCI) determination based upon the Subcontractor's response to the ten questions in Standard Form 328 and any required, supporting data provided by the Subcontractor;
(2) A subcontract or proposed subcontract containing the appropriate security clauses;
(3) Approved safeguards and security plans which describe protective measures appropriate to the activities being performed at the facility;
(4) An established Reporting Identification Symbol code for the Nuclear Materials Management and Safeguards Reporting System if access to nuclear materials is involved;
(5) A survey conducted no more than 6 months before the Facility Clearance date, with a composite facility rating of satisfactory, if the facility is to possess classified matter or special nuclear material at its location;
(6) Appointment of a Facility Security Officer, who must possess or be in the process of obtaining an access authorization equivalent to the Facility Clearance; and, if applicable, appointment of a Materials Control and Accountability Representative; and
(7) Access authorizations for key management personnel who will be determined on a case-by-case basis, and must possess or be in the process of obtaining access authorizations equivalent to the level of the Facility Clearance.
(d) A Facility Clearance is required prior to the award of a subcontract requiring access to classified information and the granting of any access authorizations under a contract. Prior to award of a subcontract, the DOE must determine that award of the subcontract to the offeror will not pose an undue risk to the common defense and security as a result of its access to classified information or special nuclear material in the performance of the contract. The Government Contracting Officer may require the offeror to submit such additional information as deemed pertinent to this determination.
(e) A Facility Clearance is required even for subcontracts that do not require the Subcontractor's corporate offices to receive, process, reproduce, store, transmit, or handle classified information or special nuclear material, but which require DOE access authorizations for the Subcontractor's employees to perform work at a DOE location. This type facility is identified as a non-possessing facility.
(f) Except as otherwise authorized in writing by the Contracting Officer, the provisions of any resulting subcontract must require that the subcontractor insert provisions similar to the foregoing in all lower tier subcontracts and purchase orders. Any Subcontractors requiring access authorizations for access to classified information or special nuclear material shall be directed to provide responses to the questions in Standard Form 328, Certificate Pertaining to Foreign Interests, directly to the prime contractor or the Contracting Officer for the prime contract.
NOTICE TO OFFERORS - CONTENTS REVIEW (PLEASE REVIEW BEFORE SUBMITTING)
Prior to submitting the Standard Form 328, required by paragraph (a)(1) of this clause, the offeror should review the FOCI submission to ensure that:
(a) The Standard Form 328 has been signed and dated by an authorized official of the company;
(b) If publicly owned, the Subcontractor's most recent annual report, and its most recent proxy statement for its annual meeting of stockholders have been attached; or, if privately owned, the audited, consolidated financial information for the most recently closed accounting year has been attached;
(c) A copy of the company's articles of incorporation and an attested copy of the company's by-laws, or similar documents filed for the company's existence and management, and all amendments to those documents;
(d) A list identifying the organization's owners, officers, directors, and executive personnel, including their names, social security numbers, citizenship, titles of all positions they hold within the organization, and what clearances, if any, they possess or are in the process of obtaining, and identification of the government agency(ies) that granted or will be granting those clearances; and
(e) A summary FOCI data sheet.
NOTE: A FOCI submission must be attached for each tier parent organization (i.e. ultimate parent and any
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intervening levels of ownership). If any of these documents are missing, award of the subcontract cannot be completed.
2. DEAR 952.209-8 ORGANIZATIONAL CONFLICTS OF INTEREST DISCLOSURE - ADVISORY AND ASSISTANCE SUBCONTRACTS (JUNE 1997)
(a) Organizational conflict of interest means that because of other activities or relationships with other persons, a person is unable render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.
(b) An Offeror notified that it is the apparent successful offeror shall provide the statement described in paragraph (c) of this provision. For purposes of this provision “apparent successful offeror” means the proposer selected for final negotiations or, where individual subcontracts are negotiated with all firms in the competitive range, it means all such firms. The requirements of this provision apply individually to any of the proposer’s identified consultants or lower tier subcontractors that also furnish advisory and assistance services in performance of the subcontract.
(c) The statement must contain the following”
(1) Name of the agency and the number of the solicitation in question.
(2) The name, address, telephone number, and federal taxpayer’s identification number of the apparent successful offeror.
(3) A description of the nature of the services rendered by or to be rendered on the instant subcontract.
(4) A statement of any past (within the past 12 months), present, or currently planned financial, contractual, organizational, or other interest relating to the performance of the statement of work. For contractual interests, such statement must include the name, address, telephone number of the client or clients, a description of the services rendered to the previous client(s), and the name of the responsible officer or employee of the offeror who is knowledgeable about the services rendered to each client, if in the 12 months preceding the date of the statement, services were rendered to the Government or any other client (including a foreign government or person) respecting the same subject matter of the instant solicitation, or directly relating to such subject matter. The agency and contract number under which the services were rendered must be included, if applicable. For financial interests, the statement must include the nature and extent of the interest and any entity or entities involved in the financial relationship. For these and other interests enough such information must be provided to allow a meaningful evaluation of the potential effect of the interest on the performance of the statement of work.
(5) A statement that no actual or potential conflict of interest or unfair competitive advantage exists with respect to the advisory and assistance services to be provided in connection with the instant subcontract or that any actual or potential conflict of interest or unfair competitive advantage that does or may exist with respect to the contract in question has been communicated as part of the statement required by (b) above.
(d) Failure of the offeror to provide the required statement may result in the offeror being determined ineligible for award. Misrepresentation or failure to report any fact may result in the assessment of penalties associated with false statements or such other provisions provided by law or regulation.
3. DEAR 970.5223-3 AGREEMENT REGARDING WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES (DECEMBER 2000)
(a) Any subcontract awarded as a result of this solicitation will be subject to the policies, criteria, and procedures of 10 CFR part 707, Workplace Substance Abuse Programs at DOE Sites.
(b) By submission of its offer, the offeror agrees to provide to the Purchaser Subcontract Manager, within 30 days after notification of selection for award, or award of a subcontract, whichever occurs first, pursuant to this solicitation, its written workplace substance abuse program consistent with the requirements of 10 CFR part 707.
(c) Failure of the offeror to agree to the condition of responsibility set forth in paragraph (b) of this provision renders the offeror unqualified and ineligible for award.
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PART IV ADDITIONAL REPRESENTATIONS AND CERTIFICATIONS
DOD SUPPLEMENT
1. FAR SUPP 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country (September 2004)
2. FAR SUPP 252.225-7020 Trade Agreements Certificate (January 2005)
3. FAR SUPP 252.225-7031 Secondary Arab Boycott of Israel (June 2005)
4. FAR SUPP 252.225-7035 Buy American Act -- Free Trade Agreement Implementation Act -- Balance of Payments Program Certificate (June 2006)
5. FAR SUPP 252.247-7022 Representation of Extent of Transportation by Sea (August 1992)
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PART IV ADDITIONAL REPRESENTATIONS AND CERTIFICATIONS
DOD SUPPLEMENT
1. FAR SUPP 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORITST COUNTRY (SEPTEMBER 2004)
(Applies when the amount of the subcontract will equal or exceed $100,000).
(a) Definitions.
Government of a terrorist country” includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof.
“Terrorist country” means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to e a country the government of which has repeatedly provided support for action of international terrorism. As of the date of this provision, terrorist countries include: Cuba, Iran, Iraq, Libya. North Korea, Sudan and Syria.
"Significant interest," as used in this provision, means--
(1) Ownership of or beneficial interest in five percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding five percent or more of any class of the firm's securities in "nominal shares," "street names," or some other method of holding securities that does not disclose the beneficial owner.
(2) Holding a management position in the firm, such as a director or officer,
(3) Ability to control or influence the election, appointment, or tenure of directors or officers of the firm;
(4) Ownership of ten percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or
(5) Holding 50 percent or more of the indebtedness of a firm.
(b) Prohibition on award.
In accordance with 10 U.C. 2327, no contract may be awarded to a firm or subsidiary of a firm if the government of a terrorist country has a signification interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense.
(c) Disclosure.
If the Government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclose such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary. The disclosure shall include (1) identification of each government holding a significant interest and (2) a description of the signification held by each government.
2. FAR SUPP 252.225-7020 TRADE AGRREMENTS CERTIFICATE (NOV 2014)
(a) Definitions. "Designated country end product," "nondesignated country end product," "qualifying country end product," and "U.S. made end product" have the meanings given in the Trade Agreements clause of this subcontract agreement.
(b) Evaluation.(1) Offers will be evaluated in accordance with the policies and procedures of Part 225 of the
Defense Federal Acquisition Regulation Supplement. (2) The Purchaser will consider only offers of end products that are U.S.-made, qualifying
country, or designated country end products unless there is a determination that there are no offers of such end products; the offers of such end products are insufficient to fulfill the Government's requirements under the Prime contract; or a national interest exception to the Trade Agreements Act applies.
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(c) Certifications.
(1) For all line items subject to the Trade Agreements clause, the offeror certifies that each end product to be delivered under this subcontract, except those listed in paragraph (c)(2) of this provision, is a U.S. made, qualifying country, or designated country end product.
(2) The following supplies are other nondesignated country end products:
Line item number_______________________ Country of Origin_______________________
3. FAR SUPP 252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)
(a) Definitions. As used I this provision
(1) “Foreign person” means any person (including any individual, partnership, corporation, or other for of association) other than a United States Person.
(2) “United States” means the 50 Stats, the District pf Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C.1331.
(3) United States person” is defined in 50 U.S.C. App. 2415(2) and means --
(i) Any United States resident or national (other than an individual resident outside the United States who is employed by other than a U.S. person);
(ii) Any domestic concern (including any permanent domestic establishment or any foreign concern); and
(iii) Any foreign subsidiary or affiliate that is controlled by such domestic concern.
(b) Certification. If the offeror is a foreign person, the offeror certifies, by submission of an offer, that it –
(1) Does not comply with the Secondary Arab Boycott of Israel; and
(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. 2407 (a) prohibits a United States person from taking.
4. FAR SUPP 252.225-7035 BUY AMERICAN ACT -- FREE TRADE AGREEMENTS IMPLEMENTATION ACT -- BALANCE OF PAYMENTS PROGRAM CERTIFICATE (NOV 2014)
(a) "Bahrainian end product, domestic end product," “eFree Trade Agreements country’” “Free Trade Agreement country end product,” “Moroccan end product”, "qualifying country end product", and United States" have the meanings given in the Buy American Act -- Free Trade Agreements -- Balance of Payments Program clause of this solicitation.
(b) Evaluation.
(1) Offers will be evaluated in accordance with the procedures and policies in Part 225 of the DFARS and
(2) For line items subject to Free Trade Agreements, will evaluate offers of qualifying country end products or Free Trade Agreements country end products other than Bahrainian end products, Moroccan end products without regard to the restrictions of the Buy American Act or the Balance of Payments Program.
(c) Certifications and identification of country of origin.
(1) For line items subject to the Buy American Act--- Free Trade Agreement Implementation Act and Balance of Payments Program clauses, the offeror certifies that
(i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product; and
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(ii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.
(2) The Offeror shall identify and certify all end products that are not domestic end products.
(i) The Offeror certifies that the following supplies are qualifying country (except Australian or Canadian) end products:
Line Item Number: Country of Origin: ____________________
(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahrainian end products, Moroccan end products:
Line Item Number: ____________________ Country of Origin: ____________________________
(iii) The following supplies are other foreign end products, including end products manufactured in the Unite States that do not qualify as domestic end products:
Line Item Number: ___________________________ Country of Origin: ________________________
5. FAR SUPP 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUGUST 1992)
(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this clause whether transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the Transportation of Supplies by Sea clause of this solicitation.
(b) "Representation." The Offeror represents that it --
[ ] Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.
[ ] Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.
(c) Any contact resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.
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ATTACHMENT E SECTION I
SUBCONTRACT SCHEDULE
1.1 DESCRIPTION OF SERVICES
Seller shall provide the necessary personnel, supplies and equipment to perform the work specified in the Detailed Statement of Work dated July 16, 2018, provided as Attachment B hereto.
1.2 PERIOD OF PERFORMANCE
The period of performance for the purpose of issuing project orders under this Subcontract is from date of award through October 10, 2022.
1.3 SUBCONTRACT TYPE AND CONSIDERATION
This is a Basic Ordering Agreement, which identifies fixed unit prices that cannot be exceeded for the supplies and services specified herein, and are effective for the period stated in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this Subcontract. This Subcontract alone does not authorize delivery or performance of any supplies or services nor the incurrence of any costs therefore. Delivery or performance shall be made only as authorized by project orders issued in accordance with the Ordering clause of this Subcontract. The Seller shall furnish to the Buyer, when and if ordered, the supplies or services specified in the Schedule. This Subcontract in its entirety, any documents incorporated by reference herein, as well as any project orders issued hereunder, are subject to the price, terms, and conditions specified herein or incorporated as attachments hereto and made a part hereof.
Seller shall be compensated for services rendered in accordance with the firm fixed unit prices specified in the Price Schedule, Attachment C, attached hereto. The rates set forth shall not be exceeded regardless of the Seller's experience during the term of the Subcontract. Such rates are inclusive of all labor, overhead, general and administrative expense, profit, travel, and other direct costs, including all standard testing and support services and supplies as set forth in this Subcontract. Notwithstanding any provision to the contrary, the aggregate total of all project orders issued hereunder and Buyer's total liability for all supplies or services shall not exceed ($800,000).
The total Subcontract value stated in this clause is an estimate only. The actual amount is subject to change based upon laboratory capacity, performance, and other factors.
1.4 ORDERING
Any supplies and services to be furnished under this Subcontract shall be by issuance of project orders by the Buyer's Subcontract Representative. Such orders may be issued at any time during the period of performance specified herein. All orders are subject to the terms and conditions of this Subcontract. In the event of conflict between a project order and this Subcontract, the Subcontract shall control.
Each time services are required; Buyer shall issue a project order to Seller specifying the requirements of the job. A sample project order is provided in Appendix A included hereto. Orders are issued by Tetra Tech’s Subcontract Representative, or authorized designee. All verbal orders must be followed up in writing within three (3) working days of the verbal notification.
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The Seller shall be at risk for accepting any project order that does not contain each of the elements provided in Appendix A included hereto. Work performed beyond the specified requirements and authorized funding limitation specified in the project order, shall be at the Seller's own risk until such time as a modification to the project order provides written direction that specifies otherwise.
Upon receipt of a project order, the Seller shall review the order and verify that the terms of the order are accurate and complete and shall determine whether it has the capacity and capability to perform the services specified in compliance with all of the requirements set forth in the Subcontract. Upon Seller approval, an authorized representative of the Seller, specified in Clause 1.5, shall sign and date the project order indicating its acceptance of the order. The Seller shall forward the signed project order, by email or otherwise, no later than two (2) working days from Seller’s receipt of that project order, to Buyer's Subcontract Representative. A fully executed copy of the project order will be returned to the Seller.
Performance of any project order not completed within the effective period of this Subcontract shall terminate at the conclusion of the effective period specified in the project order. The Subcontract shall govern the Seller's and Buyer's rights and obligations with respect to that order to the same extent as if the order were completed during the Subcontract's effective period; provided, that the Seller shall not be required to perform any services ninety (90) days after expiration of the Subcontract.
Project orders shall not allow for any change to the terms or conditions of this Subcontract. Where any language in the project order may suggest a change to the terms or conditions, the Seller shall immediately notify Buyer's Subcontract Representative, or authorized designee.
Except for any limitations on quantities specified herein, there is no limit on the number of project orders that may be issued. The Buyer may issue orders requiring delivery to multiple destinations or performance at multiple locations.
1.5 CONTRACT ADMINISTRATION
In regard to administrative and contractual matters relating to this Subcontract, the parties hereby appoint the below-listed persons, or their duly authorized designees, as the only persons empowered to make commitments on behalf of their respective organizations to effect changes to any portion of this Subcontract. In addition, whenever under this Subcontract one party is required or requires giving notice to the other, such notice shall be deemed to have been given if delivered to the following:
For the Buyer:
Name (print or type) Phone Number Signature
For the Seller:
Name (print or type) Phone Number Signature
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1.6 PAYMENT TERMS
Any Seller invoice discount period or net payment period shall begin when both the invoice and the services (conforming to technical requirements) have been received and accepted by the Buyer. Invoices shall be due and payable within forty-five (45) calendar days of an acceptable invoice. Notwithstanding any of the foregoing to the contrary, payment of any Seller invoice shall be subject to prior approval of the invoice by Buyer's Technical and Subcontract Representatives, and receipt of all data and deliverables specified in the project order. In the event Buyer disputes part or all of any invoice submitted by Seller, Buyer shall notify Seller of the disputed portions. Seller shall submit to Buyer a revised invoice for any undisputed portions, which the Buyer shall then process according to the terms of this agreement.
1.7 SUBMISSION OF INVOICES
Invoices shall be submitted (electronic submission preferred) to the designated Tetra Tech project manager after all technical aspects of the project order have been met and all deliverables submitted to the buyer for a single sample delivery group (SDG). Electronic copies of invoices should also be submitted to the following Tetra Tech representatives, or designee:
Trina Wetters Rindy Mortensen Tetra Tech, Inc. Tetra Tech, Inc. 2969 Prospect Park Drive, Suite 100 1999 Harrison Street, Suite 500 Rancho Cordova, CA 95670 Oakland, CA 94612 [email protected] [email protected]
The invoice shall be separately prepared for each SDG by project order and shall, as a minimum, contain the following data:
a. Seller's name and business address b. Date of invoice c. Description of services (Title) d. Project order number & Release number e. Subcontract number f. SDG Number g. The type and quantity of testing and other services performed h. The unit price and extended total price for each test and all other services performed i. The total amount invoiced by project order and subcontract for the current and cumulative period j. Name, title, phone number, and complete mailing address of the responsible official to whom
payment is to be sent k. A certification signed by an officer of the corporation certifying that "The charges for which payment
is requested herein are true and correct and were incurred during the time period stated in performance of the services requested under Subcontract No. (insert appropriate subcontract number)"
1.8 KEY PERSONNEL REQUIREMENTS
This clause applies with respect to those personnel considered by Buyer to be essential for successful accomplishment of the work to be performed under this Subcontract. For purposes of this Subcontract, key personnel are:
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Name (print or type) Phone Number Signature
The Seller agrees that key personnel shall not be removed from the Subcontract work nor replaced without compliance with this clause.
If one or more of the key personnel for whatever reason becomes, or is expected to become unavailable for work under this Subcontract, the Seller shall immediately so notify the Buyer and, subject to the concurrence of the Buyer, shall promptly replace such personnel with personnel of substantially equal ability and qualifications. All requests for approval of key personnel substitutions must be in writing to Buyer and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a complete resume for the proposed substitute, and any other information requested by the Buyer or needed by the Buyer to obtain Government approval of the proposed substitution, if applicable. The Buyer will promptly notify the Seller of the approval or disapproval of any proposed key personnel substitutions.
1.9 PLACE OF PERFORMANCE
The place of performance for work to be performed under this Subcontract shall be the primary laboratory facility set forth in the preamble. The Seller may not engage the services of any other laboratory, affiliate or otherwise, without obtaining advance written authorization from Buyer's Subcontract Representative each time that such services are requested. In the event that the Seller is authorized to engage in the services of another laboratory, affiliate or otherwise, the Seller shall be responsible for all the terms and conditions as set forth under this Subcontract.
1.10 PROJECT MANAGEMENT
Projects under the Buyer’s government contracts are delineated by individual project numbers. A Tetra Tech Project Manager is designated for each project number to be responsible for satisfying the overall performance requirements of the project scope. In the event direction is given that will affect the price and/or period of performance or otherwise is in conflict with the terms and conditions of this Subcontract, the Seller is responsible for notifying the Buyer's Subcontract Representative or the duly authorized designee specified in Clause 1.5 above.
Overall responsibility and coordination of project requirements on behalf of the laboratory, including but not limited to, project order acceptance, commitment of resources, submission of deliverables, resolution of technical issues, and representation for approved affiliate laboratories, if any, shall be performed by the Seller's designated project manager. The Seller’s designated project manager shall be the sole representative and single point of contact for the laboratory, including any approved affiliate laboratories.
The Seller's project management point of contact is:
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1.11 TEST MODIFICATIONS AND ADDITIONS
Modifications to the test methods and additional specifications for tests not currently identified may be authorized by Buyer's Subcontract Representative only by specifying the test requirements on a revised Price schedule, provided as Attachment C hereto. The Seller shall submit a detailed description of the service(s) to be modified or added and its most competitive unit price quotation on the revised Price Form to the Buyer's Subcontract Representative. The Buyer's Subcontract Representative or designee will accept the unit price quotation or will negotiate with the Seller's authorized representative to arrive at a fair and reasonable price. Upon mutual agreement of the unit price and technical specifications for the service(s) quoted, the Buyer's Subcontract Representative or designee will note the contract change and provide a purchase order modification, as appropriate.
The modification is effective upon signature of all parties on the purchase order modification and remains in effect throughout the term of the Subcontract.
In the event the Seller is asked to perform a geotechnical test which it must subcontract to perform. The Seller is responsible for verifying that the subcontracted laboratory has all the required permits, licenses, accreditations, and validations for persecution of the work. The Buyer shall indicate on the project order in the "Geotechnical Methods to be Quoted" section, that the test required for this project order must be subcontracted out. The Seller shall provide the Buyer with a competitive quote for said test that will remain in effect for the duration of the project order.
1.12 DELIVERY, MARKING AND SHIPPING INFORMATION
Unless specified otherwise, all supplies, materials, data, and reports required to be delivered hereunder shall be delivered FOB Destination. The Seller shall be responsible for marking each container and package with appropriate CAUTIONARY NOTICES to warn of any dangers resulting from improper handling in loading, unloading, shipment and storage, as stated in Code of Federal Regulation 49. The Seller shall provide with each container and package appropriate packing lists for identification of contents.
1.13 WORKING FILES
The Seller shall maintain accurate working files on all work documentation including calculations, assumptions, interpretations of regulations, sources of information, and other raw data required in the performance of this Subcontract. The Seller shall retain these files for a minimum of ten (10) years after completion of all work under this Subcontract. The Seller shall provide the information contained in its working files upon request of Tetra Tech's Subcontract Representative.
1.14 ORGANIZATIONAL CONFLICTS OF INTEREST
The Seller warrants that, to the best of the Seller’s knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest as defined in FAR Subpart 9.5, or that the Seller has disclosed all such relevant information prior to award.
The Seller agrees that if an actual or potential organization conflict of interest is discovered after award, the Seller will make a full disclosure in writing to Buyer's Subcontract Representative. This disclosure shall include a description of actions which the Seller has taken or proposes to take, after consultation with Buyer's Subcontract Representative, to avoid, mitigate, or neutralize the actual or potential conflict.
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During the term of this Subcontract, Seller will notify Buyer, in writing, of its intention to compete for or accept the award of any contract or subcontract which may involve Navajo Nation Abandoned Uranium Mine sites and which, in Seller's opinion, may constitute an organizational conflict of interest under this Subcontract. Such notification will be made before the Seller either competes for, or accepts any such contract or subcontract.
Buyer may terminate this Subcontract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Seller was aware of a potential organizational conflict of interest prior to award and did not disclose or misrepresented relevant information to Tetra Tech, Tetra Tech may terminate the Subcontract for default, debar the Seller from future efforts, or pursue such other remedies as may be permitted by law or this Subcontract.
The Seller further agrees to insert in any subcontract or consultant agreement issued hereunder provisions which shall conform substantially to the language of this clause, including this paragraph.
1.15 LIMITATION ON FUTURE CONTRACTING
The Seller as well as its lower tier Subcontractors, and/or consultants responsible for fact findings or other types of work which directly contribute to the formulation of recommendations as to the need for remedial action projects will be ineligible to compete for such remedial action projects under this or other resulting contracts or subcontracts.
1.16 PERMITS AND LICENSES
The Seller shall, without additional expense to the Buyer, obtain all appointments, licenses, permits, accreditations, and validations required for the prosecution of work.
1.17 FUTURE EXPERT CONSULTING SERVICES
It is recognized that, subsequent to the performance period of this Subcontract, the need may arise to provide expert testimony during hearings and/or court proceedings involving site specific activities or other matters, with regard to which personnel provided by the Seller under this Subcontract (including lower tier subcontractor personnel) would have gained expertise as a result of work performed under this Subcontract. Therefore, on a case by case basis, and only upon the specific approval of the Seller, the Seller agrees to make available expert consulting services in support of such future proceedings, including litigation support and to enter into intent agreements as necessary with lower tier subcontractors to ensure the availability of lower tier subcontractor personnel provided under this Subcontract to provide expert consulting services. Agreement to provide such services in the future serves as a notice of intent only. Such services are not purchased hereby and will be obtained through a separate contractual agreement.
Should the Seller, or any lower tier subcontractors ever have to testify in court in any case related to this Subcontract, all his/her work will be considered proprietary to Buyer and Buyer's client. In such a case, the Seller and its lower tier subcontractors shall not release any information to adverse parties.
1.18 INSPECTION AND ACCEPTANCE
In addition to the inspection and acceptance clauses of the Subcontract, all effort performed under this Subcontract is subject to inspection by various agencies of the Government. The Seller may be required to provide personnel to accompany Buyer to the regulatory agency inspection or review teams. Seller personnel shall be knowledgeable concerning the work being inspected. In addition, the Seller may be required to
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participate in responding to the requestor for information or other findings by said agencies.
Inspection of the work to be provided hereunder shall be governed by the provisions set forth in FAR 52.246-4 entitled "Inspection of Services - Fixed Price," which has been incorporated by reference in the FAR Provisions, Section III.
Notwithstanding the provisions stated above, Buyer will not provide acceptance for the work set forth herein until such work has been demonstrated to comply with the applicable performance and other requirements defined in the detailed SOW, Attachment B hereto. Acceptance by Buyer does not waive the rights of the Buyer in any respect to the Subcontract or any provisions incorporated therein by reference.
1.19 CHANGE IN OWNERSHIP
The Seller shall notify Tetra Tech in advance of any planned or potential changes in company ownership. Tetra Tech reserves the right to continue enforcement of all Subcontract terms and conditions under new ownership, or terminate the agreement for the convenience of Tetra Tech or its client.
1.20 GOVERNING LAW
In its performance of service or work hereunder, the Seller shall comply in all respects with any and all federal, state, county, and local laws, rules, regulations and codes (that is, requirement for permits or certificates), including without limitation RCRA, CERCLA, and any other federal, state, or local environmental laws and regulations, all as the same might be amended or extended from time to time. Irrespective of the place of performance, this Subcontract will be construed and interpreted in accordance with the Federal Acquisition Regulation (FAR) guidelines as enunciated and applied by federal judicial bodies, boards of contract appeals, and quasi-judicial agencies of the federal government. To the extent that the Federal Acquisition Regulations are not dispositive, the laws of the state of California shall apply.
1.21 SUBCONTRACTOR/GOVERNMENT INTERFACE
All meetings and other contacts involving Seller personnel and/or their representatives with representatives of the Buyer’s clients or Buyer's other subcontractors, relative to the effort herein, shall be prearranged through the Buyer's duly authorized representative. The Seller is further reminded that only the Buyer can direct the Seller and/or modify the terms and conditions of this Subcontract.
1.22 GOVERNMENT INVESTIGATION
Buyer reserves the right to terminate this Subcontract if the Seller is subject to sanctions arising from investigative procedures instituted against the Seller by agencies of the Federal or State Government.
1.23 INDEMNIFICATION FOR PENALTIES, FINES, AND/OR INTEREST DUE TO LATENESS
Seller agrees to indemnify Buyer for all fines or penalties (however characterized), including interest, incurred by Buyer as the result of delays caused by the Seller's failure to successfully meet all schedules set forth.
If delivery or performance is so delayed, Buyer may terminate the Subcontract in whole or in part under the Termination clause incorporated by reference in the Special Provisions. Furthermore, any indemnification required pursuant to this clause will be due Buyer in addition to excess costs under the Termination clause.
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The Seller shall not be charged for such costs as described above when the delay arises out of causes beyond the control and without the fault or negligence of the Seller as defined in FAR 52.249-08 - Default.
Where the delay is caused by both parties and results in the assessment of penalties, fines, and/or interest, such assessment shall be apportioned between the parties in the same proportion as their respective contribution to the delay.
1.24 PROBLEMS
The Seller shall immediately notify Buyer regarding any problems and laboratory conditions that may adversely affect the quality and/or timeliness of testing and data reporting. The Seller shall refer issues to both the Buyer Subcontract Representative and Technical Representative specified on the affected project order for resolution regarding samples (for example, mixed media, damaged containers), sample documentation (for example, inconsistent sample and chain-of-custody numbers) or preparation/test nonconformances. Notification and resolution of the above problems shall be done prior to further sample testing. The Seller shall operate at its own risk if problems occur and testing continues without Buyer approval. Furthermore, the Seller shall have one (1) calendar week from receipt of Buyer's request to respond to requests for additional information that result from any problems.
1.25 QUALITY ASSURANCE/QUALITY CONTROL
The Seller shall establish and maintain a QA/QC Program in accordance with FAR 52.246-4, incorporated herein by reference in Section III, to ensure that the work performed under the Subcontract conforms to the Subcontract requirements.
The Seller's QA/QC Plan shall provide Seller's top management with an effective and efficient means of identifying and correcting problems throughout the entire scope of operations. At the very minimum, the plan shall include:
a. A description of the Seller's QA/QC Plan. The plan must cover all contract services, specify work to be inspected on either a scheduled or unscheduled basis, and describe how inspections are to be conducted
b. The names and qualifications of the individuals responsible for performing the QA/QC inspections, and the extent of their authority
c. Provisions for recording the results of inspections and for recording corrective action taken
d. Provisions to update and revise the QA/QC Plan during the performance of the Subcontract
The Seller shall maintain a file of all QA/QC inspections both performed and scheduled, inspection results, and dates and details of corrective actions taken. The file shall be made available to Buyer at any time during regular working hours.
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SECTION II TERMS AND CONDITIONS
LABORATORY AND RELATED ACTIVITIES
1. DEFINITIONS
a) “Order” means all terms and conditions, attachments, amendments or other such documents set forth herein which shall govern the Work performed by Seller.
b) “Work” means the services of Seller’s personnel described by Buyer and any other Work as may be added to or performed in connection with this Order.
c) “Jobsite” means the area or location designated by Buyer at which Work is being performed. d) “Client” means the person or entity by whom Buyer has been issued a Prime Contract to perform services.
2. PRECEDENCE AND PURCHASE ORDER CONTENTS. The Order consists of the following sections:
Subcontract Terms and Conditions Prime Contract FAR Flow-down clauses Attachment A – Summary of Laboratory Specifications Attachment B – Detailed Laboratory Statement of Work Attachment C – Pricing Schedule
3. RELATIONSHIP OF PARTIES. Seller, including its employees, agents or representatives, shall be deemed an independent contractor and not an agent or employee of Buyer. All benefits, coverages and claims of its employees shall be the sole obligation of Seller. Unless specifically authorized by Buyer, Seller shall have no authority to make commitments of any kind on behalf of Buyer.
4. WARRANTY. Seller warrants that Seller and its employees shall, in performing Work hereunder, exercise the degree of skill, care and diligence consistent with the highest industry standards and perform Work in accordance with any and all drawings, specifications or requirements provided by Buyer, and that such Work will be suitable for the purpose intended. Should Seller fail to perform to those standards, it shall (a) without cost to Client or Buyer, reperform and correct any substandard Work; and (b) reimburse Buyer for Buyer's direct, incidental, consequential or other costs resulting from or arising in connection with breach of such warranty. If Seller fails to replace or correct any such Work after reasonable notice, Buyer may, at its sole option, cause such Work to be replaced or corrected and all costs and expenses incurred in connection therewith shall be borne by Seller. Provided, however, that if the deficiency in the Work poses an immediate health and safety risk to Buyer, Client or others, then Buyer shall have the right to direct reperformance and correction of the substandard Work by the most immediate means available, and reasonable costs thereof shall be borne by Seller.
Seller also warrants that any goods supplied are merchantable, of highest quality, comply with specifications, drawings and data submitted to or by Buyer, are free from defects, whether patent or latent, in design, material and workmanship and are suitable for the particular use for which the items are purchased and are free and clear of all liens and encumbrances. Seller shall transfer all manufacturer or vendor warranties associated with the goods supplied to Buyer and/or any entity designated by Buyer.
Any Work corrected as a consequence of this Article shall be subject to the same warranty as provided for the original Work.
The rights and remedies of Buyer as provided in this Article and elsewhere in this Order shall in no way limit any other rights and remedies Buyer may have under this Order or at law or in equity.
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5. COMPLIANCE. Seller shall fully comply with all federal, state and local laws, ordinances, statutes, rules, regulations, license and permit conditions or requirements (hereinafter "Laws"), including but not limited to all Laws pertaining to the environment and/or natural resources, all Laws pertaining to employment, all Laws pertaining to health and safety, and any and all other Laws affecting Seller's performance of Work hereunder. Seller shall, if requested, furnish proof of any license or permit required in connection with the performance of Work. All fees and charges in connection with Seller's compliance with applicable Laws shall be borne by Seller. In the event of violation by Seller of any applicable Laws, or the failure of Seller to comply with same, Seller shall pay all fines, penalties and other expenses, including attorneys' fees, imposed upon or incurred by Seller or Buyer in connection therewith.
6. INSURANCE. Without limiting any of the other obligations or liabilities of the Seller, the Seller shall at its sole expense, provide and maintain in effect at all times during the performance of the Work and any warranty period, the minimum insurance coverage(s) in accordance with the requirements of the Insurance Matrix incorporated in Appendix B herein by reference, for the Seller and any lower tier subcontractors. Prior to the execution of this Order, Seller shall furnish to the Buyer a Certificate of Insurance acceptable to Buyer evidencing compliance with Buyer's requirements. Certificates shall identify on their face the project name and the applicable Order number. Seller is also required to provide an updated or renewal certificate of insurance prior to the expiration date of a certificate. Receipt of certificates which vary from Buyer’s Insurance Requirements shall not be deemed to waive the terms of such Requirements. Except for Workers Compensation and Professional Liability, Seller shall name Buyer its’ respective affiliated companies and their officers, directors, and employees as additional insureds by means of an unrestricted endorsement to its insurances policies. Such insurance shall be primary insurance and contain a Severability of Interest clause. Any other insurance maintained by the additional insureds named above shall not contribute with insurance provided by the Seller’s insurer(s) under this additional insured provision. Seller’s policies shall provide a waiver of subrogation in favor of Buyer and all additional insureds named above. Buyer may request that Seller provide copies of such policies to Buyer for review within ten (10) days of commencement of Work. Seller shall maintain copies of all such policies. Seller is required to provide 30-days prior written notice of any change to its insurance coverage or that of any approved lower tier subcontractor. If Seller fails to provide or maintain the required insurance, or if the insurance company fails, for whatever reason, to honor any claims made against the insurance, Seller shall be fully and individually liable for any such claims. All deductibles are the responsibility of Seller. Neither Buyer nor Client is maintaining any insurance on behalf of Seller. The requirements contained herein as to types and limits, as well as Buyers approval of insurance coverage to be maintained by Seller, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Seller under this subcontract. Seller or its lower-tier subcontractor or suppliers shall not be permitted to continue with the Work or maintain a presence on the jobsite unless a current certificate of insurance complying with the requirements of this Order is held by Buyer.
If Professional Liability Coverage, Pollution Legal and Environmental or Impairment Liability Coverage is listed in the Insurance Matrix (Appendix B), Seller is required to maintain Professional Liability Coverage, Pollution Legal and Environmental Impairment Liability Coverage for a period of one (1) year from contract completion and/or termination. Should the required Professional Liability Coverage, Pollution Legal and Environmental Impairment Liability Coverage be provided on a Claims Made basis, Seller shall either provide "tail coverage" if Seller switches insurance carriers or have the current policies renewed by the same insurance carrier who originally issued the Professional Liability Coverage, Pollution Legal and Environmental Impairment Liability Coverage. If the required Professional Liability Coverage, Pollution Legal and Environmental Impairment Liability Coverage is renewed it must be made retroactive to a date prior to work first commencing under this Order. Seller must show proof that he is maintaining the required Professional Liability Coverage, Pollution Legal and Environmental Impairment Liability Coverage. If Seller subcontracts any of its work or portion thereof, Seller shall flow down this provision as required by this Order to its Subcontractors. The obligations of Seller under this Insurance Article, shall survive termination of this Order.
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7. CHANGES. Buyer may, without invalidating this Order, make changes of any kind within the general scope of this Order. Changes made to this Order shall be incorporated by written Change Order or Amendment only and shall not be binding unless signed by Buyer's Contractual Representative. If a change causes an increase or decrease in the cost of or the time required for performance of this order, Seller shall give written notice within three (3) days of receipt of the change and shall specify in full and complete detail the basis for its assertion of its right to an adjustment within seven (7) days thereafter. Claims asserted thereafter shall be deemed waived.
Notwithstanding the above, it is understood and agreed to by the parties that any changes to this subcontract that are initiated by or arise out of Client action or inaction are conditioned upon Client’s approval. Seller’s subcontract shall be modified to incorporate the change upon Client’s written notice that Buyer’s contract is modified to reflect the change.
Failure to agree to any adjustment shall be a dispute under Article 12 (Disputes). However, nothing in this Article shall excuse Seller from proceeding with its Work as directed by Buyer.
8. NOTIFICATION OF CHANGES. Seller shall not be entitled to the payment of any additional compensation for any cause other than as specifically provided for in this Order, including without limitation any act, or failure to act by Buyer, or the Client or the happening of any event, thing, or occurrence (hereinafter "changes") unless Seller shall have given Buyer due written notice of any conduct by Buyer or the Client (including actions, inactions, and written or oral communications) that Seller regards as a change to the terms of this Order.
The written notice of change shall set forth all facts required to allow the evaluation of reasons for the change and the evaluation of its merits. Notice shall be given as soon as possible, and whenever possible, prior to the time that the Seller commences performance of the work giving rise to the potential change, or as otherwise specified in the Order, or in all other cases within five (5) days after the happening of the event, thing, or occurrence giving rise to the potential change.
It is the intention of this Article that any difference between the parties, arising under and by virtue of this Order, be brought to the attention of Buyer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate remedial action promptly taken. Seller hereby agrees that it shall have no right to additional compensation, excuse for nonperformance, or any claim that may be based on any act, failure to act, event, thing, or occurrence for which timely written notice of potential changes as herein required was not filed.
9. FORCE MAJEURE. Time is of the essence in Seller's performance of Work under this Order. Seller shall not be considered in default in the performance of its obligations hereunder to the extent that such performance is delayed by causes outside its control and not due to its fault or negligence and not reasonably foreseeable or, if foreseeable, cannot be avoided by the exercise of all reasonable efforts, including acts of civil or military authority, acts of God, acts of war, acts of government, riot, insurrection, blockages, embargoes, sabotage, epidemics, fire, flood, and/or famine. No such interruption shall relieve Seller of its duty to perform or give rise to any damages or additional compensation from the Buyer. Seller has as its sole remedy against Buyer in the event of such interruption the right to seek an extension of time for performance equal to the time lost as a result of said interruption. In the event of such interruption, the Seller shall notify Buyer within two (2) working days in writing of the nature, cause, date of commencement and anticipated extent of such delay and its effect on the scheduling of performance. Any request for an extension of time by reason of such interruption shall be given to the Buyer within two (2) days after the end of the interruption.
10. TERMINATION. Buyer has the absolute right to terminate or suspend Work under this Order by written notice to Seller. Such termination or suspension may be in whole or in part and shall be at the sole discretion of Buyer, may be done at any time and may be for any reason whatsoever. Notice of termination or suspension
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may specify the schedule and manner and other conditions of the termination or suspension and Seller shall comply therewith. In such event, Seller shall be entitled to payment for the Work performed up to the time of such termination or suspension in accordance with the terms of this Order, including such expenditures as in the judgment of Buyer are necessarily incurred by Seller in the orderly termination or suspension of its Work as prescribed in the notice.
If Seller ceases its operations in the usual course of business or is unable to meet its obligations, or if proceedings under any provision of the federal, state or local bankruptcy laws are initiated against Seller, or if a receiver, trustee, or liquidator is appointed or applied for, or if an assignment for the benefit of creditors is made by Seller, or if Seller fails to perform any of its obligations under this Order, including failure to comply with any of Buyer's instructions, regulations or procedures, or failure to meet the specified schedule of performance, then Seller shall be in default. Buyer may suspend Work until the basis for Seller’s default has been corrected to Buyer’s satisfaction or terminate this Order for default. Seller shall not be entitled to any compensation for costs incurred during such a suspension. In addition, Seller shall be responsible for any damages suffered by Buyer, its successors and assigns, or Client as a result of the suspension or termination for default.
The foregoing shall be in addition to any other rights Buyer may have under this Order or applicable law.
11. STOP-WORK ORDER. Buyer may, at any time, by written notice to Seller, stop all or part of the Work hereunder for up to ninety (90) days. Upon receiving a stop-work order Seller shall immediately comply with its terms and take all reasonable steps to avoid incurring any additional costs allocable to such Work. Within ninety (90) days after the effective date of the stop-work order, Buyer shall (i) cancel the stop-work order; (ii) terminate all or a portion of the affected, or (iii) continue the stop-work order. Buyer agrees to make a good faith effort to negotiate an equitable adjustment in the delivery schedule and/or price hereunder if the stop-work order results in an increase in time or cost for performance. Seller must assert a claim for equitable adjustment within fifteen (15) days after the end of the Work stoppage.
12. DISPUTES. If any claim, controversy or dispute of any kind or nature whatsoever arises between Buyer and Seller and such dispute cannot be settled through negotiation, then any dispute shall be determined in appropriate legal proceedings, first through non-binding Alternative Dispute Resolution proceedings, if agreed to by the parties, then, if necessary, in a court of law, consistent with Article 16 (Governing Law).
Pending the resolution of any dispute under this Order, the Seller shall proceed as directed by written notice from Buyer. Disputes under this Order shall not affect any other Order in place or other Work being performed by Seller.
If a decision relating to the Prime Contract is issued by the Client under the Prime Contract and the decision relates to the Order, said decision, if binding upon Buyer under the Prime Contract shall also be binding upon Buyer and Seller with respect to such matter. In the event that any Change arises out of or is caused by action or inaction of Client, and provided (i) that due notice as required hereunder has been given and (ii) that Buyer believes the request is reasonable and made in good faith as indicated by Seller’s Certification as set out below, Buyer shall pass Seller’s request for adjustment through to Client for resolution. The decision of Client with respect to any such request shall be final and binding on Seller and the Change, if any, actually agreed to by Client pursuant to such pass through request shall constitute Seller’s sole and exclusive remedy, and Seller shall make no claim against Buyer, in connection therewith.
If any Client decision or judgment is binding upon Buyer and Seller, and Buyer is unable to obtain reimbursement from the Client under the Prime Contract, or is required to refund or credit any amount with respect to, any item of cost or fee for which Buyer has reimbursed Seller, then Seller shall, on demand, promptly repay such amount to Buyer. Buyer’s maximum liability for any matter connected with or related to the Order, which was properly
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the subject of a claim against the Client under the Prime Contract, shall not exceed the amount of Buyer’s recovery from the Client.
In order to induce Buyer to pass through Seller’s request to Client, Seller shall with each such request provide a certification signed by an officer stating as follows: “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Seller believes the Client is liable; and that I am duly authorized to certify the claim on behalf of the Seller.”
13. NOT USED
14. AUTHORIZED REPRESENTATIVES. The following Authorized Representatives are designated for purposes of this Order.
BUYER: Rindy Mortensen
CONSULTANT: Project Manager (TBD)
Issues which affect pricing, schedule, scope of work or terms and conditions shall be resolved through the Authorized Representatives. All notices shall be in writing and sent by certified mail return receipt requested, postage prepaid, to the designated Authorized Representatives.
15. LOWER TIER SUBCONTRACTS AND PURCHASE ORDERS. Seller shall not subcontract its Work or any portion thereof without the prior written consent of Buyer. Any approved subcontracts and purchase orders shall be made in the name of Seller, shall not bind nor purport to bind Buyer, shall not relieve the Seller of any obligation under this Order and shall be in such form and contain such provisions as are required by this Order or as Buyer may prescribe, including insurance, claims and losses, health and safety, compliance, and labor disputes. The Seller shall have the sole responsibility of supervising and coordinating the Work of its Sellers.
16. NOT USED
17. AMENDMENT AND NON-WAIVER. This Order can be modified only by written Change Order under Article 7 or by formal Amendment signed by authorized representatives of Buyer. No other modification, change or amendment shall have any force or effect. Failure by Buyer in any instance to insist upon observance or performance by the Seller of all terms, conditions or provisions of this Order shall not be deemed a waiver by Buyer. No waiver shall be binding upon Buyer unless done pursuant to a formal Change Order or Amendment in writing, signed by Buyer's Contractual Representative, and shall then be for the particular instance only. Payment of any sum by Buyer to Seller with or without the knowledge of any breach shall not be deemed to be a waiver of any such breach or any other breach, nor shall such payment constitute an acceptance of the Work not in accordance with this Order nor relieve Seller of its obligations hereunder.
18. DRAWINGS, DATA AND WORK. Seller shall furnish Buyer with such preliminary and final design drawings and technical data ("Data") as are required for the performance of Work under this Order. Buyer's review of such documents shall be solely for the purpose of ascertaining general conformity with the Drawings and Specifications and shall not include review of efficiency, adequacy or safety of Seller's methods.
Buyer's review or comments of such Data shall not relieve Seller from the entire responsibility for the correctness and suitability of Seller's Work or for any other obligation of Seller hereunder.
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Omissions from Data which are manifestly necessary to carry out the Work shall not relieve the Seller from performing such omitted details or Work, but they shall be performed as if fully and correctly set forth and described in the Data.
All documents and information, including, but not limited to studies, calculations, assumptions, data, findings, results and reports and other information resulting from the performance of Seller hereunder are the exclusive property of Buyer. Seller shall, unless otherwise directed delivery to Buyer all such documents and information and Buyer shall have the right to use them for any purpose whatsoever.
19 NOT USED.
20. NOT USED.
21. ASSIGNMENT. This Order shall not be assigned without the prior written consent of Buyer.
22. INSPECTION. Seller shall provide and maintain an inspection system covering the Work, including material and services, to be furnished under this Order. Records of such system shall be maintained and available to Buyer and/or Client. Buyer and/or Client shall have the right to inspect any Work furnished by Seller and may reject and/or require reperformance of any Work not performed in accordance with the requirements set forth herein. If any Work or portion thereof is determined to be unsuitable, defective or in violation of any law, rule or regulation, including any legal requirement relating to the environment or the handling of hazardous materials, Seller shall bear and pay all expenses incidental to the correction of unsuitability and/or correction of such Work, including without limitation any fines or penalties.
If Seller is providing laboratory services Buyer's Technical Representative has the authority and will determine if testing data provided by Seller meets the criteria stated in this Order, including any specifications and/or testing protocols provided by Buyer and/or contained in the Scope of Work. Seller shall advise Buyer promptly if seller has questions regarding the integrity of any test data provided by Buyer. Buyer shall determine the acceptability of any test data provided hereunder. If Buyer determines Seller's test data fails to meet the specified contractual requirements, testing protocols, or other criteria established in accordance with this Order, Buyer has the option at its discretion to request corrective action or other remedy as provided for in the Paragraph 4, Warranty, or elsewhere in this Order.
Seller recognizes and acknowledges that Buyer will rely on the accuracy and timeliness of Seller's Work in conducting its field activities (for example, field activities may include, but are not limited to, remediation, or arranging for disposal of hazardous or regulated substances) and that inaccurate or untimely data can result in substantial field rework and re-disposal costs. Seller shall reimburse Buyer for any re-sampling, testing, re-procurement or other costs incurred by Buyer as a result of Seller's unacceptable testing including, but not limited to, program management time, sample crew time and expenses, insurance, disposal costs, samples, personal protection equipment, any other equipment and costs, including proportional share of indirect and overhead costs related to re-sampling, testing, and re-procurement of testing services. The foregoing rights and remedies are in addition to any others available to Buyer at law or in equity or elsewhere in this Order.
23. WORK PERFORMED AT SELLER'S RISK. Seller shall perform all Work at its risk and if the Work or any portion thereof shall be damaged in any way before the final completion and acceptance of the Work, Seller shall promptly repair or replace such damaged Work without expense to Client or Buyer. Seller shall be responsible for any loss or damage to equipment or other articles used or held for use in connection with the Work.
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24. ENVIRONMENTAL PROTECTION. Unless otherwise provided for in this Order, Seller shall, at no additional cost to Buyer, furnish all necessary or advisable facilities, means, methods and safeguards to prevent any threat of or the actual exposure of any person or organism or the contamination of the environment.
Seller shall not (a) discharge or permit the escape of any substance or material to the soil or groundwater or any other body of water which may pollute the water or in any way become harmful to fish or wildlife or the public; (b) emit or permit the escape of air contaminants, including dust or smoke, from any source whatsoever; (c) cause or allow any other contamination of the air, water, soil or any other environmental vehicle.
25. ENVIRONMENTALLY SENSITIVE ACTIVITIES. Environmentally Sensitive Activities are defined as any which could include or result in the release or threatened release of, or exposure or threatened exposure of any person or property to, any hazardous or regulated substance, material, agent or vapor including without limitation, asbestos, PCBs, ordnance and munitions, radioactive, mixed or hazardous waste, including without limitation, any designated as hazardous or subject to regulation under any applicable law, rule or regulation including without limitation the Toxic Substances Control Act, the Resource Conservation and Control Act and the Comprehensive Environmental Response, Compensation and Liability Act.
In the event that Seller's activities in connection with this Order or its Work hereunder involve Environmentally Sensitive Activities, Seller hereby warrants and guarantees that it and its employees are fully qualified and licensed to perform such Activities and are informed and trained in the particular aspects of the Work under this Order. The obligations of Seller under Article 33 (Claims and Losses) shall extend to any Claim (as defined in that Article) which may be brought against Seller or Buyer or its or their respective officers, directors and employees arising out of or alleged in any way to involve or be based in any Environmentally Sensitive Activity.
26. RIGHT TO RELY. Buyer shall be entitled to rely without independent verification on the accuracy, currency and completeness of information supplied by Seller or its approved subcontractors. The obligations of Seller under Article 33 (Claims and Losses) shall extend to any Claim (as defined in that Article) which may be brought against Seller or Buyer or its or their respective officers, directors and employees arising out of or alleged in any way to involve such information.
27. INDEBTEDNESS AND LIENS. Seller, for itself, its subcontractors and its materialmen covenants that no mechanic's liens or claims shall be filed or maintained by any of them against the Work performed hereunder, including the adjacent land, for or on account of any Work or labor done or materials furnished by any of them under or in connection with this Order. Seller, on behalf of it and its subcontractors and materialmen, expressly waives all rights to have filed or maintained any mechanic's liens or claims against the Work performed hereunder or the adjacent land and agrees that waiving this right shall be an independent covenant and shall operate and be effective with respect to Work and labor done and materials furnished under any supplemental contract or contract for extra or additional Work.
If any mechanic's lien or other claim shall be filed for or an account of Work furnished under this Order, Seller shall, within ten (10) days after notification thereof, discharge such lien or claim or otherwise make provision satisfactory to Buyer. Buyer may withhold any money due Seller until such lien or liens are discharged or paid.
28. LABOR DISPUTES. When an actual or potential labor dispute or other condition delays or threatens to delay the timely performance of Work hereunder, Seller shall immediately notify Buyer in writing. Such notice shall include all relevant information regarding such dispute or other condition. Such notice shall include steps Seller is taking or will take to resolve the dispute.
29. COMMENCEMENT AND COMPLETION OF WORK. Seller shall perform and progress the Work in a prompt and diligent manner, without delay or interference to the completion of the Prime Contract, and agrees to
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commence the several parts thereof at such times and in such order as Buyer may direct, and shall furnish the several parts and the whole of Work at such times, in conjunction with Work of other trades and subcontractors engaged on the project, as will ensure the uninterrupted progress of the entire Work. In this connection Seller agrees that it shall progress and coordinate its Work with all other trades and subcontractors so as to enable Buyer to obtain the speediest possible completion of the Prime Contract. Seller recognizes that completion of its Work within the time allowed is of the essence of this Agreement, and damages could result from late completion.
Buyer shall have the right but not the duty to exercise overall supervision and control over the schedule of the Work to be done by Seller. Directives by Buyer as to the time when Work of Seller shall begin and the manner in which it shall be progressed and completed in connection with other Work involved shall be complied with fully and promptly. Such overall supervision and control shall not in any way limit the obligations of Seller to directly supervise and control Seller's own Work and shall not constitute an assumption by Buyer of any responsibility for the detailed means, methods and procedures of Seller.
Before starting any of the on-site Work under the Order, the Seller shall confer with Buyer and agree on: (a) a sequence of procedure; (b) means of access to premises and building; (c) space for storage of materials and equipment; (d) delivery of materials and use of approaches; (e) use of corridors, stairways, elevators, and similar means for Seller's employees; all as applicable to the Order. Delivery of materials and equipment shall be made with a minimum of interference to Client and Buyer operations and personnel.
Seller recognizes that timely completion of the Work can be best assured through orderly and planned performance as required by the Prime Contract and Seller's schedules. Compliance with each of the detailed Work segments, milestones, personnel and resource allocations and other aspects of the Work plans and schedules is of the essence of this Order. Buyer shall have the right to rely on Seller providing such orderly performance and compliance. Seller recognizes and acknowledges that Buyer shall be secure in such expectation and reliance and that such security shall not be impaired by Seller's failure to perform as required by the Order. If reasonable grounds for insecurity do arise with respect to the performance of Seller, Buyer may, in writing, demand adequate assurance of due performance.
The type of assurance required may be specified by Buyer and may include Seller's written commitment, change order, or otherwise, to take steps which are reasonable under the circumstances, including, but not limited to, posting of bonds or security, acceleration, increase in work force or hours, and replacement and/or supplement of personnel, supervision or equipment. The adequacy of Seller's assurance shall be determined solely by Buyer.
After receipt of a justified demand, failure to provide within the time specified in the Notice not exceeding seven days, such assurance of due performance as is specified by Buyer, or as is adequate under the circumstances of the particular case, shall constitute a repudiation of the Order whereupon Buyer may terminate the Order without further liability to Seller and without prejudice to any other rights of Buyer, and such termination shall not affect the covenants of the parties set forth herein with respect to services which have been performed prior to the effective date of termination.
30. COMPENSATION AND PAYMENT. As full compensation for the performance of Work under this Agreement, Seller shall be paid in accordance with Attachment C, Price Schedule. Seller will submit an invoice each month for Work performed and costs incurred during the preceding month, together with a narrative report, including a breakdown of charges by specific task and project. All invoices must specifically reference the Order Number. Monthly invoices will be submitted to Buyer’s Authorized Representative. Payment will be made forty-five (45) days from receipt of an acceptable invoice. Buyer and Client shall have the right to audit Seller’s accounting records and supporting documentation upon reasonable notice. In no event shall finance or interest charges be paid by Buyer, unless otherwise provided for herein. Final acceptance shall be deemed to occur upon full
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completion of all Work required hereunder in strict accordance with the terms hereof. Upon Buyer’s request, Seller shall submit an executed Seller Release Form (to be provided by Buyer) prior to receipt of final payment.
31. CONFIDENTIALITY AND CONFLICTS OF INTEREST. Unless otherwise authorized by Buyer, Seller shall keep all information relating to this Order and Work hereunder confidential. Further, to the extent that the Work under this Order requires that the Seller be given access to confidential or proprietary business, technical or financial information belonging to the Client, Buyer or other companies, Seller shall after receipt thereof, treat such information as confidential and agrees not to appropriate such information to its own use or to disclose such information to third parties unless specifically authorized by Buyer's Contractual Representative in writing.
Seller, its officers, employees, agents or representatives shall not disclose or release any information, news release, public announcement, advertisement or other such publicity concerning this Order or the Work or services hereunder to any third party without the express approval of Buyer. The restrictions set forth herein shall continue in effect upon completion or termination of this Order. Failure to comply with the provisions of this Article shall be cause for termination of this Order.
This Order is non-exclusive. Buyer may, at its discretion, select and use others to provide the same type of Work contemplated by this Order. Seller is not prohibited from accepting work from other buyers during the term of this Order, including work similar to that being provided hereunder, provided that such work is not in conflict with the business interests of Buyer or the Work being performed hereunder for Buyer or Client. Prior to accepting work from entities other than Buyer for Work arising from the same site or Client, Seller will advise Buyer's Authorized Representative, as designated on the Signature Document, of the name of the entity and general nature of work to be performed in sufficient detail to enable Buyer to make a determination as to whether a potential conflict of interest exists and take appropriate action. The requirements of this Article are in addition to any conflict of interest requirements set forth elsewhere in the Order.
32. PATENT WARRANTY AND INDEMNITY. The Seller hereby makes the following representations and warranties for the benefit of the Buyer: (a) It has a valid license or patent in its name, and has the legal right to use and employ for the benefit of the Buyer any and all technology, equipment, machinery, data, material and information to be used in the performance of, or in connection with, this Contract (hereinafter collectively referred to as “Technology”); (b) It has paid any and all necessary license fees, royalties, and related costs (hereinafter collectively referred to as “Royalties and Fees”) for any and all Technology; (c) The Technology is not now, nor has it previously been the subject of an allegation of or law suit for infringement against the Seller or its affiliates.
If the Technology becomes subject of an allegation or suit for infringement, the Seller hereby agrees that it has an ongoing and continuous obligation to notify the Buyer within five (5) business days and shall take such action as directed by the Buyer to fulfill the Seller’s indemnity obligations hereunder.
The Seller hereby agrees that all Royalties and Fees related to the Technology shall be the sole responsibility of the Seller and such shall be provided at no additional cost to the Buyer.
The Seller agrees to pay on demand any and all damages, costs and expenses (including without limitation, expenses and fees of legal counsel, court costs and cost of appellate proceedings) incurred by the Buyer in connection with enforcing this provision. The Buyer will not be required to resort to or pursue any of its rights or remedies under or with respect to any other provision of this subcontract, agreement, or collateral before pursuing any rights or remedies under this provision. The Buyer can at its sole option offset its costs and expenses hereunder against any amount owed to the Seller under this or any other contract between the Buyer and the Seller. The Buyer’s rights and remedies under this provision are cumulative and not exclusive of any rights or remedies provided by law, this contract or any other contract.
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The Seller agrees to include, and require inclusion of, this clause in all subcontracts at any tier for supplies or services (including construction and architect-engineer subcontracts and those for material, supplies, models, samples, or design or testing services) issued by the Seller in connection with the Contract.
33. CLAIMS AND LOSSES. To the fullest extent not prohibited by applicable law, Seller shall indemnify, hold harmless and defend Buyer, its parent, officers, employees, successors, assigns and customers (collectively, "Buyer") from and against all claims, liability, liens, loss, judgments, penalties, suits and damage (collectively, "Claims") whether for breach of the Order, personal injury, death or damage to property and including without limitation, any costs, expenses and attorneys fees arising out of or caused by such Claims whether or not resulting or alleged to result from the negligence, but excluding sole negligence, of Buyer.
The Seller hereby agrees to indemnify the Buyer and its clients, officers, agents, employees and successors against all claims, liability, loss or damage, including without limitation, any cost, expense or attorneys fees for, or allegation of, infringement upon any United States or foreign patent, copyright infringement, or Technology arising out of or relating to the Work and shall pay all costs and damages resulting therefrom.
Without limiting the obligations assumed by Seller under the herein paragraphs of this Article and as a separate obligation hereunder, Seller agrees to defend any claim, action or proceeding which may be brought against Buyer arising out of or in connection with any Claim or the performance of Work hereunder, which is encompassed by the indemnity obligations set forth herein.
The Seller’s obligation under this Article shall survive the termination or expiration of this Order.
34. SEVERABILITY. Should any Article, portion or application therefore of this Order be determined by a court of competent jurisdiction to be illegal, unenforceable or in conflict with any applicable law, the validity and enforceability of the remaining Articles, portions or applications thereof, including remaining aspects of an affected Article, shall not be impaired and, to the extent necessary, Buyer and Seller shall negotiate an equitable adjustment in the affected Articles of this Order. The audit, warranty, indemnification, insurance, confidentiality and conflict of interest requirements of the Order shall survive the termination or expiration of this Order for any reason.
35. HEADINGS. The headings within this Order are for convenience only and are not intended to define, limit or affect construction of the contents of this Order.
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SUBCONTRACT NO. PROJECT ORDER NO. 1
ISSUED TO (SELLER): ISSUED BY (BUYER):
Tetra Tech, Inc.
1999 Harrison Street, Suite 500
Oakland, CA 94612
This Task Order is issued pursuant to and shall be performed in accordance with the terms and conditions of Subcontract No. between the parties hererto.
Date:
Project Number:
Project Name: RAES TO001 Northern Agency Tronox Mines
Project Manager: TBD Phone: TBD
Technical Contact: TBD Phone: TBD
Field Task Manager: TBD Phone: TBD
Lab Project Manager: TBD Phone: TBD
Anticipated Sampling Start/End Date: TBD
Anticipated Number of Samples Per Week: TBD
Turnaround Time: Standard TAT (20 business days)
SOW TASK NO.
STANDARD ANALYSIS: Soil Quantity Unit Price Total
Subtotal -$
APPENDIX A
RAES PROJECT ORDER
TETRA TECH INC.
Page 1
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SUBCONTRACT NO. TBD TASK ORDER NO. TBD
Subtotal -$
PO TOTAL -$
In witness whereof, the parties, through their signatures, attest their agreement hereto:
Geotechnical Laboratory Tetra Tech, Inc.
Signature Signature
Type or Print Name Type or Print Name
Procurement Manager
Title Title
RAES PROJECT ORDER
TETRA TECH INC.
Page 2
APPENDIX A
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SUBCONTRACT NO. 0 TASK ORDER NO. 1
Send materials to the following location:
Material may be picked up by Tetra Tech or shipped to:
TBD Phone: TBD
TBD
TBD
TBD
TBD
TBD
Tetra Tech will contact lab regarding pickup
or shipping of supplies.
Data Package and EDD. Tetra Tech will provide an EDD format for data submittal.
Tetra Tech will normally pickup supplies and drop off samples at the laboratory.
Sample dropoffs will generally be weekly; subject to holding times.
Maximum gamma activity previously observed at site 1100 uR/hr; average less than 500 uR/hr.
Shipping Information
Project Order Comments
Page 3
APPENDIX A
EXAMPLE PROJECT ORDER
TETRA TECH INC.
Tetra Tech will contact geotechnical laboratory if we expect to exceed license limits and cannot otherwise reduce
total activity.
Tetra Tech will screen all coolers prior to transport; we expect shipments to meet geotechnical laboratory
radiological license and limits
Submit sample receipt notices, electronic data deliverables, and electronic
data packages to the sample coordinator specified below:
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APPENDIX B INSURANCE MATRIX
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APPENDIX B INSURANCE MATRIX
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APPENDIX B INSURANCE MATRIX
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APPENDIX C FAR CLAUSES
FLOW-DOWNS FOR RAES CONTRACT
The clauses of the Federal Acquisition Regulation (FAR) and Department of Environmental Protection Agency Supplement listed below and are incorporated by reference in this Subcontract with the same force and effect as if included herein in full text. Unless specified otherwise, the clauses in effect on the date of this Subcontract are applicable hereto.
Certain provisions of the Federal Acquisition Regulation (FAR), as listed below, apply directly between the Seller and Government. When such provisions are included herein as applicable to this Subcontract, the term “Contractor” shall mean “Subcontractor,” “Seller” or “Vendor” and the term “Contract” shall mean “Subcontract.”
The following provisions apply between Buyer and Seller. Where necessary in order to properly express the relationship of the Buyer and Seller and fulfill the intent of these clauses, the term “Contractor” means “Seller” or “Subcontractor”, the term “contract” means “Subcontract”, the term “Government” means “Buyer” or “Prime Contractor” and the term “Contracting Officer” shall mean “Buyer's Subcontracts Representative.”
CLAUSES:
FAR 52.202-1 DEFINITIONS. (NOV 2013)
FAR 52.203-3 GRATUITIES. (APR 1984)
FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)
FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (SEP 2006)
FAR 52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)
FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY. (MAY 2014)
FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY. (MAY 2014)
FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS. (OCT 2010)
FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (OCT 2015)
FAR 52.203-14 DISPLAY OF HOTLINE POSTER(S). (OCT 2015)
FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (APR 2014)
FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER. (MAY 2011)
FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS. (OCT 2016)
FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL. (JAN 2011)
FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2016)
FAR 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE DELIVERY CONTRACTS. (OCT 2016)
FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS. (JUN 2016)
FAR 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT. (OCT 2015)
FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS. (JUL 2013)
FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS. (NOV 2015)
FAR 52.210-1 MARKET RESEARCH. (APR 2011) FAR 52.215-2 AUDIT AND RECORDS - NEGOTIATION. (OCT 2010)
FAR 52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT. (OCT 1997)
FAR 52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA -MODIFICATIONS. (AUG 2011)
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FAR 52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA - MODIFICATIONS. (OCT 2010)
FAR 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS. (OCT 2010)
FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES. (OCT 1997)
FAR 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA- MODIFICATIONS. (OCT 2010)
FAR 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES. (OCT 2009)
FAR 52.216-7 ALLOWABLE COST AND PAYMENT. (JUN 2013)
FAR 52.216-18 ORDERING. (OCT 1995)
FAR 52.216-19 ORDER LIMITATIONS. (OCT 1995)
FAR 52.216-22 INDEFINITE QUANTITY. (OCT 1995)
FAR 52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS. (OCT 1997)
FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)
FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (NOV 2016)
FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN. (JAN 2017) - ALTERNATE II (NOV 2016)
FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING. (JAN 2017)
FAR 52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN. (JAN 1999)
FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (JUL 2013)
FAR 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES. (FEB 1997)
FAR 52.222-2 PAYMENT FOR OVERTIME PREMIUMS. (JUL 1990)
FAR 52.222-3 CONVICT LABOR. (JUN 2003)
FAR 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME COMPENSATION. (MAY 2014)
FAR 52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT EXCEEDING $15,000. (MAY 2014)
FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES. (APR 2015)
FAR 52.222-26 EQUAL OPPORTUNITY. (SEP 2016)
FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (OCT 2015)
FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES. (JUL 2014)
FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS. (FEB 2016)
FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT. (DEC 2010)
FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS. (MAR 2015)
FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (OCT 2015)
FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS. (SEP 2013)
FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA. (JAN 1997)-ALTERNATE I (JUL 1995)
FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. (MAY 2011)
FAR 52.223-6 DRUG-FREE WORKPLACE. (MAY 2001)
FAR 52.223-7 NOTICE OF RADIOACTIVE MATERIALS. (JAN 1997)
FAR 52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL HYDROFLUOROCARBONS. (JUN 2016)
FAR 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS. (MAY 2008)
FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING. (AUG 2011)
FAR 52.224-1 PRIVACY ACT NOTIFICATION. (APR 1984)
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FAR 52.224-2 PRIVACY ACT. (APR 1984)
FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008)
FAR 52.226-1 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC ENTERPRISES. (JUN 2000)
FAR 52.227-1 AUTHORIZATION AND CONSENT. (DEC 2007)
FAR 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT. (DEC 2007)
FAR 52.227-14 RIGHTS IN DATA-GENERAL. (MAY 2014) -ALTERNATE II (DEC 2007)
FAR 52.227-16 ADDITIONAL DATA REQUIREMENTS. (JUN 1987)
FAR 52.227-17 RIGHTS IN DATA--SPECIAL WORKS. (DEC 2007)
FAR 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL). (JUN 1987)
FAR 52.228-7 INSURANCE - LIABILITY TO THIRD PERSONS. (MAR 1996)
FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES. (FEB 2013)
FAR 52.230-2 COST ACCOUNTING STANDARDS. (OCT 2015)
FAR 52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS. (JUN 2010)
FAR 52.232-1 PAYMENTS. (APR 1984)
FAR 52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS. (AUG 2012)
FAR 52.232-8 DISCOUNTS FOR PROMPT PAYMENT. (FEB 2002)
FAR 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS. (APR 1984)
FAR 52.232-11 EXTRAS. (APR 1984)
FAR 52.232-17 INTEREST. (MAY 2014)
FAR 52.232-18 AVAILABILITY OF FUNDS. (APR 1984)
FAR 52.232-22 LIMITATION OF FUNDS. (APR 1984)
FAR 52.232-23 ASSIGNMENT OF CLAIMS. (MAY 2014)
FAR 52.232-25 PROMPT PAYMENT. (JAN 2017)
FAR 52.232-32 PERFORMANCE-BASED PAYMENTS. (APR 2012)
FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD MANAGEMENT. (JUL 2013)
FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)
FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS. (DEC 2013)
FAR 52.233-1 DISPUTES. (MAY 2014)
FAR 52.233-3 PROTEST AFTER AWARD. (AUG 1996)
FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)
FAR 52.237-3 CONTINUITY OF SERVICES. (JAN 1991)
FAR 52.232-99 PROVING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012)
FAR 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS. (APR 1984)
FAR 52.242-3 PENALTIES FOR UNALLOWABLE COSTS. (MAY 2014)
FAR 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS. (JAN 1997)
FAR 52.242-13 BANKRUPTCY. (JUL 1995)
FAR 52.243-1 CHANGES - FIXED-PRICE. (AUG 1987) -ALTERNATE I (APR 1984)
FAR 52.243-2 CHANGES- COST-REIMBURSEMENT. (AUG 1987)-ALTERNATE I (APR 1984)
FAR 52.243-3 CHANGES - TIME-AND-MATERIALS OR LABOR-HOURS. (SEP 2000)
FAR 52.243-7 NOTIFICATION OF CHANGES (APR 1984)
FAR 52.244-2 SUBCONTRACTS. (OCT 2010)
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FAR 52.244-5 COMPETITION IN SUBCONTRACTING. (DEC 1996)
FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS. (JAN 2017)
FAR 52.245-1 GOVERNMENT PROPERTY. (JAN 2017)
FAR 52.245-9 USE AND CHARGES (APR 2012)
FAR 52.246-25 LIMITATION OF LIABILITY - SERVICES. (FEB 1997)
FAR 52.247-5 FAMILIARIZATION WITH CONDITIONS. (APR 1984)
FAR 52.247-12 SUPERVISION, LABOR, OR MATERIALS. (APR 1984)
FAR 52.247-14 CONTRACTOR RESPONSIBILITY FOR RECEIPT OF SHIPMENT. (APR 1984)
FAR 52.247-15 CONTRACTOR RESPONSIBILITY FOR LOADING AND UNLOADING. (APR 1984)
FAR 52.247-17 CHARGES. (APR 1984)
FAR 52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE. (APR 1984)
FAR 52.247-22 CONTRACTOR LIABILITY FOR LOSS OF AND/OR DAMAGE TO FREIGHT OTHER THAN HOUSEHOLD GOODS. (APR 1984)
FAR 52.247-28 CONTRACTOR'S INVOICES. (APR 1984)
FAR 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE). (APR 2012)
FAR 52.249-6 TERMINATION (COST-REIMBURSEMENT). (MAY 2004) - ALTERNATE IV (SEP 1996)
FAR 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE). (APR 1984)
FAR 52.249-14 EXCUSABLE DELAYS. (APR 1984)
FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)
FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (APR 1984)
FAR 52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)
FAR 52.243-7 NOTIFICATION OF CHANGES. (APR 1984)
EPAAR 1552.203-71 DISPLAY OF EPA OFFICE OF INSPECTOR GENERAL HOTLINE POSTER. (JUL 2016)
EPAAR 1552.208-70 PRINTING. (SEP 2012)
EPAAR 1552.209-71 ORGANIZATIONAL CONFLICTS OF INTEREST. (MAY 1994)
EPAAR 1552.209-73 NOTIFICATION OF CONFLICTS OF INTEREST REGARDING PERSONNEL. (MAY 1994)
EPAAR 1552.209-74 LIMITATION OF FUTURE CONTRACTING. (APR 2004) ALTERNATE II (START) (APR 2004)
EPAAR 1552.209-75 ANNUAL CERTIFICATION. (MAY 1994)
EPAAR 1552.216-77 AWARD TERM INCENTIVE. (FEB 2008)
EPAAR 1552.216-78 AWARD TERM INCENTIVE PLAN. (FEB 2008)
EPAAR 1552.216-79 AWARD TERM AVAILABILITY OF FUNDS (FEB 2008)
EPAAR 1552.227-76 PROJECT EMPLOYEE CONFIDENTIALITY AGREEMENT. (MAY 1994)
EPAAR 1552.228-70 INSURANCE LIABILITY TO THIRD PERSONS. (OCT 2000)
EPAAR 1552.235-70 SCREENING BUSINESS INFORMATION FOR CLAIMS OF CONFIDENTIALITY. (APR 1984)
EPAAR 1552.235-71 TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION. (APR 1984)
EPAAR 1552.235-73 ACCESS TO FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT CONFIDENTIAL BUSINESS INFORMATION. (APR 1996)
EPAAR 1552.235-75 ACCESS TO TOXIC SUBSTANCES CONTROL ACT CONFIDENTIAL BUSINESS INFORMATION. (APR 1996)
EPAAR 1552.235-76 TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION. (APR 1996)
EPAAR 1552.235-77 DATA SECURITY FOR FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT CONFIDENTIAL BUSINESS INFORMATION. (DEC 1997)
EPAAR 1552.235-78 DATA SECURITY FOR TOXIC SUBSTANCES CONTROL ACT CONFIDENTIAL BUSINESS INFORMATION. (DEC 1997)
EPAAR 1552.235-79 RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION. (APR 1996)
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EPAAR 1552.235-80 ACCESS TO CONFIDENTIAL BUSINESS INFORMATION. (OCT 2000)
EPAAR 1552.237-70 CONTRACT PUBLICATION REVIEW PROCEDURES. (APR 1984)
EPAAR 1552.237-71 TECHNICAL DIRECTION. (AUG 2009)
EPAAR 1552.237-72 KEY PERSONNEL. (APR 1984)
EPAAR 1552.237-74 PUBLICITY. (APR 1984)
EPAAR 1552.237-75 PAPERWORK REDUCTION ACT. (APR 1984)
EPAAR 1552.237-76 GOVERNMENT-CONTRACTOR RELATIONS. (JUN 1999)
Local Clauses
EPA-H-03-101 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS
EPA-H-04-101 RETENTION AND AVAILABILITY OF CONTRACTOR FILES
EPA-H-07-101 PUBLIC COMMUNICATION
EPA-H-07-102 IDENTIFICATION OF ON-SITE CONTRACTOR EMPLOYEES
EPA-H-07-103 NOTICE REGARDING PROHIBITED CONTRACTOR ACTIVITIES ON ENVIRONMENTAL PROTECTION AGENCY (EPA CONTRACTS)
EPA-H-09-104 DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
EPA-H-09-106 TASK ORDER CONFLICT OF INTEREST CERTIFICATION
EPA-H-11-101 HEALTH AND SAFETY
EPA-H-11-103 GOVERNMENT RIGHTS UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT
EPA-H-11-104 SIGNING OF UNIFORM HAZARDOUS WASTES MANIFESTS
EPA-H-11-106 SALVAGEABLE PRODUCTS
EPA-H-11-108 SURVEY MANAGEMENT HANDBOOK
EPA-H-15-101 RELEASE OF COST OR PRICING PROPOSALS OUTSIDE THE GOVERNMENT FOR AUDIT
EPA-H-23-101 ENVIRONMENTALLY PREFERABLE PRACTICES
EPA-H-27-101 DATA
EPA-H-27-102 CONFIDENTIALITY OF INFORMATION
EPA-H-27-103 APPLICATION OF RIGHTS IN DATA- SPECIAL WORKS CLAUSE
EPA-H-28-102 MINIMUM INSURANCE REQUIREMENTS
EPA-H-28-103 SUBMISSION OF 3RDPARTY INSURANCE CERTIFICATES
EPA-H-28-104 PERFORMANCE AND PAYMENT BONDS
EPA-H-28-105 WORKERS COMPENSATION, EMPLOYERS LIABILITY, GENERAL LIABILITY, AND AUTOMOBILE
EPA-H-31-102 FINAL RECONCILIATION OF COSTS
EPA-H-31-103 LIMITATION ON REIMBURSEMENT FOR RENTAL EQUIPMENT
EPA-H-31-104 APPROVAL OF CONTRACTOR TRAVEL
EPA-H-31-105 APPROVAL OF TRAINING
EPA-H-31-106 EPA-SPONSORED MEETINGS, WORKSHOPS, AND/OR CONFERENCES
EPA-H-37-101 EXPERT TESTIMONY
EPA-H-42-101 ANNUAL ALLOCATION OF NON-SITE-SPECIFIC COSTS
EPA-H-44-101 TEAM SUBCONTRACTOR AGREEMENTS
EPA-H-44-102 IDENTIFICATION OF SUBCONTRACTORS
EPA-H-45-101 RIGHTS OF WAY LAND EASEMENT
EPA-H-47-101 USE OF EMERGENCY RESPONSE AND REMOVAL SERVICES (ERRS) COMPANY OWNED OR AFFILIATED TRANSPORTATION, STORAGE, AND DISPOSAL SERVICES
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