A21 - Combined Synopsis-Solicitation - BEJ Boundary Line Maintenance - W912PM23Q0037 - Final.pdf
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- Solicitation number
- W912PM23Q0037
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This is a solicitation for boundary line maintenance services at B. Everett Jordan Lake in North Carolina. The U.S. Army Corps of Engineers seeks a contractor to cut brush and trees, paint boundary markings, install signs and posts along approximately 41 miles of property boundary from October 2023 through September 2024. Offerors must provide pricing for all line items by August 28, 2023. The solicitation is set aside for small businesses and will be awarded to the lowest priced technically acceptable offer. The selected contractor must remove vegetation to maintain visibility of markings, repaint trees and structures, and replace damaged signage and posts using government-furnished materials. Safety, quality control, and experience requirements are also outlined.
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| A21 - W912PM23Q0037_AMDT0001_BEJBoundaryLineMaintenance - Final.pdf |
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W912PM23Q0037
OLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 8, 11, 12, 14, 15, and 16
1. Solicitation Number: W912PM23Q0037
2. Solicitation Issue Date: 04 August 2023
3. Contract Specialist: Diana Curl
4. Offer Due Date/Local Time: 28 August 2023, 2:00 PM. Each offeror must submit both a Price Quote and a Technical Proposal via email to BOTH jenifer.m.garland@usace.army.mil and diana.d.curl@usace.army.mil. No hard paper copies will be accepted or evaluated. Both the Price Quote and the Technical Proposal must be received by the closing date and time set for receipt of quotes.
5. Questions: All questions shall be in writing and e-mailed to jenifer.m.garland@usace.army.mill and diana.d.curl@usace.army.mil. Questions concerning this solicitation will be accepted up to the Close of Business (4:00 PM EST) on 18 August 2023 The U. S. Army Corp of Engineers does not commit to providing responses to questions submitted after this date; however attempts to answer questions will be made.
6. Issued By:
U.S. ARMY CORPS OF ENGINEERS
Attn: Jenifer Garland 69 Darlington Avenue Wilmington, North Carolina 28403-1343
7. This Acquisition is a small business set-aside under NAICS Code 561730, size standard of $9,500,000.00.
8. Discount Terms:
9. Method of Solicitation: RFQ
10. The Solicitation incorporates by reference FAR 52.212-1, 52.212-4, 52.212-3, and 52.212.5. Addenda are attached.
11. Contractor/Offeror:
COMPANY NAME:
COMPANY POC:
ADDRESS:
PHONE:
CAGE: UNIQUE ENTITY ID:
mailto:jenifer.m.garland@usace.army.mil mailto:diana.d.curl@usace.army.mil mailto:jenifer.m.garland@usace.army.mil mailto:jenifer.m.garland@usace.army.mil mailto:diana.d.curl@usace.army.mil
12. Total Price:
13. The Contractor Is Required To Sign This Document And Return 1 Copy To The Issuing Office. The Contractor Agrees To Furnish And Deliver All Items Set Fort Or Otherwise Identified Above And On Any Additional Sheets Subject To The Terms And Conditions Specified Herein.
14. Signature of Offeror/Contractor:
15. Name and Title of Signer (Type or Print)
16. Date Signed:
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Jordan Lake Boundary Line -FFP
- Line Services. Beginning at IP5363 and ending at IP5760, with approximately 41 Fee Miles in accordance with the Statement of Work.
NET AMT
Section G - Contract Administration Data
STATEMENT OF WORK
BOUNDARY LINE
B. EVERETT JORDAN LAKE, MONCURE, NC
1. GENERAL
1.1 SCOPE OF WORK
The work to be performed under this contract consists of brush and tree limb cutting, painting, and signing approximately 41 miles of existing United States Government’s property boundary to maintain a highly visible boundary line at B. Everett Jordan Lake. The Contractor shall NOT be establishing new boundary lines or conducting any land survey activities.
The Contractor shall provide all labor, equipment, supplies, and transportation required to maintain a highly visible boundary line at B. Everett Jordan Lake; except those materials provided by the Government, as identified in Section 1.13.1.
1.2 LOCATION
Work associated with this contract shall be performed in Wake and Chatham counties. The general location of the work is designated on the map identified as “Project Vicinity Map,” located in Section 9 below.
B. Everett Jordan Lake: mailing address and location of Government Furnished Supplies:
a) Jordan Dam and Visitor Assistance Center: 2080 Jordan Dam Road, Moncure, NC 27559
1.3 PERIOD OF PERFORMANCE
Base Period: 1 October 2023 thru 30 September 2024
*Contract period of performance for Base periods shall run for 12 months; however, actual services for Base periods shall be performed between October 1 and March 31.
1.4 WORK SCHEDULE
This work shall be accomplished during the period specified in the previous section. The Contracting Officer’s Representative (COR), Jon Bannerman will provide the Contractor maps by September 1 describing the area to be maintained.
Jordan Lake
Fee Miles (approx.)
Easement Miles (approx.)
Begin End
Base Year 41 0 IP5363 IP5760
1.5 DEFINITIONS
As used throughout this description / specification, the following terms will have the meaning set forth below:
A. CONTRACTOR - The “Contractor” is the individual whose bid was accepted by the U.S. Army Corps of Engineers and who has gained the responsibility of performing the duties governed by the specifications of this contract. The Contractor shall be responsible for ensuring that all subcontractors comply with the provisions of this contract.
B. SUB-CONTRACTOR – One that enters into a contract with a prime contractor. The
Government does not have privity of contract with the subcontractor.
C. CONTRACTOR REPRESENTATIVE - A foreman or superintendent, assigned to represent the interests of the Contractor with regards to all matters involving the contract.
The individual will be able to speak and understand English fluently.
D. CONTRACTING OFFICER (CO/KO) - The term “Contracting Officer” means the person executing this contract on behalf of the Government, and any other officer of civilian employee who is properly designated Contracting Officer, and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of their authority.
E. CONTRACTING OFFICER’S REPRESENTATIVE (COR) - An individual designated in writing by the Contracting Officer, responsible for inspecting the Contractor’s work, notifying the contractor of deficiencies observed, and directing appropriate action to correct deficiencies. The COR performs acceptance for the Government of services performed under this contract.
F. DEFICIENCY / DEFECTIVE SERVICE - A service output that does not meet the standard of performance associated with the Performance Work Statement (PWS).
G. KEY PERSONNEL AND/OR SUB-CONTRACTOR – Contractor or Sub-Contractor personnel that are submitted as part of the Contractor’s RFQ’s quote submission, evaluated as part of the Contractor’s quote during pre-award evaluation and review process and that shall be required to be used during the entire performance period of all services as contained in the PWS. When key personnel and/or Sub-Contractors are used as an evaluation factor, an Offer can be rejected if it does not have a firm commitment from the key personnel and/or Sub-Contractors that are specifically contained in the quote.
H. QUALITY CONTROL - The term “Quality Control” refers to action taken by the Contractor and/or their personnel to document, inspect, and control performance of services to insure they meet the specifications and requirements of this contract.
I. QUALITY CONTROL PLAN (QC) - An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.
J. QUALITY ASSURANCE - The term “Quality Assurance” refers to action taken by the
Government to ensure the Contractor’s quality control system is functioning and effective and that the Contractor is providing services which are in accordance with the contract.
K. PERFORMANCE REQUIREMENTS SUMMARY (PRS) – Contains the Contractor service requirements and are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.
L. VEGETATION – Any living or dead woody or herbaceous plant material
1.6 SAFETY
All equipment used and work performed shall be in accordance with safety requirements set forth in the U.S. Army Corps of Engineers Manual EM 385-1-1 entitled Safety and Health Requirements Manual, current edition, which is available by downloading from:
http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf
All contractor operations shall be in compliance with this manual, and all other applicable federal and state laws. Corps inspectors have the authority to stop work due to safety violations.
The following reference paragraphs from the safety manual are applicable to landscape operations, but may not be all-inclusive:
A. Use high visibility work vests when working on or near roadways, or near heavy equipment. High visibility apparel shall comply with ANSI/ISEA 107, Class 2 requirements. sec. 5.F.01.
B. Use approved safety containers for gasoline, sec. 9.B.08 through sec. 9.B.19
C. Equipment, including weed eaters, chainsaws, pruning equipment and any other equipment shall not be operated without guards and safety devices in place as recommended by the manufacturer.
D. The minimum clothing worn shall be short sleeve shirts and long pants (The wearing of shorts is not approved), and leather or other protective work boots for this contract. sec 5.A.06.
http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf
E. Use safety boots at all times. sec. 5.A.0
F. When using equipment, including chainsaws, weed eaters, pruning equipment, etc., use eye/face/hearing protection devices, sec. 5. All eye and face protection equipment shall meet the requirements of ANSI Z87.1 and bear a legible and permanent “Z87” logo to indicate compliance with the standard. sec .5.B.01.
G. Hearing protection shall meet the requirements of ANSI S3.19. Hearing protection shall be worn by all involved the use of gas-powered equipment.
H. All vehicles and equipment trailers shall have working brake lights, turn signal lights, and emergency flashers. Emergency flashers shall be used whenever vehicles and/or equipment trailers are parked on roadways or road shoulders.
I. No person shall be required or instructed to work in surroundings or under conditions that are unsafe or dangerous to his or her health.
J. The employer shall be responsible for maintaining a safety program that complies with all Federal and State safety standards and the requirements specified herein.
1.6.1 ACCIDENT PREVENTION PROGRAM
Within fifteen (15) calendar days of award, the Contractor shall submit an Accident Prevention Plan (APP) in accordance with Section 1, Para. 01. A.07 and Appendix A, EM 385-1-1, current version. Interim approval of this plan shall be obtained before starting work. EM 385-1-1 is periodically updated, and the Contractor shall comply with all updates. The APP shall interface with the Contractor’s overall safety and health program, and the Contractor shall include any portions referenced in the APP in the applicable APP element and made site specific. The Government considers the Prime Contractor to be the “controlling authority” for all work site safety and health of the subcontractors.
The Contractor shall maintain an accurate record of and shall report to the Contracting Officer in the manner and on the forms prescribed by the Contracting Officer, exposure data and all accidents resulting in death, traumatic injury, occupational disease, and damage to property, materials, supplies, and equipment incident to work performed under this contract. All accidents shall be reported within 24 hours of the occurrence. All accidents resulting in death or injury requiring medical attention shall be reported immediately.
Contractors shall be responsible for informing their subcontractors of the safety provisions under the terms of the contract and the penalties for noncompliance, coordinating the work to prevent one craft from interfering with or creating hazardous working conditions for other crafts, and inspecting subcontractor operations to ensure that accident prevention responsibilities are being carried out.
1.6.2 EQUIPMENT SAFETY
All equipment or materials found not to be in compliance with the requirements of EM 385-1-1 shall be removed from Government property immediately.
1.7 NORMAL WORKING HOURS
Normal working hours for the contractor shall be Monday through Friday (0730-1630), unless otherwise specified, or as specifically approved in advance by the COR. No work on site other than specified shall be permitted without specific approval by the COR.
1.8 VEHICLES
All vehicles utilized under this contract shall be presentable, serviceable and shall comply with all applicable Federal and State motor vehicle regulations. All vehicles utilized under this contract must meet all safety requirements set forth in EM 385-1-1. All Contractor vehicles shall be identified with the company name or logo, type of business and address conspicuously displayed on the door panels.
1.9 DAMAGE RESPONSIBILITY
The Contractor shall be responsible for any damage to Government or private property, facilities, structures, or landscape features occurring as a result of their operation. The Contractor shall be required to satisfactorily rectify notices of damage from the public and to protect the Government from claims resulting from damage caused by his activities and make immediate notification to the COR concerning said damage or injury to any person. In instances where contract employees damage government property and/or equipment, verbal notification shall be made by the next workday. A full written report of the incident and extent of such damage shall be submitted to the COR within 2 workdays (less weekends and holidays).
1.10 COMMENCEMENT OF WORK
The Contractor or their representative shall attend a pre-work meeting prior to commencement of work. The Contractor shall obtain all maps and instructions from the Government necessary to accomplish the work. The contractor shall become familiar with the nature and location of the work by inspection of the site; noting the local conditions, security, safety, equipment, and facilities required for the work, and all other factors which may affect the work or costs to perform the work. Any failure by the Contractor to review all available information concerning these conditions shall not relieve them from the responsibility for estimating the difficulty or cost of successfully performing the work. It shall be the responsibility of the Contractor to describe the contract requirements to subordinate employees and subcontractors.
1.11 INCLEMENT WEATHER
Paint shall not be applied when the temperature is below 33 degrees Fahrenheit or when surfaces are wet.
1.12 CONTRACTOR PERSONNEL
The COR may direct the Contractor to replace any employee(s) that the KO or COR deems incompetent, careless, insubordinate, under the influence of intoxicating drugs, beverages, etc. or whose continued employment is deemed to be contrary to the public interest. The Contractor shall be responsible for the immediate replacement of any employee under the conditions identified above: in addition to any costs associated with the replacement of an unsuitable employee.
The Contractor shall be responsible for ensuring that its’ employees strictly observe the laws of the United States, North Carolina, local counties where work is to be performed, and any other governing bodies which may affect the work to be completed under this contract. Contractors with non-English speaking workers shall have a person(s) fluent in English to be onsite while work is being performed.
1.13 SUPPLIES AND EQUIPMENT
1.13.1 Government Furnished Materials:
-Electronic copies of Boundary Line Segment Maps -Electronic copies of Boundary Line Sectional Maps -Six (6) foot carsonite signposts, marked, “Boundary Line” -Six (6) foot carsonite signposts, marked “Witness Post” -Six (6) foot carsonite signposts, marked “Easement Boundary” -Sign post driver -3.5” x 5.5” square U.S. Army Corps of Engineers boundary line signs and aluminum nails
The Contractor shall obtain Government Furnished Materials to be used in the performance of this contract from the COR. These materials are located at:
B. Everett Jordan Lake Visitor Assistance Center 2080 Jordan Dam Road Moncure, NC 27559
The Contractor shall return any Government-furnished materials not used in the completion of this contract to the COR.
1.13.2 CONTRACTOR SUPPLIED EQUIPMENT
Any material or equipment that the COR deems to be unsafe or unsatisfactory for successful completion of the work shall be replaced by the Contractor immediately after notification by the
COR.
The Contractor shall furnish:
• Boundary marking paint that is labeled and approved for boundary line marking and contains no lead (Nelson Boundary Mark Brush Type or similar). Paint color shall be “Blaze Orange” and shall be approved by the COR.
• Brush cutting tools, personal safety equipment, lubricants, fuels, bark scraping tools, paint brushes, and cleaning materials.
• Transportation for personnel and equipment.
• First aid supplies and other safety equipment.
• All other materials which are not listed as “Government Furnished Material” in Section
1.14.1 that becomes necessary for the orderly and efficient completion of the work.
2. DESCRIPTION OF THE WORK
A. The Contractor shall maintain the Government property boundary by removing underbrush, painting, installing tree signs, and installing carsonite posts along the project boundary.
B. The Contractor shall utilize the boundary sub-segment maps (provided by the COR prior to commencement of work) while working along the boundary line in the field.
C. If the Contractor cannot accurately locate the boundary line, or if the line appears to vary from the boundary sub-segment map, the Contractor shall promptly notify the COR to resolve the discrepancy.
2.1 VEGETATION CLEARING
Existing vegetation shall be removed along the boundary line so that boundary markers, painted trees and signs are plainly visible. The Contractor shall follow the specifications below while removing vegetation:
A. There shall be an unobstructed view along the boundary line from one marked tree or boundary marker to the next.
a) When the Contractor needs to remove vegetation to provide an unobstructed view:
1. If the vegetation originates on the boundary line or on government property and is less than 3” DBH, it shall be cut off at ground level, leaving a blunt cut stump that is no greater than two (2) inches above ground level. If the vegetation originates on the boundary line or on government property and is greater than 3” DBH, it shall be cut only to the extent that it reveals a line of sight down the boundary line.
2. If the vegetation originates on private property, it shall be cut only to the extent that it reveals a line of sight down the boundary line.
B. The Contractor shall place all trimmed vegetation on Government property outside of the boundary line “corridor” as delineated by the witness tree line.
C. Vegetation removal is not required where the boundary line is defined by roads, streams, or other bodies of water.
D. The Contractor shall not be required to saw or cut through fallen tree trunks greater than 3” DBH that are laying on the ground. However, if there are branches on the fallen tree that prevent a clear line of sight down the boundary line, they shall be cut off at the base of the branch collar and placed no less than 3 feet from the estimated boundary line.
2.2 PAINTING
The Contractor shall repaint living boundary trees, monuments, and iron pins by brush according to the following instructions:
A. Remarking shall comply with the brochure, “Boundary Line Markings and Proper Uses of Public Land at Wilmington District Lakes”; provided by the COR.
a) Orange-colored, brush-applied boundary marking paint, which does not contain lead, for marking fee-owned boundary.
b) Blue-colored, brush-applied boundary marking paint, which does not contain lead, for marking easement boundary.
B. The Contractor shall prepare surfaces prior to painting by scraping any rough or loose tree bark smooth with a blade, taking special care to ensure that bark is not removed into the cambium layer.
C. Painted bands on boundary trees shall be painted four (4) inches wide straight and level.
D. Paint shall be thoroughly mixed before and during application.
E. Paint shall not be applied when the temperature is below 33 degrees Fahrenheit or when surfaces are wet.
2.3 SIGNAGE
Tree sign and carsonite post installation shall be completed according to the following instructions:
A. Tree signs and carsonite posts shall not be installed on private property or on trees standing on private property.
B. Tree signs and carsonite posts shall be installed with labels facing away from Government property.
C. Carsonite posts shall be installed to the depth indicated on the post using the signpost driver.
D. “Boundary Line” and “Easement Boundary” carsonite posts shall be installed on the boundary wherever the distance between suitable living boundary trees exceeds 100 feet or at intervals where there is not a clear view of the next boundary post or tree.
E. “Witness Post” carsonite posts shall be installed when there are less than two standing witness trees adjacent to a boundary corner.
F. “Boundary Line”, “Easement Boundary” and “Witness Post” posts shall not be substituted for one another.
G. Corps of Engineers property boundary signs (3.5”x5.5”) shall be installed at 200’ intervals along the boundary line and on trees facing each side of paved and unpaved roads that cross the property boundary.
H. The Contractor shall replace all broken, missing, or unreadable boundary signs.
I. Boundary signs shall be nailed to trees at the top and bottom using aluminum nails and providing approximately ¾ inch clearance for tree growth.
3. Quality Control/Reporting Requirements:
The Contractor shall contact the COR on the first working day of each week between 7:00 and 8:30 AM (local time) to report the location of work scheduled that week. The report may be made in person, by phone, email, or fax and shall be at the Contractor’s expense.
3.1. General. The Contractor is responsible for maintaining adequate quality control to satisfactorily meet the specifications of this contract through the development of a Quality Control Plan (QCP) and Daily Progress Report (DPR).
3.2. Quality Control. The Contractor shall perform a quality control inspection of work completed in the field to ensure all areas meet the standards set forth in the contract prior to notifying the COR requesting inspection of services.
A. The Contractor shall establish a complete quality control (QC) program to assure the requirements of the contract are provided as specified. One copy of the Contractor's basic quality control program shall be provided to the COR at the pre-work conference and an updated copy must be provided to the COR, for approval, as changes occur. The approved copy of the QC program shall become a part of contract. The program shall include, but not limited to inspection checklist covering all required contractual services submitted to the COR for approval; method of identifying deficiencies in the quality of services performed before the level of performance is unacceptable; etc.
B. The Contractor shall maintain a file of inspections conducted. A copy of the QC inspection checklist, signed by the Contractor’s inspector, shall be included as part of this file. If any QC report reflects a deficiency, the next QC inspection report for the specific area shall state how the deficiency was corrected or steps taken to correct such deficiencies.
a) The COR may request submission or review of one or more signed QC inspection checklists upon Contractor’s request for inspection of services or any other time.
The QC inspection checklist shall include, at a minimum, the following items:
(1) Inspector's name
(2) Park or area
(3) Date
(4) Weather
(5) Time in/out of area
(6) Items inspected
(7) Defects encountered
(8) Corrective action taken
(9) Safety violations
(10) List of damaged, inoperable, or vandalized facilities
3.3. Daily Progress Report. The Contractor shall also maintain a Daily Progress Report and submit it according to the schedule determined by the COR. The Daily Progress Report shall include:
(1) Date
(2) Location where work began and ended that day to include Park or area
(3) Names of the workers
(4) Weather conditions at the start of the day
(5) Time work started and ended that day
(6) Details of all irregularities, such as missing boundary line markings and/or survey markers, apparent encroachments, erroneous markings, etc.
4. Line Interruption:
It is the intent of this contract that the line be remarked without breaks or gaps. However, if the Contractor finds a segment which competent boundary marking personnel are unable to follow, they shall notify the COR. The COR will investigate and if necessary, coordinate a new starting point. The Contractor shall be responsible for painting the missing segment after it is re-established by the Government. The Contractor shall not invoice for breaks or gaps until the segment is completed.
5. Inspection (Quality Assurance):
Quality Assurance. The Government will monitor the Contractor's performance in each functional area under this contract and reserves the rights to use whatever additional surveillance procedures are deemed appropriate. If the Contractor fails to perform according to the performance standards, a Notification of Contract Deficiency-Service Contract will be issued by the COR.
The Contractor shall explain in writing why the performance was less than satisfactory, and how recurrence of the problem shall be prevented in the future.
The Contractor’s work is subject to the inspection of the COR, or his appointed Quality Assurance (QA) Inspectors, at any time during the tenure of the Contract.
• The COR or inspectors designated by the COR will make a thorough inspection of the
Contractor’s completed work to verify that all terms of this Contract have been satisfied.
• Any services rendered not meeting acceptable standards shall be remedied to the satisfaction of the inspector prior to payment and in accordance with the PRS.
• All completed miles must be inspected before the Government will issue payment.
6. Correction of Work:
The COR will require correction of any work that fails to satisfy the terms of this agreement due to careless or incompetent performance by the Contractor or his employees.
The Contractor shall be responsible for all costs associated with the correction of unsatisfactory work including: all materials, salaries, transportation, supervision, and any other costs associated therewith.
7. Invoicing and Payment:
7.1 Payment will be made on a “per-mile” basis for the work which is completed to the satisfaction of all terms in this contract.
The Contractor shall submit to the Government an invoice for work completed under this contract to Attn: Jon Bannerman via email at Jon.C.Bannerman@usace.army.mil
OR via mail to U.S. Army Corps of Engineers, B. Everett Jordan Lake, Attn: Jon Bannerman, PO Box 144, Moncure, NC 27559
7.2 In order to receive partial payments for satisfactorily completed work, the Contractor may submit invoices to the Government at the end of a calendar month; (indicating actual miles completed) or one invoice for total amount due may be submitted to the Government upon final completion of contract work.
• Distance Calculation: Field measurement of the distance of work completed is not required. The length of boundary line will be calculated from a table of metes and bounds on the Real Estate Boundary Segment Maps furnished to the Contractor by the Government.
Travel costs and employee travel time associated with work to be performed under this contract shall be at the Contractor’s expense and included within the quoted line-item amounts.
7.3 Invoices must be submitted upon delivery/completion of the contracted services, the Contractor shall provide a copy of the invoice to the Point of Contact stated above through e-mail (preferred) or United States Postal Service (USPS). The Contractor shall also ensure that the following items are included on the invoice:
• Contract #
• Invoice #
• Company Name (Must Match the Name on the Contract Document)
• Invoiced line item(s) (Must Match the Contract Line-Item Numbers / e.g., 0001, 0002, etc.)
• Small Business, Veteran Owned, or 8A (Indicate on invoice, if applicable)
8. Antiterrorism/Operations Security:
The Contractor shall adhere to the following conditions:
AT/OPSEC #1 General Security Requirements and Guidance. The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements.
Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)).
Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.
AT/OPSEC #14 Pre-screen candidates using E-Verify Program. Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102- 1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.
9. Project Vicinity Map (B. Everett Jordan Lake)
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-2 Prohibition on Contracting with Inverted Domestic
Corporations--Representation
NOV 2015
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-1 Instructions to Offerors--Commercial Products and Commercial Services
MAR 2023
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
DEC 2022
52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008).
OCT 2020
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
AUG 2018
52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
MAR 2023
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.242-15 Stop-Work Order AUG 1989 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 52.246-20 Warranty Of Services MAY 2001 52.246-25 Limitation Of Liability--Services FEB 1997 252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7006 Billing Instructions--Cost Vouchers MAY 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned
Aircraft Systems (DEVIATION 2020-O0015)
MAY 2020
252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)
FEB 2020
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--
Prohibition on Fees and Consideration
APR 2020
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
JAN 2023
252.246-7003 Notification of Potential Safety Issues JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
Award shall be made to the lowest priced offer that is technically acceptable.
The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.
The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
Evaluation Methodology: No offer will be accepted that does not contain the total amount of work specified in this solicitation.
Quotes will be evaluated using informal source selection procedures.
The following factors shall be used to evaluate offers:
(i) Price. Contractor shall provide total pricing for all contract line items listed on the continuation sheet of the DD Form 1449.
(ii) Technical Capability. Contractors shall provide the prior experience listed in the table below.
https://www.sam.gov/
TECHNICAL FACTORS:
The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
Award shall be made to the Lowest Priced offer that is technically acceptable.
The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.
The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
This solicitation shall be evaluated by awarding to the quote that is technically acceptable and the lowest price.
Quotes will be evaluated using informal source selection procedures.
Evaluation –Each item in the Technical Requirements Table will receive one of the adjectival ratings defined below.
Any criterion that receives “U” rating will result in an overall unacceptable rating for the factor and are not eligible for award.
ADJECTIVAL RATING
DEFINITION
Acceptable (A) Quote clearly meets the minimum requirements of the solicitation.
Unacceptable (U) Quote does not clearly meet the minimum requirements of the solicitation.
TECHNICAL CRITERIA A or U The offeror is registered and has no active or inactive exclusions listed in their Entity Record on the System for Award Management (SAM).
In accordance with FAR 42.15, the offeror does not have any relevant Past Performance Evaluations in which their performance was rated at “Unsatisfactory” or “Marginal” in the last five (5) years. Relevant evaluations may be obtained from the Contractor Performance Assessment Reporting System (CPARS), Past Performance Information Retrieval System (PPIRS), or Past Performance Questionnaires. Subfactor ratings to Past Performance that will be considered include, quality of product/service, cost, schedule, small business, and management.
Offerors are required to submit prior experience of recent and relevant contracts/projects at the time of quote. Contracts/Projects can be performed with Federal, State, local or private companies. Government contracts are preferred but not required.
Contracts/Projects that are relevant are defined as those that are similar to the requirements of the Statement of (SOW) for brush and tree limb cutting, painting, and signing. Contracts that are recent are defined as those that have been completed within the last five (5) years.
A minimum of two (2) contracts/projects shall be provided to include: contract number, title of project, detailed description of work performed, and Point of Contact.
Please do not submit more than five (5)…
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