B.01.01 Combined Synopsis Solicitation.W912DQ21Q1023 beta.SAM post v1. 20210224.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, quotes are being requested and a written solicitation will not be issued.

The issuing office is USACE, Kansas City District, Federal Building CT-C, 601 E 12th St, RM 647, Kansas City, MO 64106-2896 (W912DQ)

The solicitation number for this acquisition is W912DQ21Q1023 and it is being issued as a Request for Quote (RFQ). The government intends to award a Firm-Fixed Price contract resulting from this solicitation.

This combined synopsis/solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-03 effective 02/16/2021.

This RFQ shall be 100% set-aside for small business. The associated North American Industry Classification system (NAICS) code is 561730 and the business size standard is $8,000,000.

FAR 52 .212.1 Instructions to Offerors- Commercial does apply to this acquisition with no addenda to the provision.

The description of the service:

This contract is for herbicide application services to areas at various locations around Harlan County Lake Project, Harlan County, Nebraska 68971.

The contractor will provide all labor, equipment, supplies, and supervision necessary to achieve the stated outcomes. All work will be performed in accordance with the performance work statement (PWS).

Landscape Maintenance-Mowing and Trimming Services base and option performance periods:

The mowing season is from 1 April through 30 September.

1. Base period - 1 April 2021 – 31 March 2022

2. Option Year 1 - 1 April 2022 – 31 March 2023

3. Option Year 2 - 1 April 2023 – 31 March 2024

4. Option Year 3 - 1 April 2024 - 31 March 2025

5. Option Year 4 - 1 April 2025 – 31 March 2026

In accordance with FAR 13.106-1 the basis for award will be the offer that is determined to be the most advantageous, providing the best value after considering (1) price (2) Past Performance and (3) technical.

(1) Price

(2) Past Performance

(3) Technical –

I. Related Experience

The base period work is to be completed 30 September 2021. Delivery is FOB. Delivery location: Harlan County Lake Project, Junction City, Kansas 68971.

Offerors must include a completed copy of FAR 52.212-3, Offeror Representation and Certifications- Commercial Items with their offer. If the offeror has up-to-date representations and certifications in the System for Award Management (SAM) website, then this completed provision is not required to be submitted with the offeror’s proposal.

FAR 52.212-4, Contract Terms and Conditions- Commercial Items, does apply to this acquisition with no addenda to the provision.

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items, applies to this acquisition. These specific clauses required are detailed in Sections C and I of this combined synopsis\solicitation.

Offerors interested in responding to this combined synopsis/solicitation must submit their quotation on the attached synopsis\solicitation. Any questions regarding this combined synopsis\solicitation must be submitted by email to the point of contact below.

Contractor must have an “Active” registration in System for Award Management (SAM) to be considered for award. To obtain information on SAM or to register with SAM visit the web site at: https://www.beta.sam.gov.

Quotations are due no later than 10:00 a.m. 23 March 2021. The final date to submit questions is 16 March 2021.

Questions of a technical nature should be addressed in writing to Thomas Zikmund Thomas.j.zikmund@usace.army.mil

Questions of a contractual nature should be addressed in writing to Sheila Nimrod Sheila.d.nimrod@usace.army.mil

Due to COVID-19 risk mitigation actions-NO MAIL-IN QUOTATIONS will be accepted. All documents must be .doc or .pdf format. No other file formats/extensions will be accepted.

All quotes/offers shall be submitted via e-mail to: Sheila.d.nimrod@usace.army.mil

The Government reserves the right to cancel this combined synopsis\solicitation. Any solicitation or contractual questions should be sent to Sheila Nimrod, Contract Specialist

(816) 389-2252 or Sheila.d.nimrod@usace.army.mil

System for Award Management (SAM) https://www.beta.sam.gov/ mailto:Thomas.j.zikmund@usace.army.mil mailto:Sheila.d.nimrod@usace.army.mil mailto:Sheila.d.nimrod@usace.army.mil mailto:Sheila.d.nimrod@usace.army.mil

In accordance with FAR 52.212-1(k): By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on creating a user account, registering your business entity and annual confirmation requirements via the SAM application accessed through https://www.sam.gov/SAM/pages/public/index.jsf . SAM frequently asked questions (FAQ) can be accessed via https://www.sam.gov/SAM/pages/public/loginFAQ.jsf It is highly encouraged that all prospective Offeror’s start the SAM registration process as soon as possible.

OFFEROR MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT

(SAM) WITHIN 7 DAYS OF THE CLOSE OF THE SOLICITATION OR THE

CONTRACTING OFFICER MAY PROCEED WITH AWARD TO THE NEXT SUCCESSFUL

OFFEROR.

If you have questions about Federal Government procurements in general or need assistance in the preparation of your proposal, a local Procurement Technical Assistance Center (PTAC) may be able to help.

The PTAC was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Federal Government marketplace. To locate a PTAC near you, go to https://www.aptac-us.org/contracting-assistance/ . THIS IS A FREE SERVICE BY A NON

PROFIT PAID FOR BY THE US GOVERNMENT:

https://www.sam.gov/SAM/pages/public/index.jsf https://www.sam.gov/SAM/pages/public/loginFAQ.jsf https://www.aptac-us.org/contracting-assistance/

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Landscape Maintenance

FFP

Mow and Trim Services Harlan County Lake Project The contractor will provide all labor, equipment, supplies, and supervision necessary to achieve the stated outcomes. All work shall be performed in accordance with the performance work statement (PWS) FOB: Destination

PSC CD: S208

NET AMT

1001 1 Job OPTION Landscape Maintenance

FFP

Mow and Trim Services Harlan County Lake Project The contractor will provide all labor, equipment, supplies, and supervision necessary to achieve the stated outcomes. All work shall be performed in accordance with the performance work statement (PWS)

2001 1 Job OPTION Landscape Maintenance

FFP

Mow and Trim Services Harlan County Lake Project The contractor will provide all labor, equipment, supplies, and supervision necessary to achieve the stated outcomes. All work shall be performed in accordance with the performance work statement (PWS)

3001 1 Job OPTION Landscape Maintenance

FFP

Mow and Trim Services Harlan County Lake Project The contractor will provide all labor, equipment, supplies, and supervision necessary to achieve the stated outcomes. All work shall be performed in accordance with the performance work statement (PWS)

4001 1 Job OPTION Landscape Maintenance

FFP

Mow and Trim Services Harlan County Lake Project The contractor will provide all labor, equipment, supplies, and supervision necessary to achieve the stated outcomes. All work shall be performed in accordance with the performance work statement (PWS)

CLAUSES INCORPORATED BY FULL TEXT

202152.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond 2021. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 2021, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

KANSAS CITY DISTRICT

CORPS OF ENGINEERS

PERFORMANCE WORK STATEMENT

Mowing and Trimming Service Harlan County Lake

C.1 General Information

C.1.1 Background: Harlan County Lake is the second largest reservoir in Nebraska. Recreational development is extensive. Six parks managed by the U.S. Army Corps of Engineers, are located around the reservoir. Park areas at Harlan County Lake offer a wide variety of recreation facilities including boat launching ramps, campgrounds, full service marinas, picnic areas, and sand swimming beaches. Many routine maintenance items are contracted to the private sector, including mowing, refuse collection, and facility cleanup.

C.1.2 Scope of Work: The Contractor shall provide all manpower, equipment, fuel, tools, supervision and other items and services necessary to provide mowing and trimming of parks and roadways at the Harlan County Lake, near Republican City, Nebraska as described in this Performance Work Statement (PWS) and elsewhere in the contract.

C.1.3 Post Award Conference: After award, but prior to commencement of work, the Contractor shall contact the Contracting Officer, to arrange a mutually agreeable time to meet at the Harlan County Project Office to review the requirements and details of the work.

C.1.4 Required Insurance: The Contractor shall provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the below. Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained.

REQUIRED INSURANCE SCHEDULE

TYPE AMOUNT

Worker’s Compensation Coverage complying with Applicable State Statute Employer’s Liability Minimum amount of $100,000.00 General Liability on occurrence of bodily injury which includes, but is not limited to, insurance for all work required herein.

Minimum limits of $500,000.00 per

Comprehensive Automobile Liability Minimum limits for $200,000 per person and $500,000 per occurrence for bodily injury, and $20,000 per occurrence for property damage.

C.1.5 Quality Control

C.1.5.1 The Contractor shall designate, in writing, a responsible on-site representative who shall serve as a contact for matters involving quality, performance or non-performance of the required work assigned to that crew. The Contracting Officer may disapprove any individual whom he considers to be incompetent to perform the work required. Such disapproval will be given to the Contractor by written notice, and the Contracting Officer’s decision shall represent a final decision.

C.1.5.2 The Contractor shall furnish to the Project Manager, a telephone number attended during normal business hours (8 a.m. – 4:30 p.m., CST) to which calls concerning performance or other contractual matters can be placed. For the purpose of time and date, a message will be deemed delivered to the Contractor, at such time as it is delivered to the number provided by the Contractor.

C.1.6 Quality Assurance:

C.1.6.1 A Quality Assurance Surveillance Plan (QASP) will be used during the life of the contract to ensure that the Contractor is performing the services required by the PWS in an acceptable manner. The Government develops the QASP and the Project Office administers the Plan through Quality Assurance Evaluators (QAE)s.

C.1.6.2 The government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The government shall perform inspections and tests in a manner that shall not unduly delay the work.

C.1.6.3 In the event that an area is missed, or is not mowed, trimmed, or has not had grass or debris removed as specified, the Contractor agrees to return and re-perform the unsatisfactory or missed services immediately upon receipt of notice from the Contracting Officer.

C.1.6.4 If any of the services do not conform to contract requirements, the government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed. Payment will not be made for work not performed or not performed to standard.

C.1.6.5 In addition, the Government reserves the right to cause the specified work to be performed by a third party or Government forces and the cost incurred thereby will be levied against the Contractor. Any time Government personnel are used because of Contractor’s nonperformance, the cost levied against the Contractor will include all direct costs associated with the performance of the specified work computed on an hourly basis at the applicable wage rate. Government personnel will be used only when time is of the essence and the interests of the Government would not be served by securing a third party to perform the specified work.

C.1.7 Ordering of Services:

C.1.7.1 Individual orders for required services will be issued by telephone to the Contractor or his responsible individual, and followed by confirmation in writing from the Contracting Officer.

Telephone orders will be considered issued at such time as it is delivered to the telephone number provided by the Contractor. The Contractor shall commence the ordered service(s) within 1 week (7days) after receipt of verbal telephone order or date specified in the order (whichever is later), and complete the work in the time specified. The time allowed to complete the required services shall begin either as soon as the Contractor begins the mowing and trimming services, or at the end of the 1-week (7days) after receipt of the order, whichever occurs first.

C.1.7.2 In the event adverse weather or ground conditions occur after placement of an order for services that would create unsafe working conditions or result in damage to vegetation or turf, the Contractor shall cease operations and contact project personnel. Work affected by adverse conditions shall be stopped, restarted or rescheduled at a mutually agreed upon time, to the extent possible. Payment will not be made for work not performed as a result of wet weather conditions unless and alternate date for services can be arranged, and services are performed.

C.1.7.3 The Government reserves the right to order any single item/sub-item individually, or any combination of items/sub-items per order, up to and including all items. However, no order shall be placed which totals less than one full workday. One workday shall be deemed to mean 8 man-hours for the purposes of this specification.

AREAS TO BE SERVICED

Area Name

Map Attach-ment Number

Mowing

Frequency Acres Estimated Time to Complete

Methodist Cove Park 2 6-12 43.5 8 hrs Hunter Cove Park 3 6-12 37.8 8 hrs

Gremlin Cove Park 4 6-12 13.8 4 hrs Admin Area 5 6-12 1.6 1 hr North Outlet 6 6-12 7.6 1.5 hrs South Outlet 7 6-12 3.4 1 hr

ATV Staging Area 8 6-12 4.8 1 hr ATV Trailhead 9 6-12 1.4 .5 hr Hi Point Shelter 10 6-12 3.7 1 hr

Cedar Point 11 6-12 2.9 1.5 hr Entrance Road 12 6-12 2.0 1 hr

Road B 13 6-12 3.0 1 hr Road to South Outlet 14 6-12 2.4 1 hr

Total 127.9 30.0 hrs

1. The term “required services”, applied to time allowed, shall be deemed to include all required trimming.

2. Acreages shown above are estimated. The Contractor shall be responsible for determining all acreages and conditions affecting the performance of the work. The Contractor shall satisfy himself/herself that the government estimated acreages are acceptable within 30 days of the first mowing.

C.1.8 Period of Performance:

C.1.8.1 This Contract shall be effective on 1 April (or date of award, if later) and shall remain in full force and effect through 30 September. Effective dates of full-year renewal options (if exercised) shall be from 1 October through 30 September of the following year.

C.1.8.2 Services provided by this contract are for a Not To Exceed (NTE) contract. The number of mowings will include 6-12 mowings in areas defined on the attached maps.

C.1.8.3 Mowing and trimming services shall be as ordered for the service period 1 April through 30 September, Monday through Friday, between the hours of 7:30 a.m. and 6:00 p.m. Work will not be permitted on Saturdays, Sundays, and holidays unless this restriction is specifically waived in writing by the Contracting Officer.

C.1.8.4 The Government anticipates that a mowing order for all parks & roadways will be placed prior to the following holidays: Memorial Day, Fourth of July, and Labor Day.

C.1.8.5 All work shall be accomplished within the time frames specified above. Services rendered outside the time frames specified will not be compensated, unless this restriction is specifically waived in writing by the Contracting Officer.

C.1.8.6 The Contractor shall be required (equipment and manpower) to accomplish all mowing and trimming within 5 days. If the Contractor chooses to mow during a rain period, the day will be counted against the five day period allowed by this Performance Work Statement.

C.1.8.7 The Government reserves the right to add a net amount of 100 new features per year within the contracted area with no additional cost to the Government, especially in areas damaged during the 2019 flooding. Features may include but not limited to, trees, shrubs, grills, playground equipment, fire rings, electrical pedestals, trash cans, trash dumpsters, parking lots, campsites, posts, signs, etc.

C.1.9 Contractor Personnel:

C.1.9.1 All Contractor personnel shall be fully clothed, at all times, while performing these services. Clothing shall be clean and neat in appearance.

C.1.9.2 Contractor personnel shall utilize tact, diplomacy and courtesy at all times during contact with the public.

C.1.9.3 All property left by visitors and found during contract operations shall be turned into the Project Office. Any evidence of vandalism, instances of facilities not operating properly, or facilities in need of repair shall be reported immediately to Project personnel.

C.1.10 Safety Requirements

C.1.10.1 The Contractor shall comply with all provision of Corps of Engineers Safety and Health Manual, EM 385-1-1. The Contractor will be expected to take a vital interest in safety, hazard, and educate their employees to work and plan their work safely. Proper driving techniques and defensive driving will be practiced to prevent vehicle accidents and property damage.

C.1.10.2 The Contractor shall comply with all pertinent provisions of the Federal, State, and local safety regulations and shall take or cause to be taken such additional measures as the Contracting Officer may determine to be reasonable and necessary for the purpose.

C.1.10.3 Contractor vehicles shall be equipped with 4-way flashers and turn signals in operating condition. Flashers shall be activated when vehicles are parked alongside, or traveling slowly along roadways.

C.1.10.4 Any injury, property damage equipment malfunction or safety hazard observed by the Contractor shall be immediately reported to Project personnel.

C.1.10.5 Tractors and self-propelled mowers over twenty (20) drawbar horsepower and/or exceeding 1,000 pounds gross weight shall be equipped with an approved rollover-protection system, flashers, turn signals and seatbelts. Seatbelts shall be worn and flashers activated at all times when equipment is in operation. Tractors and other slow-moving equipment shall be equipped with slow moving vehicle signs. All mowers and trimming equipment shall be equipped and maintained with safety chains, discharge-deflection devises, and/or other approved safety devices to prevent accidental damage or injury from objects thrown by mowers.

C.1.10.6 The Contractor shall take such measures to protect the public and property from foreign materials thrown from rotary mowers and other rotating equipment while operating in public use areas and on public roadways.

C.1.10.7 During mowing periods, the government reserves the right to schedule meetings with the Contractor. The meetings shall be scheduled at the Project Office, as necessary; to ensure strict compliance with the terms of the contract, to coordinate work schedules incompliance with the Performance Work Statement, and to arrange a satisfactory operating agreement.

C.2 Definitions and Acronyms: The following definitions and descriptions apply wherever the word, phrase, or acronym is used in their Performance Work Statement.

Acceptable Level of Performance (ALP): The maximum percent defective, the maximum number of defects per hundred units, or the number of defects in a lot that can be considered satisfactory on the average. The allowable leeway or variance from a standard before the government will reject the specific service.

Fully Clothed: Deemed to mean that a sleeved shirt (or T-shirt), trousers, and shoes shall be worn at all times.

Performance Requirements Summary (PRS): The PRS shows contract requirements, the standard of performance, and the acceptable level of performance (ALP) for each work requirement.

Quality Assurance Surveillance Plan (QASP): An organized written document used by the Government for quality assurance surveillance. Document contains sampling/evaluation guides, checklists, and the performance requirements summary

(PRS).

Quality Control (QC): A method used by the Contractor to control the quality of goods and services provided.

Roadway Mowing: Mowing width along roadways will be considered 10 feet unless otherwise limited.

C.3 Government-Furnished Equipment, Materials, and Supplies. None.

C.4 Contractor Furnished Equipment and Supplies. The Contractor shall furnish all equipment to accomplish the services specified in this PWS. All equipment must be approved by the Contracting Officer prior to initial use. Equipment breakdown shall not relieve the Contractor of the responsibility of performing the work as specified. The Contractor shall assure that he has, or can obtain on short notice, sufficient backup equipment to continue the services as specified without interruption in the event of mechanical failure of his primary equipment.

C.4.1 Mowers shall be tractor-mounted multi-spindle, rotary type capable of producing a smooth even cut, with a cutting height adjustable from 3 to 5 inches. Blades shall be sharpened and/or replaced often enough to assure smooth grass cut. All mowers shall be constructed to distribute grass clipping evenly to prevent clumps or windrows.

C.4.2 Tractor pulled batwing mowers shall not exceed 15 ft. width, and will not be allowed in more heavily treed or congested areas of campgrounds. Tractors shall be of sufficient horsepower, capabilities and design to operate batwing mowers to prevent scalping or other damage either by blades or side plates, to ground, roads, and roadsides.

C.4.3 Trimming equipment shall consist of power hand mowers, “weed-eaters” or other type power trimmers, weed whips, and other equipment and tools as may be appropriate for the task.

C.5 Specific Tasks: All mowing and trimming shall be completed in an area prior to moving to another area. The Government reserves the right to designate the starting point (area or items to be mowed first) when ordering services under this contract. Prospective bidders are encouraged to visit and fully inspect all areas, accesses, locations, terrain, etc. prior to bidding. The

Government shall not he held accountable for conditions at the site, which were not taken into account by prospective bidders.

C.5.1 Mowing

C.5.1.1 Mowing shall be accomplished so that all turf area is cut to the height of 3. Mowing shall be accomplished to within but not closer than 8 inches of the trunk of any tree or shrub.

C.5.1.2 Mowing operations shall not cause rutting or otherwise disturb existing turf. Tractors shall be operated in such a manner as to protect against the sod being torn by the tractor wheels on turns.

C.5.1.3 All mowers (large and small) shall be compatible with each other in mowing height and appearance of cut grass. After mowing, areas serviced under this contract shall present a neat, well-cared-for evenly mowed appearance, free from ruts or any un-mowed strips, streaks or windrows.

C.5.2 Trimming

C.5.2.1 Trimming is required around trees, shrubs, buildings and other objects. Trimming is required within but no closer than 4 inches from the trunk of any un-mulched tree, bush, or shrub.

However, trimming around buildings and other inanimate objects shall be accomplished to the last blade of grass. Movable objects shall be moved and the area around and under such objects shall be mowed and/or trimmed.

C.5.2.2 Trimming height shall match surrounding area grass heights. All areas shall be trimmed simultaneously, or immediately following mowing, and in all instances shall be completed no later than 48 consecutive hours after mowing.

C.5.2.3 Immediately following mowing and trimming, the Contractor shall remove grass clippings or debris deposited as a result of mowing and trimming operations form all sidewalks, and entrances into buildings.

C.5.2.4 All camp pads and water hydrants are sprayed for vegetation control. The Contractor shall trim all vegetation along or within graveled camp pads and graveled hydrants.

C.5.2.5 Extreme care shall be exercised when mowing and trimming around trees, bushes, shrubs, buildings, and other objects to insure that equipment does not come in contact with the object. All costs of repair or replacement in size, kind and type resulting from damage by the Contractor’s equipment shall be borne by the Contractor. Repair or replacement shall occur within 30 calendar days of noticed damage.

C.6 List of Attachments:

1-14 MAPS

No. 1 Harlan County Lake – Overall Mowing Locations

No. 2 Methodist Park No. 3 Hunter Park No. 4 Gremlin Cove Park No. 5 Administration Area No. 6 North Outlet No. 7 South Outlet No. 8 ATV Staging Area No. 9 ATV Trail Head No. 10 Highpoint Shelter No. 11 Cedar Point No. 12 Entrance Road No. 13 Road B No. 14 Road to South Outlet

No. 15 Performance Requirements Summary (PRS)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2021 TO

31-MAR-2022

N/A HARLAN COUNTY PROJECT OFC

TOM ZIKMUND

70788 CORP ROAD A

REPUBLICAN CITY NE 68971-9742

816-389-3496

966505

1001 POP 01-APR-2022 TO

31-MAR-2023

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-APR-2023 TO

31-MAR-2024

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-APR-2024 TO

31-MAR-2025

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-APR-2025 TO

31-MAR-2026

N/A (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

TPL_NWK_001 Points of Contact

CONTRACT

SPECIALIST:

Sheila Nimrod PHONE: (816) 389-2252 E-MAIL: Sheila.d.nimrod@usace.army.mil

PROJECT

MANAGER:

Thomas Zikmund PHONE: (816) 389-3496 E-MAIL: Thomas.j.zikmund@usace.army.mil

Section H - Special Contract Requirements

SERVICE CONTRACT ACT WD

The following current Service Contract Act Wage Determinations are incorporated into this RFQ by reference:

Service Contract Act WD Number 2015-5357, Revision Number: 12, 12/21/2020 State Nebraska County Harlan and can be downloaded on the beta.SAM.GOV at https://beta.sam.gov/wage-determination/2015-5357/12?keywords=2015-5357&page=1&index=wd

“A hard copy of the applicable wage decision will be provided upon request.”

https://beta.sam.gov/wage-determination/2015-5357/12?keywords=2015-5357&page=1&index=wd

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

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

Incident Reporting

DEC 2019

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

MAY 2016

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items OCT 2020 252.247-7023 Transportation of Supplies by Sea FEB 2019

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (13) [Reserved]

XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (JUN 2020) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

____ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

XX (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XX (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

XX (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

XX (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

XX (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (MAY 2014) of 52.225-3.

____ (iii) Alternate II (MAY 2014) of 52.225-3.

____ (iv) Alternate III (MAY 2014) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

XX (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

XX (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____(7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 7 days prior to contract expiration.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within not less than thirty (30) days prior to expiration of current period of performane; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(5) years.

(end of clause)

202152.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond 2021. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 2021, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulations System (FAR) https://www.acquisition.gov/browse/index/far

Department of Defense Federal Acquisition Regulation Supplement https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

Department of Army Federal Acquisition Regulation Supplement…