B.01.01 - Combined Synopsis Solicitation W912DQ20R1016.pdf

SYNOPSIS/SOLICITATION

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 only the solicitation; quotes are being requested and a written solicitation (SF 1449) will not be issued.

The solicitation number for this acquisition is W912DQ20R1016 and it is being issued as a Request for Proposal (RFP).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-04.

This RFP shall be competed as a 100% small business set-aside and the associated North American Industry Classification System (NAICS) code is 562111 – Solid Waste Collection and the business size standard is $41.5 Million. The Product/Service Code is S205 – Trash/Garbage Collection Services.

FAR 52.212-1, Instructions to Offerors – Commercial, does apply to this acquisition with no addenda to the provision.

FAR 52.212-2, Evaluation – Commercial Items, does apply to this acquisition. The specific evaluation criteria to be included are detailed in Section M of this combined synopsis/solicitation.

FAR 52.212-3, Offeror Representations and Certifications- Commercial Items, does apply to this acquisition. A completed copy of the provision should be included with your offer.

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. The specific clauses required are detailed in Section I of this combined synopsis/solicitation.

OFFERORS INTERESTED IN RESPONDING TO THIS RFP MUST SUBMIT THEIR

PROPOSAL ON THE ATTACHED SYNOPSIS/SOLICITATION. Award will be made to the offeror providing the best value. Any questions regarding this synopsis/solicitation must be submitted by e-mail to the point of contact below. The Government reserves the right to cancel this combined synopsis/solicitation at any time.

Proposals are due on 17 March 2020 by 2 pm CST. Proposals may be mailed or emailed to the following contacts below.

Use the below address if you have any questions or decide to email your proposal:

laura.l.hedrick@usace.army.mil

Use the below address if you decide to mail in your proposal:

Laura Hedrick

ATTN: CECT-NWK-C

647 Federal Building 601 E 12th Street, Room 647 Kansas City, Missouri 64106

If you have questions about 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 Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org/contracting-assistance/.

THIS A FREE SERVICE BY A NON PROFIT PAID FOR BY THE US GOVERNMENT.

System for Award Management (SAM)

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 before submitting a proposal, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.sam.gov/SAM/.

It is highly encouraged that all prospective Offeror’s start the SAM’s registration process as soon as possible.

OFFEROR MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT

BEFORE THE CLOSE OF THE SOLICITATION OR THE CONTRACTING OFFICER

MAY PROCEED WITH AWARD TO THE NEXT SUCCESSFUL CONTRACTOR.

If you were not previously registered, please go to https://www.sam.gov/SAM/. Instructions for new registrations are also located at the following link https://www.sam.gov/SAM/transcript/Quick_Guide_for_Updating_or_Renewing_SAM_Registra tions.pdf.

(End of Synopsis/Solicitation)

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 12 Months FY 20 Services- Administration Areas

FFP

The Contractor shall provide all manpower, equipment, fuel, tools, supervision and other items and services necessary to provide refuse collection in administration areas at the Harlan County Lake, near Republican City, Nebraska, as described in the Performance Work Statement.

FOB: Destination

NET AMT

1002 5 Months FY 20 Services- Parks

FFP

The Contractor shall provide all manpower, equipment, fuel, tools, supervision and other items and services necessary to provide refuse collection in park areas at the Harlan County Lake, near Republican City, Nebraska, as described in the Performance Work Statement.

1003 3 Months FY 20 Services- Hunter Cove

FFP

The Contractor shall provide all manpower, equipment, fuel, tools, supervision and other items and services necessary to provide refuse collection Hunter Cove at the Harlan County Lake, near Republican City, Nebraska, as described in the

2001 12 Months OPTION FY 21 Services- Administration Areas

FFP

The Contractor shall provide all manpower, equipment, fuel, tools, supervision and other items and services necessary to provide refuse collection in administration areas at the Harlan County Lake, near Republican City, Nebraska, as described in

2002 5 Months OPTION FY 21 Services- Parks

FFP

The Contractor shall provide all manpower, equipment, fuel, tools, supervision and other items and services necessary to provide refuse collection in park areas at the Harlan County Lake, near Republican City, Nebraska, as described in the

2003 3 Months OPTION FY 21 Services- Hunter Cove

FFP

The Contractor shall provide all manpower, equipment, fuel, tools, supervision and other items and services necessary to provide refuse collection Hunter Cove at the Harlan County Lake, near Republican City, Nebraska, as described in the

3001 12 Months OPTION FY 22 Services- Administration Areas

FFP

The Contractor shall provide all manpower, equipment, fuel, tools, supervision and other items and services necessary to provide refuse collection in administration areas at the Harlan County Lake, near Republican City, Nebraska, as described in

3002 5 Months OPTION FY 22 Services- Parks

FFP

The Contractor shall provide all manpower, equipment, fuel, tools, supervision and other items and services necessary to provide refuse collection in park areas at the Harlan County Lake, near Republican City, Nebraska, as described in the

3003 3 Months OPTION FY 22 Services- Hunter Cove

FFP

The Contractor shall provide all manpower, equipment, fuel, tools, supervision and other items and services necessary to provide refuse collection Hunter Cove at the Harlan County Lake, near Republican City, Nebraska, as described in the

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS) for Refuse Collection & Disposal Kansas City District COE

Harlan County Lake Performance Work Statement

1. General Information

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 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.

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

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

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 below. Before commencing work under this contract, the Contractor shall notify the Contracting Officer or COR in writing that the required insurance has been obtained.

REQUIRED INSURANCE SCHEDULE

TYPE AMOUNT

Worker's Compensation Coverage complying with applicable State Statute, at a minimum of $100,000.00

Employer's Liability Minimum amount of $100,000.00

General Liability on Comprehensive Policy Minimum limits of $500,000.00 per occurrence of bodily injury which includes, but is not limited to, insurance for all work required herein.

Comprehensive Automobile Liability Minimum limits for $200,000.00 per person and $500,000.00 per occurrence for bodily injury, and $20,000.00 per occurrence for property damage.

NOTE: Coverage required above are minimums. If higher limits of coverage are required by State statute, the Contractor shall be responsible for obtaining such additional coverage. Information regarding State requirements may be obtained by contacting: Nebraska: State Insurance Department, (402) 471-2201

1.5 Quality Control:

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.

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 elate, a message will be deemed delivered to the Contractor, at such time as it is delivered to the number provided by the Contractor.

1.6 Quality Assurance:

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 this PWS in an acceptable manner. The Government develops the QASP and the Project Office administers the Plan through Quality Assurance Evaluators (QAE)s.

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.

1.6.3 In the event that an area is missed, or refuse is not collected as specified, the Contractor agrees to return and re-perform the unsatisfactory of missed services immediately upon receipt of notice from the Contracting Officer or

COR.

1.6.4 If any of the services do not conform to contract requirements, the government shall 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.

1.6.5 In addition, and if necessary, due to non-conformity, 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.

1.7 Areas To Be Serviced:

1.7.1 The services furnished under this procurement shall consist of furnishing all labor, equipment, and supplies as specified, to service and empty approximately 18 Contractor furnished dumpsters (3-8 cu yd, 1-6 cu yd, 2-4 cu yd, 6-2 cu yd, 1-1 cu yd and 5-96 gallon containers). Refuse from the receptacles and dumpsters shall be transported to and disposed of by the Contractor at a State licensed Landfill off government properly. All costs in connection with the above work shall be borne by the Contractor.

1.7.2 The areas subject to refuse collection under this contract, and the number of receptacles required to be serviced are as follows:

TECHNICAL EXHIBIT 1

Park Area Number of Receptacles 96 Gal 1 YD 2 YD 4 YD 6 YD 8 YD Office/Shop 1 Methodist Cove 1 1 1 Hunter Cove 1 1 1 East Gremlin 1 Gremlin Cove 2 @ shelter 1

North Outlet 1 South Outlet 2 Cedar Point 1 High Point 2 @ shelter ATV Trail 1 Total 5 1 6 2 1 3

1.7.3 Size substitution of dumpsters will be permitted to the following extent: At each specified dumpster location, substitution in the size and number of dumpsters required to achieve the specified cubic yards of refuse storage may be made. However, consolidation of collection sites (locations of dumpsters within each area) will not be permitted.

1.7.4 Total refuse receptacles (18) shall be subject to a variation of 2 receptacles, not to exceed 6 yards, at no change in contract price. Should all services be terminated in an area, an adjustment will be made by contract modification.

1.7.5 During the service period of 01 October thru 30 November and 01 April thru 30 April, dumpster size may be reduced to 4 cubic yard containers at Hunter Cove.

1.8 Period of Performance:

1.8.1 Services shall be performed in accordance with the following schedule between the hours of 6:00AM and

6:00PM.

(1) 15 October thru 14 May services will be performed once weekly on Monday.

(2) 15 May thru 14 October services shall be performed two times weekly on Monday and Friday, regardless of Holidays.

(3) In addition, services shall be performed on the following special collection days or Holidays regardless of the day of week:

FY 2020 FY 2021 Option (if exercised) FY 2022 Option (if exercised) May 23* & 24 May 29* & 30 May 28* & 29 June 28* & July 4 June 27* & July 4 June 26* & July 3 Sept 5 & 6 Sept 4 & 5 Sept 3 & 4

*Refuse will be collected between the hours of 2 PM and 6 PM of these dates.

APPENDIX A

COLLECTION SCHEDULE

MONTH

Office/Shop and Government House Area

PARKS

JAN Every Monday Every Monday FEB Every Monday Every Monday

MAR Every Monday Every Monday APR Every Monday Every Monday

MAY Every Monday and Friday Every Monday and Friday JUN Every Monday and Friday Every Monday and Friday JUL Every Monday and Friday Every Monday and Friday

AUG Every Monday and Friday Every Monday and Friday SEP Every Monday and Friday Every Monday and Friday OCT Every Monday Every Monday NOV Every Monday Eve1y Monday DEC Every Monday Every Monday

The period of performance is from 1 May thru 30 September for the following Parks. The above chart or elsewhere in the solicitation should be adhered to for refuse collection:

Methodist Cove Hunter Cove Gremlin Cove East Gremlin North Outlet South Outlet Cedar Point Hi-Point ATV Trail

The period of performance is from 1 April thru 30 April and 1 October thru 30 November for the following Park. The above chart or elsewhere in the solicitation should be adhered to for refuse collection: Hunter Cove

Containers shall also be available for use and serviced for the Office/Shop. The above chart or elsewhere in the solicitation should be adhered to for refuse collection.

1.9 Contractor Personnel:

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.

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

1.9.3 All property left by visitors and found during contract operations shall be turned in to 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.

1.10 Safety Requirements:

1.10.1 The Contractor shall comply with all provisions of the Corps of Engineers Safety and Health Manual, EM 385-1-1. The Contractor will be expected to take a vital interest in safety, hazards, 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.

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.

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

1.10.4 Safety Features. See EM 3 85-1-1 16.B.12

2 Definitions and Acronyms: The following definitions and descriptions apply wherever the word, phrase, or acronym is used in this performance work statement.

2.1 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.

2.2 Fully-Clothed: Deemed to mean that a sleeved shirt (or T-shirt), trousers, and shoes shall be worn at all times except that this requirement shall not be construed to replace or eliminate the necessity for the wearing of appropriate protective clothing or devices as may be required for application of various chemicals.

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

2.4 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).

3 Government-Furnished Equipment, Materials and Supplies. None

4 Contractor Furnished Equipment and Supplies: The Contractor shall furnish the following:

4.1 All manpower and supervision necessary to accomplish the work.

4.2 Dumpsters in the size and capacity necessary to accommodate the serviced areas. See paragraph 1.7.2 of the areas to be serviced.

4.3 Compactor-type truck(s) or compactor-type trailer(s) have a gross weight not to exceed 30,000 lbs. For equipment having tow axles, or 45,000 lbs., or for vehicles having three axles, suitably equipped and constructed so as to prevent the scattering of refuse along the route. The equipment shall be capable of retaining all waste and fluids without leakage. All vehicles will be equipped with warning flashers, which shall be activated when vehicle is stopped or traveling slowly along roadway. All trucks shall be equipped with back-up warning devices.

4.4 All Contractor furnished equipment and supplies shall be approved by the Contracting Officer or delegated authority prior to initial use.

4.5 Odor control granules.

5 Specific Tasks:

5.1 All refuse containers shall be emptied, and all refuse shall be picked up 6 feet within the vicinity of the refuse containers. Any spillage of refuse, in the course of the handling operation, shall be cleaned up immediately by the Contractor. Refuse containers, when emptied, shall be returned to their original position, and the cover reinstalled.

Refuse containers that have been moved by visitors shall be emptied and returned to their proper location.

5.2 Any items that the collector cannot lawfully dispose of at a state approved landfill will be delivered to the administration office.

5.3 All refuse from dumpsters, location area of dumpster, and refuse containers shall be free from trash and transported and disposed of by the Contractor, off Government property to a State-approved sanitary landfill or disposal point. All cost in connection with this work shall be borne by the Contractor.

5.4 When odor becomes prevalent in refuse containers, the Contractor shall wash such containers with water and detergent until the containers are clean and odor is reduced to a minimal level. Disinfectant shall be applied to the containers as directed by the Contracting Officer. Cleaning and disinfecting of refuse containers, dumpsters and cleaning equipment shall be accomplished in an area designated by the Contracting Officer.

5.5 Equipment used for hauling refuse shall be thoroughly washed, cleaned and disinfected to keep it free of residue and odor and to present a clean appearance.

5.6 Contractor furnished dumpsters shall be delivered and placed in park areas at locations designated by the Project Manager, and shall be maintained in good repair and appearance. Damaged or unsightly dumpsters shall be removed and replaced with like units in good repair. All contractor furnished dumpsters shall be so constructed and equipped as to prevent accidental tip-over by the public.

5.7 In the event of a dispute relating to the need for cleaning equipment and/or dumpsters, the Contracting Officer's decision shall represent a final decision.

5.8 Refuse collection is directly related to public health and sanitation; therefore, it is essential that all refuse containers be serviced as specified. In the event that an area, or containers within an area, are missed or not properly serviced, the Contractor agrees to return and re-perform the missed or improperly performed services for the area or affected container(s) immediately upon receipt of such notice by the Contracting Officer.

5.9 Equipment breakdown shall not relieve the Contractor of the responsibility of performing the work as specified.

It shall be the responsibility of the Contractor to 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. The Contractor shall notify the Contracting Officer or delegated authority within 8 hours of any such equipment failure and provide his alternate plan for collection of refuse during the repair period. Backup equipment need not be of the same type or meet the same requirement of the primary equipment, except as it pertains to the scattering of refuse along the route; however, such equipment may be utilized only to accomplish the specified work of the contract while primary equipment is being repaired, for a period not to exceed 14 calendar days without prior approval of the Contracting Officer.

6. List of Attachments:

Map of Harlan County Lake is a separate document Labeled: ATTACHMENT

W912DQ20R1016

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

1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

1001 POP 01-MAY-2020 TO

30-APR-2021

N/A HARLAN COUNTY PROJECT OFC

70788 CORP ROAD A

REPUBLICAN CITY NE 68971-9742

G5R0720

1002 POP 01-MAY-2020 TO

30-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-MAY-2020 TO

30-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-MAY-2021 TO

30-APR-2022

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-MAY-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-MAY-2022 TO

30-APR-2023

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-MAY-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

Section H - Special Contract Requirements

AT/OPSEC

Antiterrorism/Operations Security Contract Requirements

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

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

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

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-19 Compliance with Environmental Management Systems MAY 2011 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-18 Availability Of Funds 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

DEC 2013

52.233-1 Disputes MAY 2014 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.243-1 Changes--Fixed Price AUG 1987 52.249-4 Termination For Convenience Of The Government (Services)

(Short Form)

APR 1984

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991 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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

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

MAY 2016

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

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities DEC 2017 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 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause--

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2019)

(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 2019) (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 (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

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

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Aug 2018) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (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 (OCT 2019) (15 U.S.C.

657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2019) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

____ (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

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

X (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

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

____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

X (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (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.

____ (48) 52.225-5, Trade Agreements (Oct 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 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).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

X (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (60)(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.)

X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

X (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

X (4) 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).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

X (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (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, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, 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 2019) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

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

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xii) 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.

(xiii) 52.222-41, Service…