B.01.01 - Combined Synopsis-Solicitation W912DQ24Q1051.pdf

W912DQ24Q1051

Section A - Solicitation/Contract Form

SOLICITATION/CONTRACT FORM

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 W912DQ24Q1051 and it is being issued as a Request for Quotes

(RFQ).

Offers are due on April 5th, 2024 by 12:00 pm CST noon. All quotes must be good for at least 60 days from due date.

This requirement will be synopsized and solicited, and quotes will be received, through the Procurement Integrated Enterprise Environment (PIEE) System Solicitation Portal. Quotes will be received and accepted through either the PIEE Solicitation Portal or by emailing Grant Hibbs at grant.m.hibbs@usace.army.mil.

In order to submit a quote for this requirement through the PIEE Solicitation Portal, Contractors will first need to register for the PIEE ‘Proposal Manager’ role.

How to Register:

1. Navigate to https://wawf.eb.mil/

2. Select Register [top right]

3. Select Vendor

4. Create a User ID and Password and follow the prompts [next]

5. Create Security Questions [next]

6. Complete your User Profile Information [next]

7. Complete your Supervisor or Approving Official Information [next]

8. Complete Roles - Step 1. Select SOL-Solicitation, Step 2. Select Proposal Manager, Step

2. Click Add Roles, Step 4. Fill in your Location Code (CAGE Code) [next] ensures

9. Provide a justification for your registration [next]

10. Follow the remaining prompts to submit your registration

To learn more about the PIEE Solicitation Portal and for training/instructions on submitting your quote, please visit the Web Base Training Page below: https://pieetraining.eb.mil/wbt/xhtml/wbt/sol/solicitation/proposals.xhtml

If you have any questions, please contact Grant Hibbs, grant.m.hibbs@usace.army.mil, 816-389-3503. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-03.

This synopsis/solicitation shall be set aside for small businesses and the associated North American Industry Classification System (NAICS) code is 561730 – Landscaping Services

Business size standard is $9.5 million.

Product/Service Code: S208 – Housekeeping- Landscaping/Groundskeeping

Description of Services Required: The U.S. Army Corps of Engineers Kansas City District has a need for Mowing and Trimming Services to support Harry S Truman Lake Project in the Operations Division of the Kansas City District. The contractor shall perform all services in accordance with the Performance Work Statement located in Section C. The Contractor shall comply with all Federal, state, and local laws, ordinances, statutes and regulations pertaining to the provided services.

Place of Contract Performance: Harry S Truman Lake, Warsaw, Missouri.

Far 52.212-1, Instructions to Offerors- Commercial does apply to this acquisition with no addenda to the provision and is located in Section L of this combined synopsis/solicitation.

Far 52.212-2, Evaluation - Commercial Edited does apply to this acquisition with no addenda to the provision and is located in Section M of this combined synopsis/solicitation.

FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items, does apply to this acquisition with no addenda to the provision, and is located in Section K of this combined synopsis/solicitation.

FAR 52.212-4, Contract Terms and Conditions - Commercial Items, does apply to this acquisition with no addenda to the provision. These specific clauses required are located in Section I of this combined synopsis/solicitation.

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 located in Section I of this combined synopsis/solicitation.

FAR 52.219-14(e)(1), Limitations On Subcontracting - See contract clause for subcontracting limitations.

Additional contract requirement(s) or terms and conditions are located in Section J of this combined synopsis/ solicitation.

In accordance with FAR 52.212-1(k) the prospective awardee shall be registered and active in https://sam.gov/ for their System Award Management (SAM).

PLEASE NOTE: SAM.GOV procedures have been changed as of 8 November 2019. Interested vendors must go to SAM.gov to register in SAM and to review current notices or announcements.

Contractors may obtain information on registration and annual confirmation requirements via the Internet at https://sam.gov/ or by calling (866) 606-8220.

The System for Award Management (SAM) is a Federal Government owned and operated free web site. If you are a small business needing assistance with registering or help with navigating through the website you may contact the Association for Procurement Technical Assistance Centers for help with actions such as SAM.gov registration.

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/sam-registration/

(End)

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Power Plant Areas

FFP

The work covered by this contract will consist of furnishing all equipment, labor, operators, supervision/site superintendent, quality control, supplies, materials, and incidentals necessary to satisfactorily perform and provide mowing services for the Harry S. Truman Lake Project IAW the Performance Work Statement attached to this contract.

FOB: Destination

PSC CD: S208

NET AMT

0002 1 Job Joint Areas

FFP

The work covered by this contract will consist of furnishing all equipment, labor, operators, supervision/site superintendent, quality control, supplies, materials, and incidentals necessary to satisfactorily perform and provide mowing services for the Harry S. Truman Lake Project IAW the Performance Work Statement attached to this contract.

0003 1 Job Recreation Areas

FFP

The work covered by this contract will consist of furnishing all equipment, labor, operators, supervision/site superintendent, quality control, supplies, materials, and incidentals necessary to satisfactorily perform and provide mowing services for the Harry S. Truman Lake Project IAW the Performance Work Statement attached to this contract.

0004 1 Job Visitor's Center Areas

FFP

The work covered by this contract will consist of furnishing all equipment, labor, operators, supervision/site superintendent, quality control, supplies, materials, and incidentals necessary to satisfactorily perform and provide mowing services for the Harry S. Truman Lake Project IAW the Performance Work Statement attached to this contract.

0005 1 Job ENS Areas

FFP

The work covered by this contract will consist of furnishing all equipment, labor, operators, supervision/site superintendent, quality control, supplies, materials, and incidentals necessary to satisfactorily perform and provide mowing services for the Harry S. Truman Lake Project IAW the Performance Work Statement attached to this contract.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

MOWING AND TRIMMING SERVICES

HARRY S. TRUMAN LAKE

15 March 2024

1. DESCRIPTION OF SERVICES. The Contractor shall provide all personnel, equipment, tools, supervision, and other items and services necessary to ensure that mowing and trimming is performed at Harry S. Truman Lake, MO in a manner that will maintain healthy grass, trees, shrubs, and plants and present a clean, neat, and professional appearance.

1.1. MAINTAIN IMPROVED GROUNDS.

1.1.1. The Contractor is responsible for ensuring all requirements and standards as stated in this

Performance Work Statement and on the attached Maps are met throughout the period of performance of this contract. All mowing shall be completed in an area prior to moving to another area. Mowing shall be accomplished so that all grassed areas are maintained at a height between 3” and 6”. It is the Contractor’s responsibility to ensure no damage is done to any inanimate objects, such as trees, bushes, walls, posts, signs, park equipment or other objects.

Mowing with heavy equipment will not be permitted when the ground is so wet that the mowing operations cause rutting or otherwise disturb existing turf. It is the Contractor’s responsibility to select the appropriate equipment to ensure all grass is cut to meet the standards as stated in this PWS during each mowing. Any areas in the contract that are too wet during the time of the mowing to use a mower will require other means to meet the height requirements specified for the grass. Tractors/mowers shall be operated in such a manner as to protect against the sod/grass being torn by the wheels on turns and on the slope. In the event sod/grass is damaged, the Contractor shall re-dress and seed the damaged areas with KY-31 fescue seed at the rate of 100 pounds per acres or Contracting Officer Representative’s (COR) approved equal. Extreme care shall be exercised when mowing and trimming around trees, bushes, shrubs, to ensure equipment does not cause damage to them. Repair or replacement in size, kind and type resulting from damage by the Contractor’s equipment shall be borne by the Contractor. Repair, replacement or payment for the damage shall be completed/received within 30 calendar days of noticed damage.

Contractor shall use the appropriate means of access to all locations via existing gate or roadway.

Do not drive around gates creating openings vulnerable to encroachments. Repair of these areas will be at the Contractor’s expense.

a. Mowing shall be scheduled by the Contractor throughout the period of performance except that all areas delineated as Miscellaneous shall be mowed prior to all major holidays (Memorial Day, Fourth of July and Labor Day). The Contractor shall take into consideration anticipated growth rates during the season so to schedule the work to meet height requirements of the grass and vegetation. Mowing shall be scheduled so that all locations identified as Miscellaneous meet the specified height requirement of 4-8”on the date of the holiday. The Miscellaneous Acres for the Admin Area shall have an additional mowing at the same time as the final mowing of the season for the Mixed Grass.

1.1.2. The Contractor’s work schedule shall be from 10 April thru 31 October of each Period of Performance included in this contract. Campgrounds open 15 April.

1.1.3. Grass and vegetation at Lagoons shall be maintained at a height between 4” and 8” throughout the period of performance.

1.1.4. Grass and vegetation at Beck Cave Levee, Ponds and Marshes shall be mowed and/or brush hogged twice a year, once in June and once in October. Mow to the fence line at Beck Cave Levee and 50’ from the toe line at the ponds and marshes. Includes inside, top, and backside banks of these areas. Ensure a clean and professional finish.

1.1.5. Mowing and trimming at the Project Office and the Visitor’s Center shall include weed control in the flower/rock beds surrounding the facilities. Weeds must be manually removed unless the Contractor possesses a valid certified herbicide applicator’s license in which case they may be controlled by spraying. License shall be submitted to the Government if spraying is the preferred method of control.

1.1.6 All trimming shall be accomplished either simultaneously or immediately following mowing, and in all instances shall be completed no later than 24 hours after mowing, except that this paragraph shall not be construed to alter the total time allowed as specified. Trees or other objects shall not be bumped or scraped by mowers. Trimming shall be accomplished up to the last blade of grass surrounding trees, bushes and all other inanimate objects. Edging with an edger is not required. No damage shall be caused to any objects being mowed around. Maintain appropriate clearance between roll-over protection on equipment and signs so that signs are not scratched or damaged. All costs associated with replacing damaged signs due to Contractor’s negligence will be borne by the Contractor. Roadway trimming includes around the culvert inlets and outlets along the West Dam Access Road during regular services of the mixed grass areas. Levee trimming consists of trimming all alive or dead grass around the sluice gate concrete culvert inlets and outlets. The guardrail at all boat ramps and all riprap areas surrounding boat ramps and boat ramp parking lots shall be trimmed to include three (3) feet down the riprap slope. This includes the walkways down to the fishing docks in the Bledsoe Ferry East area. Movable objects, such as picnic tables, shall be moved and the areas around and under such objects shall be mowed and trimmed. Objects shall be returned to their original positions and sidewalks, entrances into buildings and building interiors shall be cleared of clippings. Limbs and sticks shall be removed and placed in the wooded area and the grass where the limbs once laid is to be mowed. Do not mow over or around litter or limbs, remove it from the path of mowing and complete mowing operations. Grass clippings and debris shall not be left on sidewalks, entrances into buildings and building interiors overnight, even if the trimming operations are not completed. Trimming height shall match surrounding area grass heights.

a. Spraying to retard growth along fence lines and other difficult mowing areas is acceptable where approved by the COR, however, a Commercial Pesticide Applicator’s License will be required. If you need information about types and applicability of pesticide application licensing, contact the Missouri Department of Agriculture at (573)-751-5504 or visit "MOPlants.mda.mo.gov".

1.1.7 Contractor shall trim the tree canopy above the mowing footprint in all areas identified in the contract to be mowed to a height of 6’ once at the beginning of the season. Appropriate PPE for chainsaw and equipment operation shall be worn. Place limbs and brush within the nearest tree line so that they are not visible and do not protrude into the mowing footprint.

1.1.8 All mowing equipment shall be compatible with each other in mowing height and appearance of cut grass. The contractor shall reference the attached maps for specific area mowing instructions. Exact boundary limits of mowing and trimming shall be as directed by the COR.

Once the first round of mowing is completed an initial inspection shall be held between the COR and the Contractor to confirm boundaries as delineated on the maps have been met. The established boundaries during this inspection will the expected paths of mowing throughout the season. All park signs that are located along the edge of non-mowed areas shall have a minimum of one full 48” mowing pass around the sign. Mowers with a cutting width of over 96 inches will not be permitted for use in any park areas unless prior approval is obtained from the COR in which case 12’ would be the excepted maximum if it can be safely maneuvered and meet the finish requirement specifications.

1.1.9 The Contractor shall trim all, alive or dead, grass along or within parking lots, camp pads, playgrounds, swim beaches, hydrant and dumpster enclosures.

1.1.10 All acreages are estimated. The Contractor shall be responsible for determining exact acreage and conditions affecting performance of this work. Maps are attached for a more specific delineation of expected mowing footprint with specific details provided for each area.

1.1.10.1 Mowing and trimming operations around buildings, sidewalks, and roadways shall be performed so clippings are thrown outward onto the grassed area. Mowing of lagoons shall include mowing at least 12 feet beyond the perimeter of the fence where possible and trimming or mowing the fence line and to the water’s edge. Roadway mowing consists of total right-of-way mowing from road shoulder to 10’ or to the tree line if that comes first. Right and Left Bank Levee mowing is on the downstream side to the tree line.

AREAS, ACREAGES and QUANTITIES MOWING AND TRIMMING SERVICES

HARRY S. TRUMAN LAKE

Areas Estimated

Mixed Grass Acres

Estimated Miscellaneous

Acres

Lagoon Acres

Estimated Total Acres

CLIN 0001 Power Plant Areas

Lab Yard/Power House/Switch 2.2 11.0 0 13.2

CLIN 0002 Joint Areas

Access Road A/ West Access Rd 8.1 12.5 0 20.6

Access Road B/East Access Rd 4.63 0.1 0 4.73

Admin Area 4.5 4.7 0 9.2

Maintenance Compound 1.8 0 0.8 2.6

Right and Left Levees 4.3 0 0 4.3

CLIN 0003 Rec Areas

Berry Bend Public Use Area 26 0 4.4 30.4

Bledsoe Ferry East 13.7 0 0 13.7

Bledsoe Ferry West 13.6 0 0 13.6

Bucksaw 43.69 0 3.5 47.19

Cooper Creek .79 0 0 .79

Crowe’s Crossing .02 0 0 .02

Fairfield 2.9 0 0 2.9

Long Shoal 26.20 12.58 2.3 41.08

Osage Bluff 14.6 2.3 2.6 19.5

Sac River 1.3 0 0 1.3

Shawnee Bend 12.7 12.4 0 25.1

Sparrowfoot 26.36 0 3.2 29.56

Sterett Creek 0 0 0 0

Talley Bend 2.4 0 1.1 3.5

Thibaut Point 16 0 1.9 17.9

Windsor Crossing 1.61 0 0 1.61

CLIN 0004 Visitor Center Areas

Visitor’s Center 5.46 2.5 0 7.96

CLIN 0005 ENS Areas

High Pond 1.47 0 0 1.47

Hilty Pond .69 0 0 .69

Hoppe Pond .45 0 0 .45

Tatges Pond 1.45 0 0 1.45

AA Marsh 10 0 0 10

Avery Marsh 8.3 0 0 8.3

Deep Water Marsh 4 0 0 4

Muddy Creek Marsh 1.85 0 0 1.85

Beck Cave Levee 1.45 0 0 1.45

TOTAL 262.52 58.08 19.8 340.40

The term “required services” as applied to time allowed shall be deemed to include all trimming and debris removal services.

Acreages shown above are estimated. The Contractor shall be responsible for determining all acreages and conditions affecting the performance of the work.

1.2 ANNUAL COORDINATION MEETING. The Contractor shall meet with the COR during the first week of April to coordinate services.

2. HOLIDAY MOWING. The Contractor shall schedule work such that all areas included in this PWS are mowed prior to the Memorial Day, Fourth of July, and Labor Day holidays. Visitor’s Center regular mowing areas and areas identified as Miscellaneous shall be mowed within a week prior to the Heritage Days event each year. The dates for the event are as follows:

FY24: 19-20 October

3. SERVICE DELIVERY SUMMARY. The contractor service requirements are summarized below.

Item PWS Para Performance Standard Surveillance Method

Maintain Improved Grounds

1.1

Grass is maintained between height of 3-6” in all areas as stated throughout period of performance. Lagoons shall be maintained at a height between 4-8”. Grass is healthy and looks well maintained. All trimming and clipping removal is completed per PWS.

Miscellaneous areas shall be mowed to a height between 4-8”. All mowed areas shall be cut even and consistent. Tree limbs/canopy above the mowing footprint raised to 6’ above ground at start of season.

100% Inspection or Random Inspection

Annual Coordination Meeting

1.2

No more than one (1) error per year.

Complete prior to first mowing of the contract award

Quality Control Plan

5.1

Submitted and approved prior to first mowing of the contract award

Accident Prevention Plan

5.6.3

Submitted and approved prior to first mowing of the contract award

4. GOVERNMENT FURNISHED PROPERTY AND SERVICES. Blank Contractor Daily Reports (submitted bi-weekly with the invoice); Blank Exposure Hour forms (submitted monthly by the Contractor), and keys to gate areas under this contract.

5. GENERAL INFORMATION.

5.1. QUALITY CONTROL. The Contractor shall develop, submit for COR approval, and maintain a quality program to ensure mowing and trimming services are performed in accordance with established Best Commercial Practices and this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. At a minimum the Contractor shall develop quality control procedures addressing the areas identified in paragraph 3, Service Delivery Summary. As each area is serviced, the Contractor’s representative shall complete that portion of the Contractor’s Report indicating the time services were completed and number of employees working the serviced area. Completed worksheets shall be signed and delivered, as directed by the COR.

5.2. QUALITY ASSURANCE. The Government will periodically evaluate the Contractor’s performance in accordance with the attached Quality Assurance Surveillance Plan. An initial inspection will be held between the COR and the Contractor upon completion of the first cutting to ensure the appropriate boundaries as identified on the maps are met to establish the quality of work expected throughout the duration of contract period of performance.

5.3. GOVERNMENT REMEDIES. The Contracting Officer shall follow FAR 52.212.4, Contract Terms and

Conditions-Commercial Items, for Contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

5.4. HOURS OF SERVICE PERIODS. Mowing shall be conducted weekdays Monday through Friday 7am to 8pm unless approved in advance by the COR. Work will not be permitted on Saturdays, Sundays, or holidays unless this restriction is specifically waived in writing by the COR.

5.5. SECURITY REQUIREMENTS. The Contractor shall safeguard keys issued to perform the services required by this contract. All keys shall be returned to the government upon request and/or completion of the contract. Failure to return keys shall result in withholding of payment. The Contractor shall open and close gates within the contract boundary areas. The Contractor shall securely lock any gate that is opened by him/her, upon completion of the required work, or upon completion of the workday.

5.6. SPECIAL REQUIREMENTS.

5.6.1. SAFETY. Some of the areas to be mowed and trimmed receive heavy use. Campers and day-users will be present on weekdays. It will be necessary for the Contractor to perform the work in close proximity to camping vehicles and camping units, sewer lines, electrical cords, water hook-ups, fishing equipment, and/or camping equipment. All mowers shall be equipped and maintained with safety chains, discharge-deflection devices, and/or other approved safety devices to prevent accidental damage or injury from objects thrown by mowers. When operating equipment within 50 feet of campers, or their property, the ground speed of the equipment shall be reduced to a “safe and reasonable rate”. The final decision of what is “safe and reasonable” shall be that of the COR. Claims of damage from operation of the Contractor’s equipment shall be settled promptly. When damage occurs from the Contractor’s equipment, the Contractor shall contact the party sustaining the damage, and project personnel as soon as possible.

5.6.2. Contractor personnel shall present a neat appearance and be fully clothed at all times while performing services ordered under contract. “Fully Clothed” shall be 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 the safe performance of services.

5.6.3. Prior to beginning work on this contract the Contractor shall have an approved Accident Prevention Plan. This plan shall be in accordance with the most recent EM 385-1-1 dated 15 September 2014.

The plan is intended to be a viable document and enhance the safety of Project staff and visitors. The Contractor will be expected to take a vital interest in safety, and educate their employees to work and plan their work safely. Proper driving techniques and defensive driving shall be practiced to prevent vehicle accidents and property damage.

5.6.4. The Contractor shall prepare an Activity Hazard Analysis (AHA) for each work activity. The AHA will define the activities being performed and identify the sequences of work, the specific hazards anticipated and the control measures to be implemented to eliminate or reduce each hazard to an acceptable level of risk. All AHAs shall be submitted as part of the Accident Prevention Plan.

5.6.5. FLOOD CONTROL. Occasional retention of floodwater may inundate portions of the public use areas, or access roads thereto, being serviced by this contract. In the event that inundation affects the Contractor’s ability to accomplish all work in accordance with this PWS, the Contractor shall promptly notify the COR and send written notice to the Contracing Officer. The Contractor will be required to submit a pricing proposal covering the unserviceable or affected portion of work so that an equitable adjustment to the invoice/contract price can be negotiated. As the flood waters recede some areas that were inaccessible due to roads being inundated will become accessible.

Each invoice following the first invoice affected by the flood shall be reviewed and negotiated to account for any changes prior to submission for payment. Large driftwood and large debris resulting from a flood event that requires equipment to move will be removed by others.

5.6.6. The Government reserves the right to install/place additional trees, signs, facilities, equipment, etc.

necessary for the maintenance/upgrading of facilities. The Government may, at no additional charge, increase the number of items around which mowing and trimming is required.

5.7 ROAD CLOSURES: Various roads and/or the road across the dam may be closed from time to time during the life of this contract. The closure of the roads may continue for several months under certain flooding, construction, and/or maintenance circumstances. The Contractor shall be prepared to take an alternate route during these times, at no additional cost to the government.

5.8 INSURANCE. The Contractor shall submit their insurance prior to the start of work the minimum requirements are as stated below unless federal, state or local regulations have stricter requirements.

52.246-25 -- Limitation of Liability - Services.

As prescribed in 46.805, insert the following clause:

Limitation of Liability -- Services (Feb 1997)

(a) Except as provided in paragraphs (b) and (c) below, and except to the extent that the Contractor is expressly responsible under this contract for deficiencies in the services required to be performed under it (including any materials furnished in conjunction with those services), the Contractor shall not be liable for loss of or damage to property of the Government that

(1) Occurs after Government acceptance of services performed under this contract; and

(2) Results from any defects or deficiencies in the services performed or materials furnished.

(b) The limitation of liability under paragraph (a) above shall not apply when a defect or deficiency in, or the Government's acceptance of, services performed or materials furnished results from willful misconduct or lack of good faith on the part of any of the Contractor's managerial personnel. The term "Contractor's managerial personnel," as used in this clause, means the Contractor's directors, officers, and any of the Contractor's managers, superintendents, or equivalent representatives who have supervision or direction of --

(1) All or substantially all of the Contractor's business;

(2) All or substantially all of the Contractor's operations at any one plant, laboratory, or separate location at which the contract is being performed; or

(3) A separate and complete major industrial operation connected with the performance of this contract.

(c) If the Contractor carries insurance, or has established a reserve for self-insurance, covering liability for loss or damage suffered by the Government through the Contractor's performance of services or furnishing of materials under this contract, the Contractor shall be liable to the Government, to the extent of such insurance or reserve, for loss of or damage to property of the Government occurring after Government acceptance of, and resulting from any defects and deficiencies in, services performed or materials furnished under this contract.

(End of Clause)

28.307-2 -- Liability.

(a) Workers' compensation and employer's liability. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (See FAR 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability.

(1) The Contracting Officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The Contracting Officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary.

5.9 PAYMENT. A Proper Bi-Weekly Invoice shall be submitted electronically to Rachel.r.donatti@usace.army.mil and Matthew.Barkley@usace.army.mil along with a hard copy invoice submitted to the Project Office at the following location:

Harry S. Truman Project Office 15968 Truman Road Warsaw, MO 65355

All invoices shall at minimum include the following to be considered a proper invoice:

Name and Address of Contractor/Vendor EXACTLY as it appears in the SAM registry Phone number Contract Number (not the same as the solicitation number) Invoice number Invoiced amount Description of service

The Government has up to 30 days to release the payment to the Contractor after receipt of a proper invoice.

A revised supplemental bid schedule is included in the solicitation and shall be submitted with the quote. This schedule reflects the locations included in each CLIN item and will be part of the contract.

(End of Performance Work Statement)

ANTITERRORISM/OPERATIONS SERCURITY REQUIREMENT

The security requirements described below apply to all contract personnel (including employees of the prime

Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract.

The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

(End of Antiterrorism/Operations Security Requirement)

Section E - Inspection and Acceptance

POINTS OF CONTACT

Title Name Phone Email Contracting Officer Laura Hedrick 816-389-3023 Laura.L.Hedrick@usace.army.mil

Contract Specialist Grant Hibbs 816-389-3503 Grant.M.Hibbs@usace.army.mil

Contracting Officer’s Representative - COR

Rachel Donatti 816-389-3606 Rachel.R.Donatti@usace.army.mil

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 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-1 Contractor Inspection Requirements APR 1984

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 10-APR-2024 TO

31-OCT-2024

N/A USACE, KANSAS CITY +

RACHEL DONATTI

HARRY S TRUMAN PROJECT OFFICE

15968 TRUMAN R

WARSAW MO 65355

816-389-3606

966475

0002 POP 10-APR-2024 TO

31-OCT-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 10-APR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 10-APR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 10-APR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991

Section H - Special Contract Requirements

WAGE RATES

Harry S Truman Lake Project, Warsaw, Missouri:

Service Contract Act WD # 2015-5093 Benton County https://sam.gov/wage-determination/2015-5093/23

Section I - Contract Clauses

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

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 AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.215-23 Limitations on Pass-Through Charges JUN 2020 52.223-1 Biobased Product Certification MAY 2012 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 52.223-10 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 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2023

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.232-7003 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

JAN 2023

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.245-7003 Contractor Property Management System Administration APR 2012 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services: [Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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.)

XX (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).

XX (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

XX (9) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (11) [Reserved]

____ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (14) [Reserved]

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

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

____ (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

____ (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

____ (18)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (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 (SEP 2021) of 52.219-9.

____ (19) (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.

XX (20) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.

657f).

XX (23) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C.

632(a)(2)).

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

____ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (25) 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 (OCT 2022) (15 U.S.C. 637(m)).

____ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

XX (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XX (29) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

XX (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (31)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

XX (32)(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 (33)(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.

XX (34) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

XX (36)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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).

XX (37) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (38)(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.)

____ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

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

____ (41)(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.

____ (42)(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.

XX (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (44)(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 (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (47) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (48)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

____ (49) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (50)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (51) 52.225-5, Trade Agreements (DEC 2022) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (53) 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. Subtitle A, Part V, Subpart G Note).

____ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

____ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

XX (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

XX (61) 52.232-36, Payment by…