B.01.01 Solicitation - W912DQ23Q1038.pdf

SEE ADDENDUM

(No Collect Calls)

W912DQ23Q1038 02-Aug-2023

b. TELEPHONE NUMBER

816-3893566

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 22 Aug 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DQ9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SETH BALSTERS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, KANSAS CITY +

FEDERAL BLDG, CT-C +

601 E 12TH ST RM 647

KANSAS CITY MO 64106-2896

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 966475 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

USACE, KANSAS CITY +

RACHEL DONATTI

HARRY S TRUMAN PROJECT OFFICE 15968 TRUMAN R

WARSAW MO 65355

TEL: 816-389-3606 FAX: 660-438-7815

816-389-2029/2030FAX:

TEL: 816-389-3812 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$9,500,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF38

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section A - Solicitation/Contract Form

SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart

12.603 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, quotes are being requested and a written solicitation will not be issued.

The solicitation number for this acquisition is W912DQ23Q1038 and it is being issued as a Request for Quote

(RFQ).

Offers are due on the Date and Time specified in BOX 8. Offers shall be submitted in PDF via e-mail to seth.b.balsters@usace.army.mil. All offers must be good for at least 60 days from offer due date.

If you have any questions, please contact Mr. Seth Balsters, seth.b.balsters@usace.army.mil, 816-389-3566.

The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-4.

This synopsis/solicitation will be awarded with Total Small Business Set-Aside and the associated North American Industry Classification system (NAICS) code is 561730 “Landscaping Services”

Business size standard is: $9,500,000.00.

Product/Service Code: S208 for “Housekeeping- Landscaping/Groundskeeping”

Description of Services Required: The U.S. Army Corps of Engineers Kansas City District has a need for Vegetation Management and Herbicide Application Services to support Harry S Truman Lake Project in the Operations Division of the Kansas City District. The contractors 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 Project, Warsaw MO.

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.

Attachments are located in Section J 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.

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 APEX Accelerator (formerly 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 Vegetation Removal and Herbicide

FFP

The Government's payment for Vegetation Removal and Herbicide Application Services shall constitute full compensation to the Contractor for furnishing all labor, equipment, and materials; and performing all operations required to complete the work in conformity with Performance Work Statement (PWS) located in Section C.

FOB: Destination

PSC CD: S208

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

U.S. ARMY CORPS OF ENGINEERS

HARRY S. TRUMAN DAM AND RESERVOIR

WETLAND RESTORATION

Performance Work Statement

26 July 2023

1. GENERAL INFORMATION.

1.1. Background. Truman Reservoir is the largest flood control reservoir in Missouri, with a storage capacity of more than 5 million acre-feet (an acre-foot = 325,000 gal.). Recreational development is extensive.

Twenty parks and access areas, managed by or leased from the U.S. Army Corps of Engineers, are conveniently located around the reservoir. Park areas at Truman Reservoir offer a wide variety of recreation facilities including boat launching ramps, campgrounds, full-service marinas, picnic areas, sand swimming beaches, and a regional visitor center. Many routine maintenance items are contracted to the private sector. Mowing, refuse collection, and facility cleanup are just a few of the activities that are performed by private contractors for the Corps.

1.2. Description of Services: This is a service contract to provide the labor, materials, supplies, equipment, and mobilization needed for wetland restoration of Deepwater Marsh within Harry S. Truman Dam and Reservoir project. It is recommended that prospective bidders visit the sites in this solicitation to ensure a thorough understanding of the contract requirements.

1.3. Period of Performance: Period of Performance for the contract will be 1 November 2023 thru 31 Mar 2024.

1.3.1. Period of Service: Work shall be completed, to included submission of all closeout documents, within 45 calendar days from the work start date.

1.3.2. Base: Vegetation Removal (Wetlands), Herbicide Treat Vegetation/Trees (Wetland Areas).

November 1 thru March 31

1.4. Work within Timeframes. All work shall be accomplished within the timeframes specified. Services rendered outside the time periods specified will not be compensated unless specifically approved, in writing, by the Contracting Officer or his/her authorized representative.

1.5. Hours of Operation. The contractor shall not begin performance before sunrise and shall complete performance no later than sunset of any scheduled workday. Working hours shall be coordinated with the Contracting Officer Representative (COR). Work will not be allowed on weekends unless approved in advance by the COR.

1.6. Recognized Holidays: New Year’s Day, Labor Day, Martin Luther King Jr.’s Birthday, Columbus Day, President’s Day, Veteran’s Day, Memorial Day, Thanksgiving Day, Juneteenth, Christmas Day, and Independence Day.

1.7. Post-Award Conference and Coordination Meetings. Will be held following receipt of the Prework submittals and will be attended by the Government and the designated Contractor representatives. This meeting will include review of the contract requirements Prework Submittals. Day to day contact with Government personnel, and telephone communication shall normally provide adequate information exchange. The Government reserves the right to schedule meetings at the Project Office as necessary to ensure strict compliance with the terms of this contract. Such meetings shall be scheduled, to the extent possible, at mutually convenient times.

However, upon notice, the Contractor shall attend meetings regarding matters affecting this contract.

1.8. Documents and Correspondence. After award, all documents and related correspondence shall be routed through the Contracting Officer's Representative (COR) at the Project Office.

1.9. Compliance. It shall be the responsibility of the Contractor to comply with all Federal, State, and local laws and regulations governing health, safety, training, operational, and licensing requirements as may be applicable and required for application of commercial pesticides (including OSHA Hazard Communication Standard 29CFR 1910.1200).

1.10. License. The Contractor’s employee(s) applying chemicals under this contract shall possess a Commercial Applicator’s License acceptable to the State of Missouri; or in lieu thereof (unless otherwise prohibited), applicator may be unlicensed, if he or she is closely supervised by an on-site supervisor who is licensed according to the above requirements.

1.11. Required Prework Submittals. The Contractor shall submit the following documents to the COR prior to the start of work:

1.11.1. Certificate of Insurance: The Contractor shall procure and maintain during the entire period of performance under this contract the minimum amounts of insurance as specified in Section H of this contract. Proof of Insurance shall be submitted prior to the start of work.

1.11.2. Quality Control Plan: The Contractor shall develop and submit their Quality Control Plan (QCP) for COR approval at the time of the Post Award Conference, prior to the start of work. The Contractor shall maintain a quality program to ensure services are performed in accordance with established Best Commercial Practices and the PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure nonrecurrence of defective services. As part of the Quality Control Program the Contractor, or his/her authorized representative at the job, shall enter the location, date, weather conditions, amount and type of work completed, chemicals used, and any other pertinent information, onto a daily work sheet. Completed and signed worksheets shall be delivered weekly, or as otherwise directed by the COR, to the COR. Contractor Daily Worksheet forms will be furnished by the Government. The information identified in the following subparagraphs shall be included in the QCP. A sample template will be provided at the Annual Coordination Meeting for use if so chosen.

1.11.2.1. The Contractor shall designate, in writing, a responsible on-site representative (Quality Control Manager) who shall serve as a contact for matters involving quality, performance or non-performance of the required work/ The representative shall have the authority to correct nonperformance.

1.11.2.2. Telephone number for use during normal business hours (8:00 a.m. – 4:00 p.m., CST). A contact number shall also be provided for after-hours emergency services. For the purpose of time and date, a message will be deemed delivered to the Contractor at such time as it is delivered to the number provided by the Contractor.

1.11.2.3. The Quality Control Plan shall contain a list of chemicals and supplies to be used in performing the contract duties. The Plan shall identify the contractor furnished equipment and state how the work will be accomplished, i.e. chainsaw, pressure water pump, etc.

1.11.3. Activity Hazard Analysis: 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. An AHA template will be provided for use.

1.11.4. Abbreviated Accident Prevention Plan: This plan shall be in accordance with the most recent EM 385-1-1. The plan is intended to be a viable document and enhance the safety of Project staff and visitors. It shall be project specific and define the Contractor’s safety program. The Contractor will be expected to take a vital interest in safety and educate their employees to work and plan their work safely.

1.11.5. Commercial Applicator’s License: Certification/license acceptable to the state of Missouri.

1.11.6. Equipment, Materials, Supplies, Chemicals. The Contractor shall submit a list of all equipment, materials, supplies and chemicals for approval prior to the start of work.

Submission shall include chemical labels, product data and Safety Data Sheets for the proposed chemicals

1.12. Deficiencies and Equipment Breakdown. Failure to correct noted deficiencies may result in withholding payment for the work not performed. Equipment breakdown or failure to provide adequate labor 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/she has, or can obtain on short notice, sufficient backup equipment or laborers to continue the services, as specified, without interruption in the event of mechanical failure of his/her primary equipment or loss of primary laborers.

1.13. Quality Assurance Surveillance. The government will monitor the Contractor’s performance under this contract using quality assurance procedures developed by the Government in a Quality Assurance Plan. Typical procedures might include periodic sampling, checklists and customer complaints. This should not be considered an exhaustive list. A primary objective of Government Quality Assurance will be to determine the effectiveness of the Contractor’s quality control system.

1.14. Inspection. 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

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

1.16. Missed Areas. In the event that an area or work within an area is missed, the Contractor shall return and re-service the area or affected work immediately upon receipt of such notice by the Contracting Officer, or his/her authorized representative. Failure to correct noted deficiencies will result in withholding of payment for the work not performed. During the progress of this contract, if it becomes apparent that the Contractor is unable to perform the work in accordance with the contract specifications, he/she shall acquire additional supplies, equipment, and personnel, as may be required by the Contracting Officer, to ensure that the work is accomplished as specified in the contract.

1.17. Clothing. All Contractor personnel shall be fully clothed at all times while performing these services. Clothing shall be clean and neat in appearance. "Fully clothed" shall be deemed to mean that a shirt (or T-shirt), trousers, and shoes or boots shall be worn at all times, except that this requirement shall not be construed to replace or eliminate the necessity for wearing appropriate personal protective equipment, devices, or clothing, as may be required for the application of chemicals.

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

1.19. Safety Requirements. The Contractor shall meet or exceed all EM-385-1-1 and OSHA requirements. U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 385-1-1 (2014). The EM 385-1-1 and its changes are available at http://www.hq.usace.army.mil (at the HQ homepage, select Safety and Occupational Health).

Select the appropriate manual. The Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation.

2014 Version:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf

1.20. Other Contractors. The Government may undertake or award other contracts for additional work, and the Contractor shall fully cooperate with such other contractors and Government employees. All work must be carefully planned and fitted not to interfere with such other work.

The Contractor shall not commit or permit any act that will interfere with the performance of work by other contractors or by Government employees.

1.21. General Security. 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

2. MATERIALS, EQUIPMENT, SUPPLIES

2.1. Government Furnished Supplies. There will be no Government Furnished materials, equipment or supplies except for the following consumable items: Daily Worksheets. The Government will retain control of expendables, to be dispensed on an as-needed basis for use in the performance of this contract.

2.2. Contractor Furnished Equipment, Material & Supplies. The Contractor shall furnish all equipment and supplies required to perform the work as stated in this PWS. This includes all transportation; power equipment with fuel; liquid herbicide with marker dye; herbicide sprayer;

axes, any necessary hand tools; and all other supplies and equipment necessary to accomplish the services as specified.

2.2.1. Vehicle Flasher Lights. Contractor vehicles shall be equipped with 4-way flashers and turn signals in operating condition. Flashers shall be activated when vehicles are parked on or traveling slowly along roadways.

2.2.2. COR Approval. All contractor furnished materials, equipment and supplies must be submitted for approval by the Contracting Officer’s Representative prior to initial use.

3. SPECIFIC TASKS

3.1. Vegetation Removal: Remove all trees and vegetation from the Deepwater wetland where indicated on the supplied map. Total Work Zone area is approximately11.11 acres. Services defined in this PWS are to be completed within these zones. Trees can either be cut at ground level and piled into designated debris piles in higher elevations near the work site to be burned at a later time by the government or mulched to ground level. Vegetation or tree must either be mulched in its entirety and evenly spread or cut and piled. If piled remove all ground vegetation within 20’ around each debris pile. Mechanical equipment may be used if ground conditions allow without rutting. Equipment with minimal ground disturbance is preferred. All stumps 2” or larger shall be herbicide treated as noted in Section 3.3. See Section 3.5 for the location of wetland area.

3.2. Herbicide Treat Vegetation/Trees-Work will be performed within the Work Zones indicated on the provided map.

3.2.1.The Contractor will select the appropriate chemical to be used based on site location, proximity to the public, environmental considerations, target species, and best commercial practices. Information in the form of labels and brochures on the chemicals to be used will be submitted to the COR for approval prior to application. The herbicide selected should have no impact to fish species in the event of rain run-off from the wetland into the lake.

3.2.2. Biodegradable dye will be used as a marker to ensure even application.

3.2.3. Apply herbicide to all vegetation 2” in diameter and larger immediately after cutting.

Apply herbicide to all vegetation/trees, to include willows, button bush, oak hardwoods and any other invasive vegetation/trees meeting the 2” minimum removal.

3.2.3.1. Wetland application area includes everything meeting the 2” in diameter and larger as identified on the map.

3.2.4. The Contractor shall apply herbicide to the target vegetation for all serviced areas during the contract service period.

3.2.4.1. Work will not be done on days when the wind exceeds 15 mph or when wet weather could affect the application. It will be the Contractor’s responsibility to check with the project office regarding weather conditions prior to application. The COR reserves the right to halt spraying operations should weather conditions warrant such action.

3.3. POC/Alternate POCs:

3.3.1. POC: Logan Finney – Natural Resource Specialist

Office Phone: 816-389-3304, Mobile Phone: 660-292-2539 Email: logan.m.finney@usace.army.mil

3.3.2. Alternate POC: Tyler Clements – Natural Resource Specialist Office Phone: 816-389-2457, Mobile Phone: 660-292-1378 Email: Tyler.W.Clements@usace.army.mil

3.4. Hours of Operation: The contractor is responsible for conducting business, between the hours of 0700 and 1700 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

3.5. Place of Performance: The work to be performed under this contract will be performed at Deepwater Marsh as shown on the provided map. Deepwater Marsh is located 3.72 miles South of Clinton on the East side of 13 highway.

3.6. Insurance: The Contractor shall submit Proof of Insurance in accordance with the requirements as stated in Section H within 10 calendar days after award, prior to the start of work.

3.7. Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contractor vehicle shall have company name on the side.

4. ANTITERRORISM/OPERATION SECURITY REQUIREMENTS.

4.1. 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."

4.2. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

4.3. 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.

4.4. 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

Per the E-Verify Website the following exemptions apply:

Employers whose contracts are exempt from the E-Verify federal contractor rule are not required to enroll in E-Verify. A contract is considered exempt if any one of the following applies: (1) It is for fewer than 120 days. (2) It is valued at less than Simplified Acquisition Threshold ($250,000), the simplified acquisition threshold. (3) All work is performed outside the United States. (4) It includes only commercially available off-the-shelf (COTS) items and related services. (Source: https://www.e-verify.gov/employers/federal-contractors/exemptions-and-exceptions).

5. TECHNICAL EXHIBITS

5.1. Technical Exhibit 1 – Performance Requirements Summary

Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Item PWS Para Performance Standard Method of Surveillance

Marsh Area Vegetation Removal – 11.11 acres

3.1 Remove all trees and brush two inches

in diameter and larger from the areas identified on the provided map.

100% Inspection or Random Inspection

Remove all ground vegetation around each debris pile for burning in the future or mulch and spread evenly

3.1 Remove all ground vegetation

within 20’ around each debris pile for burning in the future.

100% Inspection or Random Inspection

Apply herbicide 3.2 Apply herbicide to all vegetation 2” in diameter and larger immediately after cutting

100% Inspection or Random Inspection

Prework submittals 1.11 Turned in to COR by deadlines listed in Technical Exhibit 5.2.

Submitted and approved prior to starting work

W912DQ23Q1038

5.2 TECHNICAL EXHIBIT 2 DELIVERABLES SCHEDULE

(This technical exhibit lists any reports or documentation that is required as a deliverable to include the frequency, # of copies, medium/format and who/where it is to be submitted.

A deliverable is anything that can be physically delivered but may include non-physical things such as meeting minutes. Note: All PWS deliverables should be included in this exhibit.)

Deliverable

Frequency # of

Copi es

Medium/Format

Submit To

Copy of Insurance Prior to start of work

1 Hard Copy or Email Logan.m.finney@usace.army.mil Tyler.W.Clements@usace.army.mil

Logan Finney or Tyler Clements 15968 Truman Rd.

Warsaw, MO 65355

Quality control Plan

Prior to start of work

1 Hard Copy or Email Logan.m.finney@usace.army.mil Tyler.W.Clements@usace.army.mil

Logan Finney or Tyler Clements 15968 Truman Rd.

Warsaw, MO 65355

Equipment, Materials, Supplies, Chemicals

Prior to start of

1 Hard Copy or Email Logan.m.finney@usace.army.mil Tyler.W.Clements@usace.army.mil

Logan Finney or Tyler Clements 15968 Truman Rd.

Warsaw, MO 65355

Abbreviated Prior to start of work

1 Hard Copy or Email Logan Finney or Tyler Clements 15968 Truman Rd. Warsaw, MO 65355

Accident Logan.m.finney@usace.army.mil Prevention Plan Tyler.W.Clements@usace.army.mil

Activity Hazard Prior to start of

1 Hard Copy or Email Logan Finney or Tyler Clements 15968 Truman Rd.

Warsaw, MO 65355

Analysis Logan.m.finney@usace.army.mil Tyler.W.Clements@usace.army.mil

MAPS

MAP –

Attachement will be posted with Solicitation W912DQ23Q1038 on the SAM.gov website, it is a single page picture, and the file is named “Deepwater Map Work Zone Map.pdf”

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-NOV-2023 TO

31-MAR-2024

N/A USACE, KANSAS CITY +

RACHEL DONATTI

HARRY S TRUMAN PROJECT OFFICE

15968 TRUMAN R

WARSAW MO 65355

816-389-3606 FOB: Destination

966475

52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

252.232-7006 Wide Area WorkFlow Payment Instructions JAN 2023

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/2015-5093/22

Section I - Contract Clauses

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

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

DEC 2022

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-4 Recovered Material Certification MAY 2008 52.223-10 Waste Reduction Program MAY 2011 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 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 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

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

JAN 2023

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

JAN 2023

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

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 Third Party (MAY 2014) (31 U.S.C. 3332).

____ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

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

____ (iii) Alternate II (NOV 2021) 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 products and commercial services: [Contracting Officer check as appropriate.]

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

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

chapter 67).

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

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

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

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

XX (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

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

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. 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 (NOV 2021) (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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video…