B.08.01 Solicitation for mowing contract-4 March.pdf

SEE ADDENDUM

(No Collect Calls)

W912DQ21Q1020 04-Mar-2021

b. TELEPHONE NUMBER

816-389-2041

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 22 Mar 2021

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

RICHARD A MATHENA

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 966231 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

USACE, KANSAS CITY +

JO A SCOTT

HILLSDALE LAKE PROJECT OFFICE 26000 W 255TH S

PAOLA KS 66071

TEL: 913-783-4366 FAX: 913-783-4425

816-389-2029 / 2030FAX:

TEL: 816-389-3812 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

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 OF66

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.

W912DQ21Q1020

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Mowing - Hillsdale Base Period

FFP

Perform Mowing sevice as defined in attached Performance Work Statement (PWS) See PWS for work period of performance

NET AMT

0001AA 4 Job Dam and Dike Embankments

FFP

Perform mowing services as defined in the attached PWS FOB: Destination

PSC CD: S208

0001AB 4 Job Roadsides

FFP

Perform mowing services as defined in attached Performance Work Statement

0001AC 2 Job Guardrail (backside of dam)

FFP

Perform mowing service as defined in attached Performance Work Statement

0001AD 2 Job Lagoon

FFP

Perform mowing service as defined in attached Performance Work Statement

OPTION Mowing - Hillsdale Option 1

FFP

Perform mowing service as defined in attached Performance Work Statement

0002AA 4 Job OPTION Dam and Dike Embankments

FFP

Perform mowing services as defined in attached Performance Work Statement

0002AB 4 Job OPTION Roadsides

FFP

Perform mowing services as defined in attached Performance Work Statement

0002AC 2 Job OPTION Guardrail (backside of dam)

FFP

Perform mowing services as defined in attached Performance Work Statement

0002AD 2 Job OPTION Lagoon

FFP

Perform mowing services as defined in attached Performance Work Statement

OPTION Mowing Hillsdale Option 2

Perform mowing services as defined in attached Performance Work Statement

0003AA 4 Job OPTION Dam and Dike Embankments

FFP

Perform mowing services as defined in attached Performance Work Statement

0003AB 4 Job OPTION Roadsides

FFP

Perform mowing services as defined in attached Performance Work Statement

0003AC 2 Job Guardrail (backside of dam)

FFP

Perform mowing services as defined in attached Performance Work Statement

0003AD 2 Job OPTION Lagoon

FFP

Perform mowing services as defined in attached Performance Work Statement

OPTION Mowing - Hillsdale Option 3

Perform mowing service as defined in attached Performance Work Statement

0004AA 4 Job OPTION Dam and Dike Embankments

FFP

Perform mowing services as defined in attached Performance Work Statement

0004AB 4 Job OPTION Roadsides

FFP

Perform mowing services as defined in attached Performance Work Statement

0004AC 2 Job OPTION Guardrail (backside of dam)

FFP

Perform mowing services as defined in attached Performance Work Statement

0004AD 2 Job OPTION Lagoon

FFP

Perform mowing services as defined in attached Performance Work Statement

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

FOR MOWING AND TRIMMING SERVICES AT

HILLSDALE LAKE

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 Hillsdale Lake, KS in a manner that will maintain healthy grass and present a clean, neat, and professional appearance. The Contractor shall commence work within 48-hrs after receipt of a verbal order from the Contracting Officer’s Representative (COR) and the work shall be completed within 4 days.

1.1. MAINTAIN IMPROVED GROUNDS.

1.1.1. All mowing shall be completed in an area prior to moving to another area. Mowing will not be permitted when the ground is so wet that the mowing operations cause rutting or otherwise disturb existing turf.

Tractors/mowers shall be operated in such a manner as to protect against the sod being torn by the wheels on turns.

In the event sod is damaged, the Contractor shall re-dress and seed the damaged areas with KY-31 fescue seed or similar blend of fescue seed at the rate of 100 pounds per acre or Contracting Officer Representative’s (COR) approved equal. Extreme care shall be exercised when mowing AND trimming around trees, bushes, shrubs, and all inanimate objects to insure equipment does not damage objects. Repair or replacement in size, kind and type resulting from damage by the Contractor’s equipment shall be borne by the Contractor. Repair or replacement shall occur within 30 calendar days of noticed damage.

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. Trimming is required around dam instrumentation, culverts, sign posts, and all inanimate objects within the mowing boundaries where mowers cannot reach or cut vegetation without contacting the object. Note: Generally, dam instrumentation, guardrail, sign posts, etc are sprayed around with herbicide by Project personnel creating a buffer between the sod and the object. Mowing and trimming operations around roadways shall be, when possible, performed so clippings are thrown outward onto the grassed area. Grass clippings and debris shall not be left on roadways. Trimming height shall match surrounding area grass heights.

All mowing equipment shall be compatible with each other in mowing height and appearance of cut grass.

Approximate mowing areas are indicated on the attached Map. Exact boundary limits of mowing and trimming shall be as directed by the COR. Mowers with a single deck cutting width of over 96 inches will not be permitted for use in any park areas. Equipment breakdown shall not relieve the Contractor of the responsibility of performing the work specified. The Contractor shall assure that he has, or can obtain on short notice, sufficient backup equipment to continue the services as specified without interruption in the event of mechanical failure of his primary equipment.

All acreages are estimated. The Contractor shall be responsible for determining exact acreage and conditions affecting performance of this work. All mow areas under this contract match existing delineated mowing areas.

Areas surrounding lagoons shall be mowed two mower passes, or approximately 15 ft on the outside of the lagoon fence and mowed completely between the lagoon fence and the entrance roadway. Areas within lagoon fences shall be mowed and trimmed completely. The elevation of lagoons may fluctuate. Inside slopes shall be trimmed to the water’s edge at any elevation. Roadway mowing consists of total right-of-way mowing from road shoulder to the tree line. In absence of a tree line, or other delineated feature, the distance shall be approximately 3 passes of a wing-deck mower (36-45 feet) on each side of the road.

1.1.2. DAM EMBANKMENT. The contractor shall mow the grass in these areas between 4 and 7 inches.

Trimming (or mowing with small mowers) around instrumentation and grouted gutters shall be performed before mowing with larger equipment to maximize visibility. Past experience has shown that this sequence is necessary for the prevention of damage to the instrumentation. The instrumentation, grouted gutters, and other features on the dam embankment are critical to the operation and safety of the dam and Contractor shall exercise extreme caution while performing mowing operations. The vegetative cover is vital for control of erosion and mowing operations shall not cause rutting, create wheel paths, or otherwise disturb existing turf. Contractor shall report any animal burrows, slides, wet areas or other unusual conditions observed while mowing to the COR.

AREAS, ACREAGES, QUANTITIES, TIME ALLOWED

MOWING AND TRIMMING SERVICES HILLSDALE LAKE

Areas Estimated

Acres

Minimum No. of

Mowings

Maximum No. of

Mowings

Time Allowed to Complete Mowings

Dam and Dike Embankments 155 2 4 4 days Roadsides 30 4 6 1 day Guardrail (backside of dam) 5 2 3 1 day Lagoon 3 2 2 1 day

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

Number of mowings listed in the Contract Line Item Numbers (CLINs) in Section B is an estimated number and is determined by seasonal conditions not to exceed the maximum number.

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

1.2 ANNUAL COORDINATION MEETING. The Contractor shall meet (in person or via telephone) with the COR annually prior to commencing services in April.

2. HOLIDAY MOWING. N/A

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

Item

PWS

Paragraph Performance Standard Surveillance Method

Maintain Improved Grounds

1.1

Grass is maintained within proper height for its area. Sod is healthy, looks well maintained, and is not damaged.

All trimming and clipping removal is completed per PWS.

100% inspection or random inspection

Annual Coordination Meeting

1.2 No error per year.

Complete prior to first mowing of the contract award and each option exercise period.

Quality Control Plan 5.1 No more than one (1) error per year.

Complete prior to first mowing of the contract award and each option exercise period. Perform QC procedures during/after each mowing.

Accident Prevention Plan

5.6.3 No error per year.

Complete prior to first mowing of the contract award and each option exercise period.

4. GOVERNMENT FURNISHED PROPERTY AND SERVICES. Contractor Worksheet Forms and keys to gated 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 Worksheet 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.

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 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. 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. If 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 2008. 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. The Government may request the Contractor submit a pricing proposal covering the unserviceable or affected portion of work in order that an equitable adjustment to contract price can be negotiated.

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.

5.6.7. 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.

(End of Performance Work Statement)

QASP

QUALITY ASSURANCE SURVEILLANCE PLAN

Contract Number: <insert contract number> Contract Description: Mowing services at Hillsdale Lake Contractor’s name: <insert Contractor’s name> (hereafter referred to as the Contractor).

1. PURPOSE.

This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:

What will be monitored?

How monitoring will take place.

Who will conduct the monitoring?

How monitoring efforts and results will be documented.

This QASP does not detail how the Contractor accomplishes the work. Rather, the QASP is created with the premise that the Contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance. In addition, the QASP should recognize that unforeseen and uncontrollable situations may occur.

This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the Contractor. Updates shall ensure that the QASP remains a valid, useful, and enforceable document. Copies of the original QASP and revisions shall be provided to the Contractor and Government officials implementing surveillance activities.

The following FAR clauses may apply depending on contract type:

52.212-4 – Contract Terms and Conditions – Commercial Items

2. GOVERNMENT ROLES AND RESPONSIBILITIES.

The following personnel shall oversee and coordinate surveillance activities.

a. Contracting Officer (KO) - The KO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The KO shall also assure that the Contractor receives impartial, fair, and equitable treatment under this contract. The KO is ultimately responsible for the final determination of the adequacy of the Contractor’s performance.

Assigned KO:

Organization or Agency: U.S. Army Corps of Engineers – Kansas City District Telephone: (816) 389-XXXX Email: XXX@usace.army.mil

b. Project Manager (PM) - The PM acts as an acquisition consultant and serves as liaison between the US Army Corps of Engineers, Kansas City District (CENWK) and the requesting program office, as well as liaison between the CENWK and the supporting contracting office.

Assigned PM: Rolf J. Harms Telephone: 785-843-7665 Email: rolf.j.harms@usace.army.mil

c. Contracting Officer’s Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the Contractor’s performance. The COR shall keep a quality assurance file. At the conclusion of the contract or when requested by the KO, the COR shall provide documentation to the KO. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. The Contractor shall refer any changes they deem may affect contract price, terms, or conditions to the KO for action.

Assigned COR: Samantha Jones Telephone: 816-389-3583 Email: Samantha.Jones@usace.army.mil

3. CONTRACTOR REPRESENTATIVES:

The following employees of the Contractor serve as the Contractor’s Program Manager and Task Manager for this contract. <Communication should occur with them during QASP development. It will help if they review the draft QASP and accept the final version.>

a. Program Manager – Samantha Jones Telephone: 785-843-3583 Email: Samantha.jones@usace.army.mil

b. Task Manager – James D. Bell Telephone: 816-389-3570 Email: James.D.Bell@usace.army.mil

4. PERFORMANCE STANDARDS.

Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets or does not meet these standards.

The Performance Requirements Summary Matrix, paragraph 3 in the Performance Work Statement includes performance standards. The Government shall use these standards to determine Contractor performance and shall compare Contractor performance to the Acceptable Quality Level (AQL).

Item

PWS

Paragraph Performance Standard Surveillance Method

Maintain Improved Grounds

1.1

Grass is maintained within proper height for its area. Sod is healthy, looks well maintained, and is not damaged.

All trimming and clipping removal is completed per PWS.

100% inspection or random inspection

Annual Coordination Meeting

1.2 No error per year.

Complete prior to first mowing of the contract award and each option exercise period.

Quality Control Plan 5.1 No more than one (1) error per year.

Complete prior to first mowing of the contract award and each option exercise period. Perform QC procedures during/after each mowing.

Accident Prevention Plan

5.6.3 No error per year.

Complete prior to first mowing of the contract award and each option exercise period.

5. METHODS OF QA SURVEILLANCE.

Various methods exist to monitor performance. The COR shall use the surveillance methods listed below in the administration of this QASP.

Regardless of the surveillance method, the COR shall always contact the Contractor's task manager or on-site representative when a defect is identified and inform the manager of the specifics of the problem. The COR, with assistance from the PM, shall be responsible for monitoring the Contractor’s performance in meeting a specific performance standard/AQL.

a. VALIDATED USER/CUSTOMER COMPLAINTS. (Relies on the user of the service to identify deficiencies.

Complaints are then investigated and validated. Highly applicable to services provided in quantity and where quality is highly subjective.)

PWS 1.1

b. 100% INSPECTION. (Evaluates all outputs. Most applicable to small quantity, but highly important services.

May be used where there are written deliverables and stringent requirements such as tasks required by law, safety, or security.)

PWS 1.1, 1.2 and 4.1.

c. RANDOM SAMPLING. (Designed to evaluate the outputs of the award requirement by randomly selecting and inspecting a statistically significant sample. Highly recommended for large quantity repetitive activities with objective and measurable quality attributes.)

PWS 1.1.

Surveillance results may be used as the basis for actions (to include payment deductions) against the Contractor. In such cases, the Inspection of Services clause in the Contract becomes the basis for the KO’s actions.

6. RATINGS.

Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:

Exceptional:

Performance significantly exceeds contract requirements to the Government’s benefit.

Satisfactory: Performance meets contractual requirements.

Unsatisfactory: Performance does not meet contractual requirements

7. DOCUMENTING PERFORMANCE.

a. ACCEPTABLE PERFORMANCE (EXCEPTIONAL/SATISFACTORY).

The Government shall document positive performance. A report template is attached. Any report may become a part of the supporting documentation for fixed fee payments, award fee payments, or other actions.

b. UNACCEPTABLE PERFORMANCE (UNSATISFACTORY).

When unacceptable performance occurs, the COR shall inform the Contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file.

When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR), and present it to the Contractor's task manager or on-site representative. A CDR template is attached to this QASP.

The Contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the Contractor has to present this corrective action plan to the COR. The Government shall review the Contractor's corrective action plan to determine acceptability.

Any CDRs may become a part of the supporting documentation for contract payment deductions, fixed fee deductions, award fee nonpayment, or other actions deemed necessary by the KO.

8. FREQUENCY OF MEASUREMENT.

a. Frequency of Measurement.

During contract/order performance, the COR shall take periodic measurements, as specified in the Performance Standards Summary Matrix, and shall analyze whether the negotiated frequency of measurement is appropriate for the work being performed.

b. Frequency of Performance Assessment Meetings.

The COR shall meet with the Contractor to assess performance and shall provide a written assessment.

Prepared by:

Samantha Jones Acting Contracting Officer’s Representative

Performance Report

1. CONTRACT NUMBER: <insert contract number>

2. Prepared by: Samantha N. Jones

3. Date and time of observation:

4. Observation: <Examples of items to include in a report are:

-Method of surveillance.

- How frequently you conducted surveillance.

-Surveillance results.

- Number of observations.>

Signature – Contracting Officer’s Representative Date

Contract Discrepancy Report (CDR)

1. Contract Number: <insert contract number>

2. TO: James D. Bell

3. FROM: (Name of COR)

4. Date and time observed discrepancy:

5. DISCREPANCY OR PROBLEM: <Describe in detail. Identify any attachments.>

6. Corrective action plan:

A written corrective action plan < is / is not > required.

< If a written corrective action plan is required include the following. > The written Corrective Action Plan will be provided to the undersigned not later than < # days after receipt of this CDR. >

Signature – Contracting Officer’s Representative Date

Signature - Contractor Task Manager or on-site representative Date

Appendix 1 – Accident Prevention Plan Requirements Safety and Health Requirements Manual - USACE EM 385-1-1

ABBREVIATED APP for LIMITED-SCOPE SERVICE, SUPPLY AND R&D CONTRACTS. If service, supply and R&D contracts with limited scopes are awarded, the contractor may submit an abbreviated Accident Prevention Plan. This APP shall address the following areas at a minimum. If other areas of the EM 385-1-1 are pertinent to the contract, the contractor must assure these areas are addressed as well.

a. Title, signature, and phone number of the plan preparer.

b. Background Information to include: Contractor; Contract number; Project name; Brief project description, description of work to be performed, and location (map); The project description shall provide a means to evaluate the work being done (see AHA requirements in 01.A.13) and associated hazards involved. Contractor’s APP shall address the identified hazards involved and the control measures to be taken.

c. Statement of Safety and Health Policy detailing their commitment to providing a safe and healthful workplace for all employees.

d. Responsibilities and Lines of Authorities – to include a statement of the employer’s ultimate responsibility for the implementation of his SOH program; Identification and accountability of personnel responsible for safety at all levels to include designated site safety and health officer (SSHO) and associated qualifications. The District SOHO will review the qualifications for acceptance.

e. Training - new hire SOH orientation training at the time of initial hire of each new employee and any periodic retraining/recertification requirements.

f. Procedures for job site inspections - assignment of responsibilities and frequency.

g. Procedures for reporting man-hours worked and reporting and investigating any accidents as soon as possible but not more than 24 hours afterwards to the Contracting Officer/Representative (CO/COR). An accident that results in a fatal injury, permanent partial or permanent total disability shall be immediately reported to the Contracting Officer.

h. Emergency Planning. Employees working alone shall be provided an effective means of emergency communication. This may be cellular phone, two-way radio or other acceptable means. The selected means of communication must be readily available and must be in working condition.

i. Drinking Water provisions, toilet and washing facilities.

j. First Aid and CPR training (at least two employees on each shift shall be qualified/certified to administer first aid and CPR) and provision of first aid kit (types/size).

k. Personal Protective Equipment.

(1) WORK CLOTHING - Minimum Requirements. Employees shall wear clothing suitable for the weather however minimum requirements for work shall be short-sleeve shirt, long pants (excessively long or baggy pants are prohibited) and leather work shoes. If analysis determines that safety-toed (or other protective) footwear is necessary (i.e., mowing, weedeating, chain saw use, etc), they shall be worn.

(2) Eye and Face Protection. Eye and face protection shall be worn as determined by an analysis of the operations being performed HOWEVER, all involved in chain saw use, chipping, stump grinding, pruning operations, grass mowing, weedeating and blowing operations shall be provided safety eyewear (Z87.1) as a minimum.

(3) Hearing Protection. Hearing protection must be worn by all those exposed to high noise activities (to include grass mowing and trimming, chainsaw operations, tree chipping, stump grinding and pruning).

(4) Head Protection. Hard hats shall comply with ANSI Z89.1 and shall be worn by all workers when a head hazard exists. At a minimum, hard hats shall be worn when performing activities identified in (2) above.

(5) High Visibility Apparel shall comply with ANSI/ISEA 107, Class 2 requirements at a minimum and shall be worn by all workers exposed to vehicular or equipment traffic.

(6) Protective Leg chaps shall be worn by all chainsaw operators.

(7) Gloves of the proper type shall be worn by persons involved in activities that expose the hands to cuts, abrasions, punctures, burns and chemical irritants.

(8) If work is being performed around water and drowning is a hazard, PFDs must be provided and worn as appropriate.

l. Machine Guards and safety devices. Lawn maintenance equipment must have appropriate guards and safety devices in place and operational.

m. Hazardous Substances. When any hazardous substances are procured, used, stored or disposed, a hazard communication program must be in effect and MSDSs shall be available at the worksite. Employees shall have received training in hazardous substances being used. When the eyes or body of any person may be exposed to corrosives, irritants or toxic chemicals, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within 10 seconds of the worksite.

n. Traffic control shall be accomplished in accordance with DOT’s MUTCD.

o. Control of Hazardous Energy (Lockout/Tagout). Before an employee performs any servicing or maintenance on any equipment where the unexpected energizing or startup of the equipment could occur, procedures must be in place to ensure adequate control of this energy.

p. Driving, working on (i.e., working with equipment/mowers) while on slopes, working from/in boats/skiffs, etc shall also be considered and dealt with accordingly.

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 N/A N/A N/A N/A 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0001AC Destination Government Destination Government 0001AD Destination Government Destination Government 0002 N/A N/A N/A N/A 0002AA Destination Government Destination Government 0002AB Destination Government Destination Government 0002AC Destination Government Destination Government 0002AD Destination Government Destination Government 0003 N/A N/A N/A N/A 0003AA Destination Government Destination Government 0003AB Destination Government Destination Government 0003AC Destination Government Destination Government 0003AD Destination Government Destination Government 0004 N/A N/A N/A N/A 0004AA Destination Government Destination Government 0004AB Destination Government Destination Government 0004AC Destination Government Destination Government 0004AD Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0001AA POP 01-APR-2021 TO

31-MAR-2022

N/A USACE, KANSAS CITY +

JO A SCOTT

HILLSDALE LAKE PROJECT OFFICE

26000 W 255TH S

PAOLA KS 66071

913-783-4366

966231

0001AB POP 01-APR-2021 TO

31-MAR-2022

N/A (SAME AS PREVIOUS LOCATION)

0001AC POP 01-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AD POP 01-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

0002 N/A N/A N/A N/A

0002AA POP 01-APR-2022 TO

31-MAR-2023

N/A USACE, KANSAS CITY +

JO A SCOTT

HILLSDALE LAKE PROJECT OFFICE

26000 W 255TH S

PAOLA KS 66071

913-783-4366

0002AB POP 01-APR-2022 TO

31-MAR-2023

N/A (SAME AS PREVIOUS LOCATION)

0002AC POP 01-APR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0002AD POP 01-APR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 N/A N/A N/A N/A

0003AA POP 01-APR-2023 TO

31-MAR-2024

N/A USACE, KANSAS CITY +

JO A SCOTT

HILLSDALE LAKE PROJECT OFFICE

26000 W 255TH S

PAOLA KS 66071

913-783-4366

0003AB POP 01-APR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0003AC POP 01-APR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0003AD POP 01-APR-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 N/A N/A N/A N/A

0004AA POP 01-APR-2024 TO

31-MAR-2025

N/A USACE, KANSAS CITY +

JO A SCOTT

HILLSDALE LAKE PROJECT OFFICE

26000 W 255TH S

PAOLA KS 66071

913-783-4366

0004AB POP 01-APR-2024 TO

31-MAR-2025

N/A (SAME AS PREVIOUS LOCATION)

0004AC POP 01-APR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0004AD POP 01-APR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

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

SEP 2013

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

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

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2020)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

___ (5) [Reserved]

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

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

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

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

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

____ (10) [Reserved]

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

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

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

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

____ (13) [Reserved]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

13496).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

13513).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5150).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

_____ (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).

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

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

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

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

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

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

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

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

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until…