B.08.02 Combined Synopsis Solicitation.pdf

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

***Please read these instructions carefully.***

Solicitation number W9127S23Q0029 is issued as a request for quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-03.

Set Aside, NAICS Code & Size Standard: This solicitation is a small business set-aside. The NAICS Code 561720 and the applicable size standard of $47 million.

All offerors are required to have an active registration in SAM.gov.

Description of requirements for the items to be acquired: The contractor shall provide General Maintenance Services for Beaver Project Office.

A pre-bid meeting will be held at the Beaver Project Office at 9 a.m. on June 7, 2023.

Date(s) and place(s) of delivery and acceptance and FOB point:

Beaver Project Office 2260 N 2nd St Rogers, AR 72756

The provision at 52.212-1 (Deviation), Instructions to Offerors -- Commercial, applies to this acquisition. Offerors are also required to submit a completed copy of the Request for Quotation cover page and a completed copy of the quote schedule.

Offerors are required to include a completed copy of the provision at 52.212-3 Alt I, Offeror Representations and Certifications -- Commercial Items, with its quote.

The provision at 52.212-2 Evaluation-Commercial Items, is not applicable to this solicitation.

Award will be made solely on price.

Quotes are due June 30, 2023, at 10:00 a.m. CST. Email submission of quotations are preferred in.pdf form, however, Fax or Mail submissions are allowed.

Required Documents to Submit:

1. Request for Quotation cover page (signed)

2. Completed (filled in) Provisions, as applicable

3. Quote Schedule with unit prices and total prices.

4. Signed Amendments, if applicable

When submitting your quote, be please make sure the solicitation number, W9127S23Q0029, is written in the subject line or on the outside of the envelope.

Email:

brandee.m.wright@usace.army.mil

If sending by mail, please submit your quotes to the following address:

US Army Corps of Engineers, Little Rock District Contracting Division, Attention: Brandee Wright 700 West Capitol Ave. Room 7315 Little Rock, AR 72201

If you have any questions regarding this solicitation, please contact:

Brandee Wright 501-340-1466 Brandee.m.wright@usace.army.mil mailto:brandee.m.wright@usace.army.mil mailto:Brandee.m.wright@usace.army.mil

REQUEST FOR QUOTATION COVER PAGE 3

US Army Corps of Engineers, Little Rock District Contracting Division

700 West Capitol Avenue Room 7315 Little Rock, AR 72203

W9127S23Q0029 General IDIQ Maintenance Service

Beaver Project Office

Submitted by

Offeror Name:

Offeror Address:

Street

City/State

Offeror Email Address:

Cage Code:

DUNS Number:

TIN:

Telephone Number:

Signature:

Date:

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 Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government

0009 N/A N/A N/A Government 0010 N/A N/A N/A Government 0011 N/A N/A N/A Government 0012 N/A N/A N/A Government 0013 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 1-JUN-2023 TO

1-JUN-2024

N/A BEAVER PROJECT OFFICE

JARED TRAMMELL

2260 NORTH 2ND STREET

ROGERS AR 72756-2439

479-636-1210 FOB: Destination

967111

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

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

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

0005 N/A N/A N/A N/A

0006 N/A N/A N/A N/A

0007 N/A N/A N/A N/A

0008 N/A N/A N/A N/A

0009 N/A N/A N/A N/A

0010 N/A N/A N/A N/A

0011 N/A N/A N/A N/A

0012 N/A N/A N/A N/A

0013 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

NOV 2021

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts

OCT 2016

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

MAR 2023

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

DEC 2022

52.217-5 Evaluation Of Options JUL 1990 52.219-1 Alt I Small Business Program Representations (MAR 2023)

Alternate I

SEP 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns OCT 2022 52.219-14 Limitations On Subcontracting OCT 2022 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

MAR 2023

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.245-1 Government Property SEP 2021 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

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

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions JAN 2023 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021)

(a) Definition. Commercially available off-the-shelf (COTS) item, as used in this clause--

(1) Means any item of supply (including construction material) that is--

(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" in Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so.

(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government.

(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment.

(e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial services, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that--

(1) Exceeds the threshold specified in FAR 9.405-2(b) on the date of subcontract award; and

(2) Is not a subcontract for commercially available off-the-shelf items.

(End of clause)

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

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2018-

O0021) (MAR 2023)

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

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

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

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

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

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (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 Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

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

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

(xiii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

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

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

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

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiii) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.216-18 ORDERING. (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through [insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than (insert dollar figure or quantity), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of (insert dollar figure or quantity);

(2) Any order for a combination of items in excess of (insert dollar figure or quantity); or

(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after [insert date].

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAR 2023)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph

(d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

(End of clause)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

www.acquisition.gov/far

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any (48 CFR ) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Wage Determination Attachment 2 Wage Determination

PERFORMANCE WORK STATEMENT (PWS)

IDIQ PARK MAINTENANCE

BEAVER LAKE PROJECT OFFICE

Part 1

General Information

1. GENERAL: This is a non-personal services contract to provide park maintenance services. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform park maintenance services as defined in this Performance Work Statement except for those items specified as Government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Background: Beaver Lake Project is a multi-purpose power generation, flood control and municipal water supply project. Beaver Lake Dam is located at river mile 609 on the White River in Benton, Washington and Carroll Counties, Arkansas, about 10 miles west of Eureka Springs, Arkansas. The lake extends southwesterly along the White River some 70 miles and covers approximately 28,220 surface acres, at the top of conservation pool. The Beaver Lake Project Office is responsible for operation and maintenance duties at the Beaver Lake Project Office and compound, Power House and Dam, 10 parks and recreation areas around Beaver Lake and all other areas around Beaver Lake under the area of responsibility of the Beaver Project Office.

1.3 Objectives: Perform park maintenance services in a satisfactory and timely manner according to the performance work statement.

1.4 Scope: The intent of this contract is to provide park maintenance services at the Beaver Lake Project. Services include but not limited to general park maintenance, performing electrical and plumbing repairs and installation. The Contractor shall furnish all necessary management, supervision, inspection, personnel, materials, supplies, parts, tools, equipment, transportation, and vehicles, except as otherwise provided for herein, necessary to assure that all services are performed in accordance with the contract specifications, drawings, attachments, exhibits, and all applicable laws, regulations, codes, or directives. The Contractor shall accomplish work in a timely and satisfactory manner.

1.5 Period of Performance: The period of performance shall be for one (1) Year Approximately 365 days from the date of contract award. Period of Performance: The period of performance shall be for one (1) Base Year and two - 12-month option years.

The Period of Performance reads as follows:

Base Year – July 1, 2023 (or date of award) through June 30, 2024.

Option Year I – July 1, 2024 through June 30, 2025 Option Year II – July 1, 2025 through June 30, 2026

Example: One year contract period of July 1, 2023 through June 30, 2024.

1.6 General Information

1.6.1. Quality Control (QC): In order to assure that the desired level of performance of a service is achieved, the contractor shall establish and implement a quality control plan to ensure contract compliance, establish procedures for inspection and monitor and control the quality of the service. The QC Plan shall include the identification of all contractor personnel, organizational structure, lines of authority and services to be performed.

Contractor shall provide a Daily Quality Control Reports to the COR showing that services meet the contract requirements and specifications. It is the contractor’s responsibility to correct deficiencies and check the consistency of quality throughout each service, and the plan shall outline whatever actions the contractor deems necessary to provide contract standards for quality control throughout all areas of responsibility.

The Quality Control Plan shall be submitted to the COR at the Beaver Lake Project Office. An electronic copy of the plan must be submitted and accepted within 2 weeks of award of the contract. Revisions of the QCP shall be submitted to the COR within 5 working days when changes are made thereafter. After acceptance of the quality control plan the contractor shall receive the COR’s acceptance in writing of any proposed change to his QC system.

1.6.1.1 Contractor Quality Control Plan (CQCP): The contractor shall assume full responsibility for the quality of all services performed under this contract. The contractors’ quality control plan shall provide an effective level of quality control to ensure that all services are performed in accordance with the specifications and requirements, instructions, provisions, drawings and maps herein, of this contract. The contractor shall establish and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

1.6.1.1.1 CQCP Contents: Contractors Quality Control Plan shall include, as a minimum, the following items:

1. Contractor organizational structure

2. Contractor personnel and qualifications

3. Work schedule

4. Submittals schedule

5. Inspection requirements and schedule

6. Contractors Quality Control Procedures

7. Documentation of quality control activities

8. Requirements for corrective action when quality control and/or acceptance criteria are not met.

1.6.1.1.2 QC Inspection system: An inspection system covering all the services listed on the Performance Requirements Summary, must specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspections will be accomplished, and the name and title of the individual(s) who will perform the inspection. It must specify the methods and procedures for identifying and preventing a cleanup service deficiency before the level of performance has become unacceptable.

1.6.1.1.3 Daily Quality Control Inspections/Reports: Daily QC inspections shall be conducted by the contractor and corrective action(s) shall be taken to address noted deficiencies observed by QC. A record of all daily inspections conducted by the contractor and necessary corrective action taken shall be prepared. Daily reports shall detail the inspection methods and procedures that were utilized to assure that all required services produced an end product that complies with the Specifications and requirements of the contract. The contractor shall establish a Daily Quality Control Inspection schedule, listing parks/services to be inspected, routes, times, and the person’s name performing the service. The contractor shall provide to the COR a written daily quality control inspection report for each daily service performed. All reports shall be completed daily and submitted on a weekly basis by email, no later than 02:00PM on Friday, to the COR at the Beaver Lake Project Office.

The written quality control reports shall contain the following items as a minimum:

a. Contractor's name.

b. Service date, starting time and ending time.

c. Contract, Delivery Order, and Work Order numbers.

d. Statement and description of services performed.

e. Location of services performed.

f. Description of services not performed and reasons for non-performance.

g. Certification Statement that all services performed was in accordance with the specifications.

h. Accidents/damages to Government property.

i. Man-hours worked on Government property.

j. Signature of the contractor's quality control representative.

1.6.2 Quality Control Manager: The contractor shall designate in writing a quality control manager and alternate with full knowledge of the contract specifications/standards, this individual is required to have a copy of the contract in their possession at all times for referral concerning questions of contractor’s responsibility. The contractors’ quality control manager shall be present and available whenever work is being performed, and shall have full authority and power to act for the contractor on items pertaining to overall work performance, management, coordination, and supervision to assure that job performance in each category meets the contract specifications and requirements.

Designated individual(s) will be the primary point of contact with the COR or QAI for the performance of services and is responsible for communicating all completed services, delays, failures, and remedies in timely manner to avoid an inspection failure that could result in a deduction of payment for that service. Initially these individuals will be identified in writing the CQCP. If the quality control manager changes at any point during the contract an addendum to the CQCP will be added stating the new Quality Control Manager.

1.6.3 Quality Assurance: The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3.1. The contractor’s work will be inspected within 2 days of the time for completing the work as identified in the contractor’s schedule. If the work has not been performed, or has not been performed satisfactorily, the inspector will notify the contractor of that fact within one working day of the inspection. Work may be performed or re-performed within 2 working days of notice of nonperformance or unsatisfactory performance. If the contractor fails to perform or to re-perform work within 2 working days of notice of nonperformance or unsatisfactory performance, the contractor has failed to promptly perform the services again, and the defects cannot be corrected by re-performance.

Deductions will be made for nonperformance or failure to re-perform satisfactorily.

1.6.4 Recognized Holidays: The Contractor is not required to perform services on holidays, except for in emergency situations or when approved in advance by the COR.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Juneteenth Thanksgiving Day Independence Day Christmas Day

1.6.5 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 8:00 a.m. and 4:30p.m. 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. Work shall not be performed on Saturdays, Sundays, Federal Holidays, or the day preceding Federal Holidays, except as approved in advance by the COR. 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.

1.6.6 Schedule of Work: The contractor shall submit and obtain approval of required documentation as identified in Technical Exhibit 2 prior to commencing work. The Contractor shall commence work to provide services on the date specified on the written order or within the required start time after receipt of telephone order in emergency situations. Work Order will indicate areas where services are required. Work shall be completed within the time limits stated on the delivery order, work order, or agreed upon schedule unless previously authorized by the COR. In case of inclement weather, additional work days may be allowed.

1.6.6.1 The Contractor shall develop a work schedule identifying all contract work and locations. The Contractor shall submit the work schedules to the COR for review and approval prior to beginning work. The Contractor’s schedule shall include all items of work required by the delivery order or work order. It shall set forth the item of work, locations, and the time/date of beginning and completion. The work schedule shall not be changed without the written approval of the COR.

1.6.6.2 When the Contractor cannot complete services due to construction debris or Government interference, the Contractor shall perform services within reasonable distance of obstruction and report in writing to the COR the reason for failure to complete the service within 24 hours (verbal notification should be made within 4 hours). The report shall identify type of interference, location and date of interference.

1.6.6.3 Work delays due to federal holidays, inclement weather, and/or other causes beyond the Contractor’s control will not constitute any requirement not being completed as specified herein. When the Contractor experiences delays due to circumstances beyond his control, the Government may allow the Contractor to work additional hours beyond normal duty hours (8:00 a.m. to 4:30 p.m., Monday through Friday) and on non-scheduled days, i.e. federal holidays, and weekends, with prior approval from the COR on a case by case basis. In the event that weather or other conditions, over which the Contractor has no control, prevent the Contractor from completing an item of work as required by these specifications, the Contractor shall notify the COR of such conditions as soon as they arise. The Contractor may request a weather time extension.

1.6.7 Place of Performance: The work to be performed under this contract will be performed at all parks and property under the area of responsibility of the Beaver Lake Project Office.

1.6.8 Type of Contract: The Government will award an Indefinite Delivery Indefinite Quantity Contract. This contract type provides a not to exceed (NTE) estimate of the work required to be performed over the contract period. The actual quantities of services ordered under this contract may be significantly less or possibly more than the contract quantity. Estimated quantities and/or the work to be performed are described herein as Contract Line Items (CLINS) and/or listed on separate sheets as Bid Schedules. These quantities are approximate and are provided only for the Contractor's information to assist in preparation of bids. They are not guaranteed, and the actual quantities may be less or more than shown. Variations in these estimated quantities shall not be justification for or request for additional payment. The guaranteed minimum for this contract is 3%.

1.6.9 Physical Security: The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use.

1.6.9.1 Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.6.9.2 In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.6.9.3 The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.6.9.4 The Contractor shall take special care to protect Government Property including buildings, grounds, roads, and any other surfaces from materials not intended. Return areas damaged as a result of work under this contract to their original condition, to include painting, refinishing, or replacement, as necessary. The Contractor shall report all damages of Government property on the quality control program report. Contractor shall be liable for any and all damages or losses, public or private, caused through fault or negligence of his agents and/or employees.

1.6.10 Pre-Bid, Post Award Conference/Periodic Progress Meetings: Pre-Bid meeting will be scheduled for June 7th , 2023 at 9 am. Beaver Project point of contact – Jared Trammell, 501-340-1708, Monday through Friday 8:00 a.m. to 4:30 p.m. Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart

42.5. The Contracting Officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. The post award meeting shall take place within 2 weeks of award of the contract.

1.6.11 Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and…