B.08.02 Cowanesque Mowing Solicitation.pdf

Request for Quotation (RFQ) Cowanesque Lake’s Project

Mowing Services

W912DR-22-Q-0045

This is a COMBINED SYNOPSIS / SOLICITATION for commercial services prepared in accordance with the format in the Federal Acquisition Regulations (FAR) sub Part 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. FAR clauses and provisions enclosed within this RFQ are those in effect through Federal Acquisition Circular (FAC) and are available in full text through Internet access at http://www.acquisition.gov/far

PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE.

DISCLAIMER: The Government is not liable for information furnished by any other source. This will normally be the only method of distributing information. Therefore, it is the responsibility of any interested parties to check the website periodically for any further postings. Websites are occasionally inaccessible due to various reasons. The Government is not responsible for any loss of internet connectivity or for inabilities to access the documents posted on the referenced web pages.

Interested parties should refresh the page periodically when accessing. The government will not issue paper copies.

Section A

The U.S. Army Corps of Engineers (USACE), Baltimore District, will procure Mowing Services for Cowanesque Lake’s Project as further detailed in the Performance Work Statement.

This solicitation will result in one award based on lowest price technical accepted as best meets the needs of the Government. The proposed contract will have a base year/period, and four (4) option years/periods, which if exercised could extend contract performance through 2027. There is no guarantee that any options will be exercised by the Government.

The proposed contract is 100% set-aside for small business concerns. All responsible, qualified small businesses may submit an offer which will be considered by the Baltimore District Corps of Engineers. The North American Industry Classification System (NAICS) code is 561730 size standards of $8 Million, PSC code S208. Offerors shall be registered at the System for Award Management (www.sam.gov) to be eligible for award. To register you will need your DUNS/UEI number. https://www.sam.gov/portal/public/SAM. Instructions for registering are on the website.

The Contractor shall provide all necessary equipment, staff, labor, supervision, materials, equipment, and supplies to complete the Project.

Site Visit - Quoter is urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost or contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Please bring valid photo identification and a copy of a solicitation for verification purposes to the site visit.

Due to COVID-19, all site visits must be coordinated. The site visit is scheduled for Tuesday, 31 May 2022 at 1300 PM EST. Mr. Brad McElheny, Project Manager/Park Ranger, is the site visit coordinator and can be reached by phone at (570) 447-3034 or by email at brad.t.mcelheny@usace.army.mil. The Government will not reimburse any cost incurred.

All questions shall be submitted via e-mail to Nastashia.d.willoughby@usace.army.mil no Later than Thursday, June 2, 2022, at 11:00 AM EST.

Section B - Supplies or Services and Prices

Contractor shall be required to perform all work described in the Performance Work Statement

(PWS):

PRICE SUMMARY

TOTAL FOR BASE YEAR $

TOTAL FOR OPTION YEAR 1 $

TOTAL FOR OPTION YEAR 2 $

TOTAL FOR OPTION YEAR 3 $

TOTAL FOR OPTION YEAR 4 $

GRAND TOTAL $

Pricing – See the attached Bid Schedule (J-3 Bid Schedule)

Section C – Descriptions and Specifications

ARTICLE NO. 1 – Introduction

1. A. The Cowanesque Lake Project is in Tioga County in North Central Pennsylvania, just south of Corning, NY and north of Williamsport, PA. This is a Firm Fixed Price Contract. The Government will specify an estimated quantity for the Contractor to use as a guide and for bidding purposes. The Government will issue and fund an order for mowing services at the beginning of each contract year. It is possible based on weather and other factors that not all mowing on the yearly order will be required in the contract year.

ARTICLE NO. 2 – General

2. A. The person or company that undertakes this contract (Contractor) shall provide all labor, materials, supplies, equipment, fuel, vehicles, management, and quality control for mowing services at Cowanesque Lake Project for areas designated on the maps provided in Attachment C

2. B. Cowanesque Lake’s Project / Government has a requirement for mowing to maintain park recreation areas. Cowanesque Lake includes the South Shore Recreation Area, North Overlook Recreational Area, Lawrence Recreational Area, Tompkins Campground, and the North & South Tailrace’s of the Cowanesque Dam. The Government shall neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor’s responsibility to notify the Contracting Officer Representative (COR) immediately.

ARTICLE NO. 3 – Period of Performance

3. A. Period of Performance:

The contract period will consist of one (1) base year and four (4) option years. The beginning and ending dates are as follow:

Base Year Award – April 15, 2023 Option Year 1

Option Year 2 Option Year 3

Option Year 4

April 16, 2023 – April 15, 2024

April 16, 2024 – April 15, 2025

April 16, 2025 – April 15, 2026

April 16, 2026 – April 15, 2027

ARTICLE NO. 4 - CONTRACTOR CAPABILITY REQUIREMENTS

4. A. The Contractor shall provide all fuel, mowing, trimming, and transportation equipment required to perform the services of this contract. All equipment will conform to State and Federal licensing and safety regulations. The Government will not furnish any type of transportation, pay transportation related expenses, or pay mileage.

ARTICLE NO. 5 - SAFETY REQUIREMENTS

5. A. The Government shall provide a “Safety and Health Requirements Manual”.

This manual is available from the project office or online at https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/Safety-and- Health-Requirements-Manual/.

5. B. The Contractor shall provide a written accident prevention plan and activity hazard analysis to the COR one week prior to the pre-work conference. An example can be requested after award of contract. Government acceptance will occur before the Notice to Proceed is issued. The accident prevention plan will provide all the necessary information required by OSHA standards, and the Corps of Engineers Safety Manual, EM385-1-1. All safety plans shall be accepted by the COR before work commences.

5. C. The Contractor shall abide by all OSHA regulations and pertinent sections of the Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, and submit all reports required therein to the Government. COR shall be notified within 24 hours of all accidents or incidents occurring in the completion of work.

5. D. Contractor shall designate in writing, an employee responsible for overall supervision of accident prevention activities to the COR one week prior to the pre-work conference. Such duties shall include assuring applicable safety requirements are incorporated in work methods and inspecting the work to ensure that safety measures and instructions are applied.

5. E. All tractors and lawn mowing equipment will meet the seat belt and rollover protection requirements identified by their manufacturer, OSHA standards, and the Corps of Engineers Safety Manual, EM385-1-1. All machinery is to be mechanically sound, in a good state of repair, and in compliance with all safety standards. When mowing slopes of 10 degrees or greater, rollover protection is required. Slopes should not be mowed when the ground is soft, or the grass is wet and seat belts shall be always worn.

5. F. Equipment to be used at Tioga - Hammond Lakes by the Contractor will be inspected by the COR at the worksite prior to the start of each contract year. Any additional or replacement equipment will be inspected by the COR before being placed into service.

The Government shall be given a minimum of 24 hours’ notice when additional or replacement equipment will be utilized so that inspections may be scheduled. All machinery is to be mechanically sound, in a good state of repair, and in compliance with all safety standards. Mower guards are not to be removed from mowing equipment or made inoperable at any time. The Government reserves the right to re-inspect any equipment at any time during the contract.

5. G. Equipment found to be unsafe will be removed from service until appropriate repairs and/or safeguards are instituted. All applicable safety regulations as set forth by OSHA standards, and the Corps of Engineers Safety Manual, EM385-1-1 will be required. All injuries to employees or recreational users and all damages to property, Government or private, shall be reported immediately to the COR.

5. H. While performing work under this contract, vehicles will not be driven or parked in unsafe positions, off designated service roadways, or outside of designated parking areas, unless approved by the COR. All vehicles shall be properly licensed and maintained in a safe, clean condition. The contractor/sub-contractor shall maintain a valid state driver’s license. The Contractor and employees shall comply with all rules and regulations governing public use of water resources development projects as set forth in Title 36, CFR, Chapter III, Part 327 and all laws of the Commonwealth of Pennsylvania and the United States as they apply to the Tioga-Hammond Lakes Project and obey all posted signs.

Copies of Title 36 will be available from the COR. The contractor will not be allowed to operate any vehicle (including but not limited to mopeds, ATVs, and utility vehicles) off-road, around gates, barricades, on sidewalks, trails, or driving the wrong way on a one-way street.

5. I. The Contractor shall provide its employees the CPR and First Aid certified personnel as required by EM 385-1-1“Safety and Health Requirements Manual” one week prior to the pre-work conference. Copies of their certification shall be provided to the COR and will be the property of the Government. Two people per crew shall be trained in First Aid and CPR. Individuals working alone shall be trained in First Aid.

ARTICLE NO. 6 - CONTRACT MANAGEMENT/QUALITY ASSURANCE/ON SITE

REPRESENTATIVE

6. A. The Contractor shall submit for the COR’s approval, a written detailed Quality Control Plan one week prior to the pre-work conference. This plan shall indicate in detail, an inspection system covering all work performed under this contract. A cover letter identifying the Contractor or Company name, address, phone number, email (if applicable), Contract number and current year shall accompany the plan. This plan shall be provided to the COR one week prior to the pre-work conference. A signed letter of certification that references the contract and current year and states if the original plan remains current (or lists changes if applicable) is acceptable following the base year pre-work conference. All plans, or subsequent revisions, shall be acceptable to the COR before work commences. This plan shall include, at minimum, the following items.

6. B. The Contractor shall provide a signed letter to the COR designating the name(s) of the Contractor’s QC(s) (Quality Control on-site representative) one week prior to the pre-work conference. They shall be physically present on-site with authority and power to oversee all overall management, coordination, and supervision whenever work specified herein is being performed. This letter shall also include the QC(s) schedule(s) of work and contact information.

6. C. The Contractor shall provide a schedule that identifies the frequency of Quality Control inspections one week prior to the pre-work conference.

6. D. The Contractor shall provide a reporting form that shall be completed upon each QC inspection. This form shall include, at minimum, the following information: QC name, contract number, date, weather, time in/out of each area, a list of items to be inspected, defects/problems, and safety violations. Copy of reports shall be provided to the COR at the time of invoice. An example of the Contractor’s inspection report shall be made available one week prior to the pre-work meeting.

6. E. The Contractor shall provide a communication plan one week prior to the pre-work conference which demonstrates the Contractor’s ability to maintain communications between Contract Employees and the COR during times when services under this contract are being performed. This plan shall include contact information such as phone numbers and email addresses. Although the Government does not endorse any product or service provider, cellular communication using area providers Verizon and AT&T for the highest quality reception is recommended to meet this requirement.

6. F. The Contractor shall provide a summary of employee training requirements and methods one week prior to the pre-work conference. This program shall demonstrate that sufficient training methods are being provided to all Contract Employees, to ensure they meet all requirements of this contract. Verification of a trainee’s ability to successfully provide service is needed to adequately meet this requirement.

6. G. The Contractor shall provide one week prior to the pre-work conference, an itemized training record for all Contract Employees which demonstrates either successful or unsuccessful completion of the training program. When new employees are hired, submission of their itemized training record shall occur within three (3) days of the employee’s start date.

6. H. The Contractor shall provide an area service schedule one week prior to the pre-work conference. Days, times, and locations, and services shall be clearly identified. This schedule shall meet the specifications of this contract, minimize inconveniences to the public, while also promoting efficiency.

6. I. VARIATION. Should services be provided outside of the schedule the Contractor shall notify the Government of any variations exceeding 24 hrs. Failure to meet this requirement is considered a deficiency and repeated cases may result in default.

6. J. All chemicals required for the execution of the contract shall be submitted to the COR one week prior to the pre-work conference for approval and as needed to the COR if any changes are to take place. Safety Data Sheets (SDS) shall also be submitted one week prior to the pre-work conference for each applicable product used and will be made readily available to all contract employees. SDS sheets shall be maintained at each area where supplies are stored. Equipment and materials which do not appear on this list shall not be permitted on the project or in the service of this contract. The contractor shall not abandon equipment, supplies, and/or materials, etc. on government property at any time. The Government assumes no responsibility of theft or damages to abandoned equipment/materials.

6. K. The Contractor shall provide notification of any changes, additions, or any other modification of this plan for COR approval BEFORE incorporating said revision into the performance of services under this contract.

6. L. The Contractor or the authorized representative shall contact the COR or alternate each week to discuss contract work items. Meetings may be in person or by telephone (to be determined at pre-work meeting). Specific topics of discussion at the meetings may include schedules, inspections, quality control, and upcoming work.

6. M. The contractor shall report to the COR all information concerning either lost or found property on forms provided by the Government. Found property shall be safeguarded by the contractor and promptly turned in to an authorized Corps employee.

ARTICLE NO. 7 - Deductions and Default

7. A. All work shall be performed in an orderly manner as directed in the contract. If services are found to be defective in workmanship or otherwise not in conformance with the specifications and requirements, the Government will have the right to reject such service. If time permits, the work shall then be re-performed in accordance with contract specifications without additional cost to the Government.

7. B. Damage to Government facilities should be avoided. Any damage to Government facilities deemed to have been caused by Contractor negligence will be, (1) corrected in a timely fashion by the Contractor; (2) Corrected by Government or another Contractor and deducted from the Contractor invoice; or (3) settled in an appropriate and timely fashion through the Contractor’s insurance carrier.

7. C. Default of the contract will be considered for various reasons relating to non-performance of the contractual specifications. Following is a partial listing of reasons for which default may be considered.

a. Repetitive (more than 3) pay deductions for non-performance per contract year

b. Any Safety violations

c. Any abuse of security privileges

d. Any occurrence of more than $10,000 damage to Government or private property

ARTICLE NO. 8 – Performance Requirements

8. A. The Contractor is required to attend a pre-work conference before any contract period begins to include option years. The items detailed in Attachment E; Deliverables shall be submitted one week prior to the pre-work conference. At this meeting, the Contractor identifies the QC inspector in writing, and all parties discuss the roles and responsibilities of the contract. Work will not begin until all deliverables (Attachment E) are accepted by the Government.

8. B. The Contractor shall maintain an on-site representative, designated in writing one week prior to the pre-work conference, with the authority to address daily issues concerning the contract. This person will interact directly with the Contracting Officer’s Representative in matters relating to the day-to-day administration of the contract. The Contractor shall meet with the COR as needed to resolve any problems with the past mowing cycles and to review the work schedule for the future cycle. Serving as the point of contact between the COR and the Contractor for day-to-day activities. The On-site Contract Manager /Quality Control Representative MAY serve in a dual role as both quality control representative and equipment operator/laborer.

8. C. The Contractor shall provide all necessary labor, materials, supplies, equipment, fuel, vehicles, management, and quality control for the mowing services at the Tioga - Hammond Lake’s Project for areas designated on the attached maps identified as Attachment C. Mowing and trimming of individual recreation areas shall be performed in one continual operation. All mowing and trimming for a recreation area shall be completed prior to starting or moving onto a new area. A schedule defining the order of areas to be mowed will be provided to the COR at least one week prior to the start of each mowing cycle. The Government reserves the right to adjust the schedule based upon the effect of local weather and water conditions on grass growth or special public events.

Notification of schedule adjustments will be in writing at least three (3) working days prior to the beginning of a mowing cycle and a new schedule for other adjusted dates will be provided.

8. D. The frequencies for mowing services are defined below and, on the schedule, identified as Attachment A. The schedule provided reflects the anticipated mowing cycles required.

8. E. The contractor shall not start work unless the grass and ground are dry enough for smooth cutting and equipment will not cause rutting of the ground. The contractor shall use good judgment in determining whether conditions are suitable for mowing operations. In cases where the contractor and the COR disagree about the suitability of conditions for mowing operations, the COR will determine whether work shall progress or stop. Should inclement weather or other circumstances including high water events and or area closures delay the onset or the completion of mowing requirements, the Contractor shall contact the COR to determine the priorities of mowing areas or rescheduling possibilities. In most circumstances, the Government will prefer rescheduling to complete the work.

8. F. Recreation and Campground Mowing is generally performed in developed recreation areas as identified on the attached maps in Attachment C. Grass shall be cut to a uniform appearance at a height of 3 inches. There shall be no uncut vegetation because of the lack of mower overlap or from wheel rollover. Trimming shall be completed around all buildings, sidewalks, landscape timbers, steps, signs, car stops, etc. If it is in question whether an item should be trimmed around, it is to be presumed that the mapped mowing areas include that item. All trimming around directional, informational, traffic control, and other signs will be flared where applicable to provide appropriate viewing of at least 15’ upon approach and according to the Corps of Engineers sign standards.

(https://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_ 310-1-6.pdf) Weed trimmers may be used but care shall be taken to avoid damage to trees, shrubs, signposts, etc. Metal cording shall not be used.

8. G. Mowing should occur in each area once a week beginning the first week of May to July 4th weekend. Then every other week for an anticipated total of 16 mowing’s.

8. H. Recreation mowing shall occur Monday-Thursday 8:00 am to 6:00 pm (excluding federal holidays) and beaches shall be mowed before 11:00 am. No recreation feature or picnic shelter shall be mowed while actively in use by the public. Campsites that are in use at the time of a scheduled mowing shall be given at least a 6-foot buffer zone to avoid complaints from campers. This may require the Contractor to return to the site at a later time that day to attempt completion of the mowing. The contractor shall avoid mowing around camper hoses, light cords, extension cords, etc. to avoid possible damage.

*NOTE: While flexible, campground camper check-in time is 1600 hours and check-out time is 1500 hours.

8. I. When mowing near campsites, the recreating public, or facilities, the Contractor shall take care to ensure that grass discharge is directed safely away. All grass under picnic tables, around trees, shrubs, signs, fire rings, fences, sidewalks, guardrails, etc. shall be mowed and neatly trimmed. Picnic tables may be moved but MUST be moved back to their original location after mowing is completed. If deemed necessary, the COR may call back the contractor to move picnic tables back to their correct positions. Leaving the recreation features and facilities in an acceptable condition is a critical part of this contract and failure to do so may result in non-performance. All fenced areas or guardrail areas shall be mowed inside and out so a minimum of one mowers width of mowing is completed on the outside. Areas inaccessible to mowers shall be string-trimmed to a minimum of three feet around/beyond the fencing and guardrails.

8. J. Campground mowing hours are between 9:00 am and 5:00 pm Monday through Thursday (excluding federal holidays). Any exceptions shall be approved by the COR 24 hours in advance due only to special circumstances.

8. K. Mowing of specific areas shall be completed to include trimming before the Contractor moves to the next location. Any maintenance work, the installation of signs, recreation facilities/equipment to extensions there to being done by the Government or its Contractors may occur during the term of the contract and the Contractor shall mow and trim around these additional obstacles at no increase in cost to the Government.

8. L. Prior to mowing, the contractor shall remove rocks and debris that are likely to damage equipment or be thrown by the mower. The Contractor is responsible for picking up all litter, cans, plastics, rocks, etc. in the mowing areas depositing them in dumpsters found throughout the mowing areas.

8. M. All acreages listed as a part of this contract (Attachment B) are estimates and include acreages for mowing road berms. All ditches that cannot be cut with riding type mowers will be cut with string trimmers to no less than 3 feet on each side of access roads or to the outer edge of the accepted ditch line, whichever is greater, throughout the recreation areas and includes trimming around signs and guard rails where appropriate.

8. N. A flail, sickle bar or rotary type mower may be used for mowing as appropriate.

Tractor mounted and other rotary type mowers shall be equipped with operable guards, safety chains, or other protective devices to prevent flying stones, sticks, etc. from striking persons and/or damaging property. These types of safety devices must be used at all times. Mowers shall have slides or wheels which will prevent tearing or plowing into turf;

tractors shall be operated in a manner that will prevent their wheels from tearing turf on turns. Each mower pass shall overlap the previous pass so that no strips or patches of uncut vegetation shall result.

8. O. It shall be the responsibility of the Contractor to locate all recreational support structures, utility lines, instrumentation, trees, shrubs, public or private property, physical obstacles or hazards, trash, garbage, drift debris, fallen tree limbs, and leaves within the mowing limits prior to each mowing and make sure it is either removed or clearly visible to the employees working in the area. Special care shall be exercised to avoid damaging trees, shrubs, private property, buildings, or other facilities during the mowing or trimming operations. The Contractor shall repair or have repaired any damage to Government property resulting from the Contractor’s failure to exercise reasonable care in the performance of work. If the Contractor fails or refuses to repair any such damage within 7 days, the contracting officer may have the necessary repairs performed and charge the cost thereof to the Contractor. The Contractor shall exercise extreme care in the vicinity of all parking areas and protect all recreation users from injury and their property from harm and/or damage. The Contractor shall coordinate directly with the claimant to resolve such private claims for damage.

8. P. Mowing shall be accomplished so mower clippings are blown away from building structures, recreation facilities, signs, bulletin boards, trash stations, guardrails, sidewalks, trails, playgrounds, roadways, ornamental plantings, vehicles, and parking lots. The Contractor shall remove ALL grass and other debris clippings from all recreation equipment and facilities including but not limited to paved gutters, sidewalks, roads, parking areas, playground surfaces, and any hard surface at the conclusion of mowing for that area.

Mower clippings shall be evenly or uniformly distributed and shall not be piled or released in windrows.

8. Q. Clipping/Thatch Removal.

a. Under no circumstances shall visible thatch be allowed to remain on the designated beach use areas following mowing activities. At no additional cost to the Government, thatch may be collected and removed to the designated area noted in Attachment F, prior to the Contractor’s departure from the beach area.

b. Visible thatch left after mowing in other areas shall be or spread to a 1” depth to prevent an unsightly brown appearance.

8. Q. Excessive Clipping/Thatch Removal

a. If the Contractor is unable to spread grass clippings to a 1” depth the COR shall be notified in a timely manner to allow the COR to designate areas and acreages where the Contractor will be responsible for removing the thatch. Anticipated thatch removal areas are identified in Attachment F.

b. Thatch will be removed to a designated disposal area at the Ives Run Burn Pile located just outside the Ives Run main camping area. The disposal area is noted in Attachment F.

c. Thatch may be removed between 8:00 am and 8:00 pm Monday through Thursday and between 8:00 am and 4:00 pm on Fridays.

d. After removal of thatch, the area may need to be re-mowed to meet specifications.

e. Thatch removal dates are anticipated from 1 May to 31 July and will be based on the growth rate. Dates may extend further into the growing season based on growth rate and weather. The estimated total acreage to be removed each growing season is 48 acres.

ARTICLE NO. 9 – INSPECTIONS

9. A. All work shall be subject to inspection and approval by the COR or designated Quality Assurance Evaluator (QAE). All work shall be performed in an orderly fashion consistent with the specifications as outlined in this PWS. During the execution of the contract, the Government’s representative will conduct inspections of all mowing services to determine applicable performance requirements. Any deficiency in work shall be corrected at the Contractor’s expense. The Contractor will not be paid for any work not accepted by the COR. The Government will utilize a Quality Assurance Surveillance Plan (QASP) to ensure the Contractor’s quality control procedures are in place and working.

The Government is responsible for Quality Assurance to ensure the Contractor’s Quality Control procedures are working. Performance Requirements are noted in Attachment D.

Section F – Deliveries of Performance

The Period of Performance will be one year from the Date of Award, with four (4) option years.

Section G – Contract Administrative Data

PAYMENT & INSURANCE

All quantities listed as part of this contract are estimates and may vary. Variations of 5% or less in the estimated quantities shall not be justification for modification of the contract or request for additional payment.

Payment for services under this contract will be processed upon receipt of an invoice summarizing completed activities. No payment will be made for services not provided in accordance with the standards of this PWS. All invoices shall include:

Contractor name and address, exactly as it appears on the contract Contract number Date of invoice submission Invoice number Unit Cost Invoice total Labor Hours

Incorrect invoices will be returned to the Contractor for correction before processing payment. Corrected invoices shall reflect the new submission date.

Invoices shall be submitted via post-mail and/or electronic mail to the following addresses for payment. Should changes occur to the mailing addresses the Contractor shall be notified. VIA Post Mail:

1. USACE Finance Center Attn: Disbursing 5722 Integrity Drive Millington, TN 38054-5005

2. U.S. Army Corps of Engineers ATTN: James Nixdorf - Invoice

710 Ives Run Lane

Tioga, PA 16946

If submitting invoices electronically, please send invoices to all emails listed below:

James.s.nixdorf@usace.army.mil

Brad.t.mcelheny@usace.army.mil

Stephen.p.sporer@usace.army.mil

Nicholas.r.hansrote@usace.army.mil

Contractual payment will be made within the timeframe allowed by federal law (currently 30 days after receipt of a properly completed invoice). Postage, envelope, and reproduction costs are to be borne by the Contractor. NOTE: Contractors may perform approximately 60 days before receiving the first contractual payment.

The contractor shall provide to the COR the insurance as required in Clause 52.228-5 “Required Insurance” one week prior to the pre-work conference. The Contractor shall furnish to the COR a current certificate or written statement of insurance requirements of the contract one week prior to the pre-work conference. Policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the Laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

Contracting Officer Statement

Only a warranted Contracting Officer (either a Contracting Officer or an Administrative Contracting Officer (ACO)), acting within their appointed limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the change and shall immediately notify the Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor’s own risk.

Section H – Special Contract Requirements

ANTITERRORISM/OPERATIONS SECURITIES-OPSEC

2. Access and General Protection/Security Policy and Procedures. All Contractor and all associated subcontractors’ employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures (provided by Government representative). The Contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity 541254 Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in Contractor security matters or processes. The Contractor and all contract employees shall be subject to the rules and regulations provided in Title 36 of the Code of Federal Regulations, Section 327, during the performance of the contract.

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

13. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

Section I – Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2021 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 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services JAN 2021 252.204-7022 Expediting Contract Closeout MAY 2021 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.226-7002 Representation for Demonstration Project for Contractors Employing Persons with

Disabilities DEC 2019 252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.246-7003 Notification of Potential Safety Issues JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(JAN 2022)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115-91).

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

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

(5) 52.233-3, 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 products and commercial services: [Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

X (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.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

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

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

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

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

X (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 (NOV 2021) (15 U.S.C. 637(d)(4)).

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

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

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

____ (v) Alternate IV (SEP 2021) of 52.219-9.

X (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 (SEP 2021) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (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 Concerns (SEP 2021) (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 (SEP 2021) (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 (SEP 2021) (15 U.S.C. 657s).

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

X (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O.

13126).

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

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

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

X (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.

X (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).

X (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (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.

X (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.

X (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.

X (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (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 (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) 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).

____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (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.

____ (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 (FEB 2021).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (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 (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

____ (iii) Alternate II (NOV 2021) of 52.247-64.

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

_____ (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 for Contractor Workers Under Executive Order 14026

(JAN 2022) (E.O.

13658).

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

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data,…