B.08.02 Solicitaiton for Pomona Lake Mowing contract07Apr23released.pdf

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Pomona Lake Mowing Contract
Solicitation number
W912DQ23Q1011
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SEE ADDENDUM

(No Collect Calls)

W912DQ23Q1011 07-Apr-2023

b. TELEPHONE NUMBER

(816) 389-2041

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 24 Apr 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DQ9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

RICK MATHENA

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, KANSAS CITY +

FEDERAL BLDG, CT-C +

601 E 12TH ST RM 647

KANSAS CITY MO 64106-2896

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 966221 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

USACE, KANSAS CITY +

SCOTT RICE

POMONA LAKE PROJECT OFFICE 5260 POMONA DAM R

VASSAR KS 66543

TEL: 8163893459 FAX: 785-453-2203

816-389-2029/2030FAX:

TEL: 816-389-3812 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

X 8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,500,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF65

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section A - Solicitation/Contract Form

COMBINED SYNOPSIS

Section A - Solicitation/Contract Form

COMBINED SYNOPSIS SOLICITATION

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

The solicitation number for this acquisition is W912DQ23Q1013 and it is being issued as a Request for Quotes (RFQ).

The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-84.

This RFQ shall be set aside for small businesses and the associated North American Industry Classification system (NAICS) code is 561730, “Landscaping Services” and the business size standard is $9,500,000.00.

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

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

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

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

FAR 52.212-5, Contract Terms and Conditions - Required to Implement Statutes or Executive Orders- Commercial Items, applies to this acquisition. These specific clauses required are located in Section I of this combined synopsis/solicitation.

System for Award Management

In accordance with FAR 52.212-1(k): By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://sam.gov/portal/SAM/#1 . It is highly encouraged that all contractor’s start the SAM’s registration process as soon as possible.

OFFEROR MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT

WITHIN 7 DAYS OF THE CLOSE OF THE SOLICITATION OR THE CONTRACT

OFFICER MAY PROCEED WITH AWARD TO THE NEXT SUCCESSFUL

CONTRACTOR.

If you were not previously registered, please go to https://www.sam.gov. Instructions for

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

FY2023 Base Contract

FFP

Pomona Lake Mowing

NET AMT

0001AA 10 Job Wolf Creek Park

FFP

Camping areas and roadways FOB: Destination

PSC CD: S208

0001AB 10 Job Michigan Valley Park

FFP

East of Coon Creek

0001AC 10 Job Michigan Valley Park

FFP

West of Coon Creek

0001AD 11 Job Outlet Park

FFP

Camping areas and entrance road

0001AE 11 Job Outlet Park

FFP

Day use area and Dam toe Road

0001AF 10 Job Management Park

FFP

Option Year One

1001AA 10 Job Wolf Creek Park

FFP

Camping areas and roadways

1001AB 10 Job Michigan Valley Park

FFP

East of Coon Creek

1001AC 10 Job Michigan Valley Park

FFP

West of Coon Creek

1001AD 11 Job Outlet Park

FFP

Camping Areas and entrance road

1001AE 11 Job Outlet Park

FFP

Day use area and DAM toe road

1001AF 10 Job Management Park

FFP

Option Year Two

2001AA 10 Job Wolf Creek Park

FFP

Camping areas and roadways

2001AB 10 Job Michigan Valley Park

FFP

East of Coon Creek

2001AC 10 Job Michigan Valley Park

FFP

West Coon Creek

2001AD 11 Job Outlet Park

FFP

Camping Areas and Entrance road

2001AE 11 Job Outlet Park

FFP

Day use areas and DAM toe road

2001AF 10 Job Management Park

FFP

Section C - Descriptions and Specifications

PWS

KANSAS CITY DISTRICT CORPS OF ENGINEERS PERFORMANCE

WORK STATEMENT

Mowing and Trimming Services Pomona Project

C.1 General Information

C.1.1 Background. Pomona Lake is located approximately 7 miles west of Pomona, Kansas on highway 168. The dam was completed in 1963, which creates a reservoir of approximately 70,000 acre-feet of water. Recreational development at Pomona includes 7 parks and access areas managed by the U.S. Army Corps of Engineers. Park areas at Pomona Lake offer a wide variety of recreation facilities including boat launching ramps, campgrounds, marinas, picnic areas, sand swimming beaches, and a visitor center. Many routine maintenance items are contracted to the private sector. Mowing, refuse collection, and facility cleanup are just a few of the activities that are performed by private contractors for the Corps.

C.1.2 Scope of Work: The Contractor shall provide all manpower, equipment, fuel, tools, supervision and other items and services necessary to provide mowing and trimming of public use areas at the Pomona Lake, near Pomona, Kansas as described in the attached performance work statement (PWS) and elsewhere in the contract.

C.1.3 Post-Award Conference After award, but prior to commencement of work, the Contractor shall contact the Contracting Officer’s Representative, to arrange a mutually agreeable time to meet at the Pomona Project Office to review the requirements and details of the work.

C.1.4 REQUIRED INSURANCE: The Contractor shall provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the below.

Before commencing work under this contract, the Contractor shall present to the Contracting Officer proof of the required insurance.

REQUIRED INSURANCE SCHEDULE

TYPE AMOUNT

Worker’s Compensation Coverage complying with Applicable State Statute Employer’s Liability Minimum amount of $100,000.00 General Liability on Minimum limits of $500,000.00 per Comprehensive form of policy occurrence of bodily injury Which includes, but is not limited to, insurance for all work required herein.

Comprehensive Automobile Liability Minimum limits for $200.000.00 per Person and $500,000.00 per occurrence for bodily injury, and $200,000.00 per occurrence for property damage.

3. NOTE: Coverage required above are minimums. If higher limits of coverage are required by State Statute, the Contractor shall be responsible for obtaining such additional coverage.

Information regarding State requirements may be obtained by contacting:

IOWA: Iowa Insurance Division, 515-281-3089 KANSAS: Insurance Commissioner, Toll Free, 1-800-432-2484

Division of Workers Compensation, 913-296-3071 MISSOURI: Division of Insurance, 314-751-3365 NEBRASKA: State Insurance Department, 402-471-2201

C.1.5 Quality Control

C.1.5.1 The Contractor will develop a Quality Control Plan designed to demonstrate how the Contractor will meet the needs of the project. The Quality Control Plan will document how well the Contractor is meeting these needs and will be submitted for approval prior to work on this contract. The contractor must provide and maintain an inspection system acceptable to the government covering the services under this contract. Complete records of all inspection work performed by the contractor must be maintained and made available to the government during contract performance.

C.1.5.2 The Contractor shall designate, in writing, a responsible on-site representative of each work crew who shall serve as a contact for matters involving quality, performance or non-performance of the required work assigned to that crew. The representative shall have the authority to correct non-performance. The Contracting Officer may disapprove any individual whom he considers to be incompetent to perform the work required. Such disapproval will be given to the Contractor by written notice, and the Contracting Officer’s decision shall represent a final decision.

C.1.5.3 The Contractor shall furnish to the Project Manager, a telephone number attended during normal business hours (7a.m. - 4 p.m., CST) to which calls concerning performance or other contractual matters can be placed. For the purpose of time and date, a message will be deemed delivered to the Contractor, at such time as it is delivered to the number provided by the Contractor.

C.1.6 QUALITY ASSURANCE:

C.1.6.1 Quality Assurance Surveillance Plan.

A Quality Assurance Surveillance Plan (QASP) will be used during the life of the contract to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government develops the QASP and the Project Office administers the Plan through Quality Assurance Evaluators (QAE)s.

C.1.6.2 The government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The government shall perform inspections and tests in a manner that shall not unduly delay the work.

C.1.6.3 In the event that an area is missed, or is not mowed, trimmed, or has not had grass or debris removed as specified, the Contractor agrees to return and re-perform the unsatisfactory or missed services immediately upon receipt of notice form the Contracting Officer or his Authorized Representative.

C.1.6.4 If any of the services do not conform to contract requirements, the government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

Payment will not be made for work not performed or not performed to standard.

C.1.6.5 The Government reserves the right to cause the specified work to be performed by a third party or Government personnel and the cost incurred thereby will be levied against the Contractor. Any time Government personnel are used because of Contractor's nonperformance, the cost levied against the Contractor will include all direct costs associated with the performance of the specified work the direct cost to the Government for substitution of the Government personnel removed from their normal duties is computed on an hourly basis at the applicable wage rate. Government personnel will be used only when time is of the essence and the interests of the Government would not be served by securing a third party to perform the specified work.

C.1.7 ORDERING OF SERVICES

C.1.7.1 Individual orders for required services will be issued by telephone to the Contractor or his responsible individual, and followed by confirmation in writing from the Contracting Officer or the Contracting Officer’s Representative. Telephone orders will be considered issued at such time as it is delivered to the telephone number provided by the Contractor. The Contractor shall commence the ordered service(s) within 48 consecutive hours after receipt of verbal telephone order or date specified in the order (whichever is later), and complete the work in the time specified. The time allowed to complete the required services shall begin either as soon as the Contractor begins the mowing and trimming services, or at the end of the 48 consecutive hours after receipt of the order, whichever occurs first.

C.1.7.2 In the event adverse weather or ground conditions occur after placement of an order for services that would create unsafe working conditions or result in damage to vegetation or turf, the Contractor shall cease operations and contact project personnel. Work affected by adverse conditions shall be stopped, restarted, or rescheduled at a mutually agreed upon time, to the extent possible. Payment will not be made for work not performed as a result of wet weather conditions unless an alternate date for services can be arranged, and services are performed.

C.1.7.3 The Government reserves the right to order any single item/sub-item individually, or any combination of items/sub-items per order, up to and including all items. However, no order shall be placed which totals less than one full workday. One workday shall be deemed to mean 8 man-hours for the purposes of this specification.

C.1.8 PERIOD OF PERFORMANCE

C.1.8.1. This Contract shall be effective on 1 April (or date of award, if later) and shall remain in full force and effect through 30 September. Effective dates of full-year renewal options (if exercised) shall be from 1 October through 30 September of the following year.

C.1.8.2 Mowing and trimming services shall be as-ordered for the service period 1 April through 30 September (and 1 October through 31 October and 1 April through 30 September if renewal option is exercised), Monday through Friday, between the hours of 7:00 a.m. and 6:00 p.m. Work will not be permitted on Saturdays, Sundays, and holidays unless this restriction is specifically waived in writing by the Contracting Officer or his authorized representative.

C.1.8.3 The Government anticipates that a mowing order for all Public Use Areas will be placed prior to the following holidays: Memorial Day, Forth of July, and Labor Day.

C.1.8.4. All work shall be accomplished within the time frames specified above.

Services rendered outside the time frames specified will not be compensated, unless this restriction is specifically waived in writing by the Contracting Officer or his authorized representative.

C.1.8.5 Time allowed to Complete Required Services, as specified in this performance work statement applies to the ordering of individual items. Prior to Holiday weekends it may be necessary to complete the mowing order in one-half the normal time allowed to complete the same order. The contractor shall be responsible for providing the additional manpower and equipment necessary to accomplish this at no additional cost to the government.

AREAS, ACREAGES, QUANTITIES, AND

TIME ALLOWED

ESTIMATED ACRES ESTIMATED MAXIMUM TIME ALLOWED

OF PARK AND

AREAS ROADWAY MOWING MOWINGS

NUMBER OF

MOWINGS

NUMBER OF

REQUIRED SE

TO COMPLETE

RVICES

a. WOLF CREEK PARK

1. camping areas and roadways 80 10 14 1.5 days

b. MICHIGAN VALLEY PARK

1. east of Coon creek 68 10 14 1.0 days

2. west of Coon creek 12 10 14 0.5 days

c. OUTLET PARK

1. camping areas and entrance road

0.5 days

2. day-use area and toe road 15 11 14 0.5 days

d. MANAGEMENT PARK

0.5 days

e. ADMINISTRATION AREA 3 11 14 0.5 days

Notes: 1. The term "required services" as applied to time allowed, shall be deemed to include trimming around trees, shrubs, posts, buildings, and obstacles.

2. Determination of acreages for roadway mowing is based on the mowing of approximately 30 feet on each side of roadways to be serviced.

3. Acreages shown above are estimated. The Contractor shall be responsible for determining all acreages and conditions affecting the performance of the required tasks of this contract.

4. The ADMINISTRATION AREA mowing is the area east of Pomona Dam Road (across from the Pomona Lake Project Office). These 3 acres include the water borne restroom area as well as the area around and near the volunteer campsite.

C.1.9 Contractor Personnel

C.1.9.1 All Contractor personnel shall be fully clothed, at all times, while performing these services. Clothing shall be clean and neat in appearance.

C.1.9.2 Contractor personnel shall utilize tact, diplomacy and courtesy at all times during contact with the public.

C.1.10 Safety Requirements

C.1.10.1 Prior to beginning work on this contract the Contractor shall have an approved Accident Prevention Plan. This plan shall be in accordance with the most recent EM 385-1-1. The plan is intended to be a viable document and enhance the safety of Project staff and visitors. The Contractor will be expected to take a vital interest in safety, hazard, and educate their employees to work and plan their work safely. Proper driving techniques and defensive driving will be practiced to prevent vehicle accidents and property damage.

C.1.10.2 In order to provide safety controls for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies and equipment; and for avoidance of work interruptions in the performance of this contract, the Contractor shall comply with all pertinent provisions of the Federal, State, and local regulations and shall take or cause to be taken such additional measures as the Contracting Officer may determine to be reasonable and necessary for the purpose.

C.1.10.3 Contractor vehicles shall be equipped with 4-way flashers and turn signals in operating condition. Flashers shall be activated when vehicles are parked on, or traveling slowly along roadways.

C.1.10.4 Any injury, property damage equipment malfunction or safety hazard observed by the Contractor shall be immediately reported to the Project personnel.

C.1.10.5 Tractors and self-propelled mowers over twenty (20) drawbar horsepower and/or exceeding 1,000 pounds gross weight shall be equipped with an approved rollover-protection system, flashers, turn signals and seatbelts. Seatbelts shall be worn and flashers activated at all times when equipment is in operation. The Contractor's tractors and other slow-moving equipment shall be equipped with the slow-moving vehicle sign. All mowers and trimming equipment shall be equipped and maintained with safety chains, discharge-deflection devices, and/or other approved safety devices in accordance with EM 385-1 to prevent accidental damage or injury from objects thrown by mowers.

C.1.10.6 The Contractor shall take such measures to protect the public and property from foreign materials thrown from rotary mowers and other rotating equipment while operating in public use areas and on public roadways.

C.1.11 Other Contractors The Government may undertake or award other contracts for additional work, and the Contractor shall fully cooperate with such other contractors and Government employees. All work must be carefully planned and fitted not to interfere with such other work. The Contractor shall not commit or permit any act that will interfere with the performance of work by other contractors or by Government employees.

C.1.12 LOST ARTICLES, VANDALISM, FACILITIES MALFUNCTION: To assist the visiting public in reclaiming lost articles, all property left by visitors and found during contract operations shall be turned in to the Project Office. Any evidence of vandalism, instances of facilities not operating properly, or facilities in need of repair shall be reported immediately to Project personnel.

C.1.13 Coordination with the Project Office During mowing periods, the Government reserves the right to schedule meetings with the Contractor. The meetings shall be scheduled at the Project Office, as necessary, to ensure strict compliance with the terms of the contract, to coordinate work schedules in compliance with the Scope of Work, and to arrange a satisfactory operating agreement.

C.1.14 SECURITY:

C.1.14.1 The Contractor shall safeguard keys issued to them to perform the services required by this contract. All keys shall be returned to the government upon request and/or completion of the contract. Failure to return keys can result in withholding of payment.

C.1.15 The road across the dam may be closed from time to time during the life of this contract. The closure of the dam may continue for several months under certain construction and/or maintenance circumstances. The Contractor shall be prepared to take an alternate route during these times, at no additional cost to the government.

C.2 Definitions and Acronyms: The following definitions and descriptions apply wherever the word, phrase, or acronym is used in this performance work statement.

Acceptable Level of Performance: The maximum percent defective, the maximum number of defects per hundred units, or the number of defects in a lot that can be considered satisfactory on the average. The allowable leeway or variance from a standard before the government will reject the specific service.

Contracting officer's representative means an individual designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

Fully-Clothed: Deemed to mean that a sleeved shirt (or T-shit), trousers, and shoes shall be worn at all times: except that this requirement shall not be construed to replace or eliminate the necessity for the wearing of appropriate protective clothing or devices as may be required for the application of various chemicals.

Performance-Based Contract: (FAR 2.101) Structuring all aspects of an acquisition around the purpose of the work to be performed with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes as opposed to either the manner by which the work is to be performed or broad and imprecise.

Performance Requirements Summary (PRS): The PRS shows contract requirements, the component requirements related to each contract requirement, the price of each work requirement as a percentage of the associated contract requirement (Fixed Price Contracts), the standard of performance, and the acceptable quality level (AQL) for each work requirement.

Quality Assurance Surveillance Plan (QASP): An organized written document used by Government for quality assurance surveillance. Document contains sampling/ evaluation guides, checklists, and the performance requirements summary (PRS).

Quality Control (QC): A method used by the Contractor to control the quality of goods and services provided.

Quality Assurance (QA): A method used by the Government to provide some measure of control over the quality of purchased goods and services received.

Roadway Mowing: Right-of-way moving from road shoulder to the tree line. In the absence of a tree line, the distance shall be approximately 40 feet on each side of the road.

"Service contract" means a contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply. A service contract may cover services performed by either professional or nonprofessional personnel whether on an individual or organizational basis. Some of the areas in which service contracts are found include the following:

(a) Maintenance, overhaul, repair, servicing, rehabilitation, salvage, modernization, or modification of supplies, systems, or equipment.

(b) Routine recurring maintenance of real property.

(c) Housekeeping and base services.

(d) Operation of Government-owned equipment facilities, and systems.

"Shall" means the imperative.

C.3 Government-Furnished Equipment, Materials and Supplies.

None

C.4 Contractor Furnished Equipment and Supplies The Contractor shall furnish all equipment to accomplish the services specified in this PWS. All equipment must be approved by the Contracting Officer or the Contracting Officer's Representative prior to initial use. Equipment breakdown shall not relieve the Contractor of the responsibility of performing the work as specified. The Contractor shall assure that he has, or can obtain on short notice, sufficient backup equipment to continue the services as specified without interruption in the event of mechanical failure of his primary equipment.

C.4.1 Mowers shall be tractor mounted rotary type, capable of producing a smooth even cut, with a cutting height adjustable from 2 to 6 inches. Sickle bar mowers or “flail type” mowers will not be permitted. Blades shall be sharpened and/or replaced often enough to assure a smooth cut. All mowers shall be constructed to distribute grass clippings evenly to prevent clumps or windrows.

C.4.2 Trimming equipment shall consist of power hand mowers, "weed-eaters" or other type power trimmers, weed whips, and other equipment and tools as may be appropriate for the task.

C.5 Specific Tasks

C.5.1 All mowing and trimming shall be completed in an area prior to moving to another area. Grass shall be cut to a height between 3 and 5 inches as specified by the COR.

The Government reserves the right to designate the starting point (area or items to be mowed first) when ordering services under this contract. Many regular mowing areas consist of rocky terrain and heavily wooded areas and will require an extensive amount of trimming and hand mowing where larger mowers cannot maneuver satisfactorily.

Trimming shall include the removal of sprouts and heavily weeded growth. Prospective bidders are encouraged to visit and fully inspect all areas, accesses, locations, terrain, etc. prior to bidding. The Government shall not be held accountable for conditions at the site that were not taken into account by prospective bidders. Mowing and trimming operations around buildings and roadsides shall be performed so grass clippings are thrown away from buildings and away from the road whenever possible.

C.5.2 Mowing

C.5.2.1 Mowing operations shall not cause rutting or otherwise disturb existing turf.

Equipment shall be operated in such a manner as to protect against the sod being torn by the wheels on turns. Mowing is not permitted when the ground is so wet that operations cause rutting or otherwise disturbs existing turf.

C.5.2.2 All mowers (large and small) shall be compatible with each other in mowing height and appearance of cut grass. After mowing, areas serviced under this contract shall present a neat, well-cared-for evenly mowed appearance, free from ruts or any un-mowed strips or streaks.

C.5.3 Trimming:

C.5.3.1 Trimming is required in all areas. Grass and weeds shall be trimmed around trees, shrubs, buildings, fences, poles, posts, water hydrants, parking lots, curbs, parking lot bumper blocks (both sides), sidewalks, boulders, playgrounds, beaches, boat ramps and other fixed obstacles.

C.5.3.2 Trimming height shall match surrounding area grass heights. All areas shall be trimmed simultaneously, or immediately following mowing, and in all instances shall be completed no later than 24 consecutive hours after mowing.

C.5.3.3 Immediately following trimming, the Contractor shall remove grass clippings or debris deposited as a result of mowing and trimming operations from all sidewalks, entrances into buildings, and building interiors.

C.5.3.4 All camp pads, hydrant enclosures and dumpster enclosures are sprayed for vegetation control. The Contractor shall trim all dead vegetation and any grass and/or weeds growing along or within graveled camp pads, graveled hydrant enclosures and/or dumpster enclosures areas.

C.5.3.5 Extreme care shall be exercised when mowing and trimming around trees, bushes, shrubs, buildings, and other objects to insure that equipment does not come in contact with the object. All costs of repair or replacement in size, kind and type resulting from damage by the Contractor's equipment shall be borne by the Contractor. Repair or replacement shall occur with 30 calendar days of noticed damage.

C.6 Applicable Publications and Forms

C.6.1 MAP: Information on Pomona Lake can be found on the Internet at:

http://www.nwk.usace.mil/pomona/pomona_home.htm

C.6.3 Engineer Federal Acquisition Regulation Supplement (EFARS)

C.6.4 Engineer Manual (EM) 385-1 Safety

Performance Requirements Summary (PRS)

Section (Para)

Contract Requirement

Performance Standard Lot Description

ALP

Method of Surveillance

C.5.1

Mowing & Trimming

Grass shall be mowed to a height of 2” to 3” with no streaks or strips

Acre

2%

Random Sample

C.5.2

Mowing

Protect turf from equipment damage

# areas serviced

4%

C.5.3

Trimming

Grass and weeds are trimmed around fixed objects at the same time as mowing and to the same height standard.

Fixed objects not damaged

Linear feet or # fixed objects

C.5.3.3

Remove debris, clippings

Sidewalks, roads, building entrances and interiors free of clippings and other debris

# tasks

Sample, Validated Customer Complaint

W912DQ23Q1011

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0001AC Destination Government Destination Government 0001AD Destination Government Destination Government 0001AE Destination Government Destination Government 0001AF Destination Government Destination Government 1001 N/A N/A N/A N/A 1001AA Destination Government Destination Government 1001AB Destination Government Destination Government 1001AC Destination Government Destination Government 1001AD Destination Government Destination Government 1001AE Destination Government Destination Government 1001AF Destination Government Destination Government 2001 N/A N/A N/A N/A 2001AA Destination Government Destination Government 2001AB Destination Government Destination Government 2001AC Destination Government Destination Government 2001AD Destination Government Destination Government 2001AE Destination Government Destination Government 2001AF Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

0001AA POP 08-MAY-2023 TO

31-MAR-2024

N/A USACE, KANSAS CITY +

SCOTT RICE

POMONA LAKE PROJECT OFFICE 5260

POMONA DAM R

VASSAR KS 66543

8163893459

966221

0001AB POP 08-MAY-2023 TO

31-MAR-2024

N/A (SAME AS PREVIOUS LOCATION)

0001AC POP 08-MAY-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AD POP 08-MAY-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AE POP 08-MAY-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AF POP 08-MAY-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 N/A N/A N/A N/A

1001AA POP 01-APR-2024 TO

31-MAR-2025

N/A USACE, KANSAS CITY +

SCOTT RICE

POMONA LAKE PROJECT OFFICE 5260

POMONA DAM R

VASSAR KS 66543

8163893459

1001AB POP 01-APR-2024 TO

31-MAR-2025

N/A (SAME AS PREVIOUS LOCATION)

1001AC POP 01-APR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AD POP 01-APR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AE POP 01-APR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AF POP 01-APR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 N/A N/A N/A N/A

2001AA POP 01-APR-2025 TO

31-MAR-2026

N/A USACE, KANSAS CITY +

SCOTT RICE

POMONA LAKE PROJECT OFFICE 5260

POMONA DAM R

VASSAR KS 66543

8163893459

2001AB POP 01-APR-2025 TO

31-MAR-2026

N/A (SAME AS PREVIOUS LOCATION)

2001AC POP 01-APR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2001AD N/A N/A N/A N/A

2001AE POP 01-APR-2025 TO

31-MAR-2026

N/A USACE, KANSAS CITY +

SCOTT RICE

POMONA LAKE PROJECT OFFICE 5260

POMONA DAM R

VASSAR KS 66543

8163893459

2001AF POP 01-APR-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

Section H - Special Contract Requirements

WAGE DETERMINATION

https://sam.gov/wage-determination/2015-5339/20

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

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 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

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

DEC 2022

52.217-5 Evaluation Of Options JUL 1990 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-19 Compliance with Environmental Management Systems MAY 2011 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

JAN 2023

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

JAN 2023

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

JAN 2023

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

MAY 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Products or Commercial Services

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

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

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

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

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

___ (5) [Reserved]

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

C).

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

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

XX (8) 52.209-6, 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 (OCT 2022) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

XX (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.

XX (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

XX (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

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

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

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

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

____ (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.

XX (19) 52.219-14, Limitations on Subcontracting (OCT 2022) (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 (OCT 2022) (15 U.S.C.

657f).

XX (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

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

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (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 (OCT 2022) (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).

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

XX (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

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

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

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

XX (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.

XX (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.

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

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

13496).

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

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

XX (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

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

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

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

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

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

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

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

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

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

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

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

13513).

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

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

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

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

____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

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

____ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I [Reserved].

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

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

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

____ (50) 52.225-5, Trade Agreements (DEC 2022) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (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. Subtitle A, Part V, Subpart G Note).

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

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

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (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. 3805).

____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

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

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

XX (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.]

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

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

chapter 67).

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

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

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

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

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

13658).

_____ (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…

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