B.08.02 W9123722Q0009.pdf

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Attached to: East Lynn Lake Law Enforcement Services 2022-2026
Solicitation number: W9123722Q0009
Issued by: Department of the Army Corps of Engineers Engineering District Huntington

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SEE ADDENDUM

(No Collect Calls)

W9123722Q0009 19-Nov-2021

b. TELEPHONE NUMBER

304.399.5339

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 20 Dec 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

H1P0A009. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHAD M MILLER

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81F8E12996102

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 ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, CONTRACTING DIVISION

502 EIGHTH STREET

HUNTINGTON WV 25701-2070

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 963510 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

EAST LYNN LAKE

CHARLES MATHIS

683 OVERLOOK TRAIL RD

EAST LYNN WV 25512-8014

TEL: 304-849-2355 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$22,000,000

NAICS:

561612

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 OF67

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.

W9123722Q0009

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

The Government intends to award one firm-fixed price commercial service(s) contract.

The award will be based on low-price. Prospective offerors must complete the information below.

Estimated Delivery Time: __________________________________

Unique Entity Identifier (formerly DUNS): ___________________________

TAX ID: ________________________

IMPORTANT NOTICE: Effective September 26, 2018 and in accordance with FAR Clause 52.204-7, “an Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.”

Vendors are highly encouraged to check their registration status and plan accordingly prior to submitting an offer.

Please direct all questions to Chad Miller at (304) 399-5339 or chad.m.miller2@usace.army.mil. THE

SOLICITATION AND RESULTING CONTRACT SHALL BE THE GOVERNING DOCUMENT IN ALL

CASES.

QUOTES CAN BE E-MAILED TO Chad Miller at (304) 399-5281 or chad.m.miller2@usace.army.mil. Mailed offers will not be accepted.

CONTRACTOR FEEDBACK. Help us in BUILDING STRONG. Please provide us with your feedback, comments and recommendations for improvement by visiting our Interactive Customer Evaluation (ICE) Website at:

https://ice.disa.mil/index.cfm?fa=SiteSuggestions&site_id=856&dep=*DoD&suggestion_type=1

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

- U.S. Department of Labor Veterans’ Employment and Training Service (VETS):

https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index:

https://wct.army.mil/modules/employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

(End of special contract requirement)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 868 Hours Base Period - Patrol Services

FFP

Contractor shall perform law enforcement services as described in the attached Performance Work Statement at East Lynn Lake, Wayne County, West Virginia from May 13, 2022 through September 30, 2022. The unit price for the hours listed on this line item should include only the hourly rates for patrol manhours.

FOB: Destination

MILSTRIP: W81F8E12996102

PURCHASE REQUEST NUMBER: W81F8E12996102

PSC CD: S206

NET AMT

0002 868 Hours Base Period - Equipment Services

FFP

FOB: Destination

MILSTRIP: W81F8E12996102

0003 20 Hours Base Period - Orientation

FFP

FOB: Destination

MILSTRIP: W81F8E12996102

1001 868 Hours OPTION Option Period 1 - Patrol Services

FFP

Contractor shall perform law enforcement services as described in the attached Performance Work Statement at East Lynn Lake, Wayne County, West Virginia from May 12, 2023 through September 30, 2023. The unit price for the hours listed on this line item should include only the hourly rates for patrol manhours.

FOB: Destination

MILSTRIP: W81F8E12996102

1002 868 Hours OPTION Option Period 1 - Equipment Services

FFP

FOB: Destination

1003 20 Hours OPTION Option Period 1 - Orientation

FFP

FOB: Destination

2001 868 Hours OPTION Option Period 2 - Patrol Services

FFP

Contractor shall perform law enforcement services as described in the attached Performance Work Statement at East Lynn Lake, Wayne County, West Virginia from May 10, 2024 through September 30, 2024. The unit price for the hours listed on this line item should include only the hourly rates for patrol manhours.

FOB: Destination

2002 868 Hours OPTION Option Period 2 - Equipment Services

FFP

FOB: Destination

2003 20 Hours OPTION Option Period 2 - Orientation

FFP

FOB: Destination

3001 868 Hours OPTION Option Period 3 - Patrol Services

FFP

Contractor shall perform law enforcement services as described in the attached Performance Work Statement at East Lynn Lake, Wayne County, West Virginia from May 9, 2025 through September 30, 2025. The unit price for the hours listed on this line item should include only the hourly rates for patrol manhours.

FOB: Destination

3002 868 Hours OPTION Option Period 3 - Equipment Services

FFP

FOB: Destination

3003 20 Hours OPTION Option Period 3 - Orientation

FFP

FOB: Destination

4001 868 Hours OPTION Option Period 4 - Patrol Services

FFP

Contractor shall perform law enforcement services as described in the attached Performance Work Statement at East Lynn Lake, Wayne County, West Virginia from May 8, 2026 through September 30, 2026. The unit price for the hours listed on this line item should include only the hourly rates for patrol manhours.

FOB: Destination

4002 868 Hours OPTION Option Period 4 - Equipment Services

FFP

FOB: Destination

4003 20 Hours OPTION Option Period 4 - Orientation

FFP

FOB: Destination

PERFORMANCE WORK STATEMENT

PLAN OF OPERATIONS

FOR

LAW ENFORCEMENT SERVICES

EAST LYNN LAKE DAM AND RESERVOIR

WAYNE COUNTY, WV

1. The Contractor shall perform law enforcement services as described below at East Lynn Lake Dam and Reservoir, Wayne County, WV to include the following:

a) Damsite Area (Intake Building, Outflow Area, Office, Maintenance Compound I, Old Residence, Dam, etc.)

b) Overlook Recreation Area (Maintenance Compound II, Comfort Station, Shelters, Playground, Ponds, etc.)

c) Below Dam Recreation Area (Comfort Station, Playground, Shelters, Spillway, Outflow, Outflow Gage Building, etc.)

d) Laurel Creek Fishing Access Area (Outflow)

e) Lakeside Recreation Area (Marina, Comfort Stations, Shelters, Water Plant, Boat Launch, etc.)

f) Lick Creek Recreation Area (Comfort Station, Water Plant, Playground, Shelters, Boat Launch, etc.)

g) East Fork Recreation Area (Swim Beach, Fishing Accesses, Comfort Stations, Shower Houses, Fee

Station, Boat Launches, Campsites, Store, Sewage Plants, Storage Areas, etc.)

h) West Side – Licensed Wildlife Management Area

2. Services eligible for reimbursement shall be those scheduled patrols or surveillance as set forth in this agreement.

3. Patrol Officers shall have the following training and qualifications:

a) No less than one (1) year of experience as a certified law enforcement office with a

State, County, and or Local Police Department. All officers shall be certified law enforcement officers under the laws and regulations of the State of West Virginia.

b) Contractor shall provide only fully equipped formally uniformed officers and marked vehicles. Unmarked vehicles are not authorized for performance of work under this contract without prior coordination with and written approval from the Resource

Manager.

c) Contractor shall be required to provide proof of certification and/or arrest authority/police powers prior to officers beginning work on the project.

4. The Contractor’s duties shall include a combination of vehicle and foot patrols. Officers shall check gates, barricades, and doors for security or tampering as directed during the annual orientation meeting: officers will enforce all posted restrictions. Officers shall immediately investigate and report to the Resource Manager any vandalism, theft or suspicious and/or uncommon events and note any such activities including non-functioning security lights or other maintenance issues on the officer's Daily Law Enforcement Log. Foot patrol requirements and frequencies will be addressed by the East Lynn Lake Resource Manager at the orientation meeting. Officers may be required to close and secure areas if vandalism or emergency conditions exist; closed areas will require security checks at least once per shift or as directed by the Resource Manager.

5. Only one Officer is paid per shift under this contract specifications. The Resource Manager will provide a Work Calendar of available work dates and hours for the upcoming calendar year at the initial and option year orientation meetings. The contractor shall return the work calendar with assigned officers for all calendar dates and hours provided no later than two weeks prior to 1 May each year of the contract.

6. The Contractor’s patrol officer shall begin each shift at the time clock located outside the Project Office. Officers shall clock in and out for each shift worked. Officers shall remain in one of the designated areas or be in direct transit from one area to another for the entire duration of the scheduled shift. Officers shall make at least one vehicle or foot patrol through each area noted in paragraph 1.a. The Resource Manager may specify specific patrol locations, patrol areas, and patrol times to meet additional Project Security and Safety objectives. Officers shall refrain from access the Fee Station building except for emergency responses. Officers may utilize the Project Office when Project Staff are on duty and all recreation facilities other than the Fee Station.

7. Officers shall contact a radio check with an on-duty Ranger within 15 minutes of clocking in for the duty day.

Officer shall annotate the radio check and ability to contact a Ranger or not on the Daily Law Enforcement Log.

8. The Contractor’s patrol officer shall provide a Daily Law Enforcement Log in accordance with the attached Daily Law Enforcement Log, CELRH Form 2712, May 2010 (Attachment 1, CELRH Form 2712). Logs should include times and durations of patrols, customer contacts, incident responses, doors/gates checked, gates secured, investigations, warnings, citations, arrest, times of each activity, and any other pertinent information for the Resource Manager and Ranger Staff. Logs shall be filled out completely and legibly so that they are comprehendible to reviewing officials. The logs shall be submitted to the East Lynn Lake Resource Manager daily as specified in the orientation meeting. The Resource Manager may mandate specific log information to meet Project reporting and data collection needs.

9. All Officers who work any part of this contract must attend the orientation meeting (approximately 1 hour) conducted for the contract year. The Contractor shall be contacted well in advance to arrange a mutually agreeable date, time, and location for the meeting. Contractor will be paid hourly orientation rate (CLIN’s 0002, 1002, 2002, 3002, 4002) for all officers who are in attendance for the entire orientation meeting.

10. Contractor Officers shall work the days and hours assigned on the Law Enforcement Work Calendar only. The Contractor’s Representative may change assigned officers without approval and or notification of the Resource Manager. The Contracting Officer of Patrol Officer are not authorized to change scheduled duty hours. A change request to duty hours shall be submitted to the Resource Manager at least 48 hours in advance by the Contractor Representative. The Resource Manager will provide a written duty hour change approval or denial to the Contract Representative. Patrol hours worked outside of scheduled hours and without a written approval from the Resource Manager will not be paid or credited. The Resource Manager may verbally approval additional and or change in scheduled work hours for emergency situations as needed.

11. Contractor’s Officer shall interact in a professional and courteous manner with Corps of Engineers Employees and Contract Inspectors. Officers shall submit complaints and or disputes through the Contractor’s Representative to the Resource Manager or Contracting Officer. The Contractor shall remove Officers from the contract that are verbally or physically aggressive or intimidating Corps Employees or Contract Inspectors in performance of their contract oversight and management duties.

12. The Resource Manager and the Contractor’s representative shall be designated to issue and receive requests for reimbursable law enforcement services under this agreement. The Contractor’s representative may not be lower in grade or stature than the highest graded or stature officer working the contract.

13. Attached are the Monthly Patrol Calendars for the months of May, June, July, August, and September 2022, 2023, 2024, 2025, and 2026 (Attachment 2, Law Enforcement Calendars). On these calendars the times and total number of hours to be worked each day are specified.

14. The Contractor shall submit two copies of the invoice for payment to the Resource Manager no later than the 5th calendar day of each month for services provided the previous calendar month. The Contractor shall indicate the number of patrol hours worked, the starting and ending dates of the billing period, and the total charges.

15. Patrol Verification: The Government will monitor the Contractor’s performance in each functional area under this agreement by random sampling as defined in a Quality Assurance Surveillance Plan.

a) The Contractor’s patrol officer shall begin each shift at the Project Office as described in paragraph 6.

b) Gate Attendants will note arrival and departure times in their Daily Law Enforcement

Logbook.

c) Corps of Engineers will make periodic radio checks with the Contractor’s Officer to assure continued radio contact availability.

d) In the event the Contractor’s Officer is required to deviate from the agreement requirements, such as answering calls not related to the Government agreement, the Contractor’s Officer will notify Corps personnel in-person, by radio, or by phone (cellular or land line) prior to departure and again upon resumption of duty. In the event a Corps employee cannot be contacted then the officer will check out and in with the 911 dispatcher. The 911 operator will notify the Resource Manager via phone both when the Officer leaves the Project and when the Officer returns to the Project. If the Resource Manager doesn’t answer leave a message with the required information. The Contractor’s Officer will additionally document the hours absent from Government property on their Daily Law Enforcement Log. The Contractor will not be paid for any scheduled time that is not worked.

e) Completed Daily Law Enforcement Logs shall be signed by the Contractors Officer and submitted to the Resource Manager at the end of each shift per the directions provided in the orientation. Failure to properly complete Daily Law Enforcement Logs may result in the Contractor not being paid. Daily Law Enforcement Log sheets must be properly and legibly completed, contain all required information, and signed by the patrol officer. When logs are deemed illegible by the Resource Manager or requiring additional information the Contractor shall resubmit the log per the Resource Managers direction prior to the contractor billing for hours associated with the log.

16. Reimbursable Services: Regulations state that the U.S. Army Corps of Engineers (USACE) may negotiate for increased law enforcement only for portions of project that are operated and maintained by Corps of Engineers.

Therefore, reimbursement to the Contractor under this agreement is limited to patrols in those areas specified in Paragraph 1.

17. Patrol Summaries:

a) 2022 monthly patrol summary for Law Enforcement Contract at East Lynn Lake Dam and Reservoir, Wayne County, West Virginia.

Patrol Hour 1 Man-Hour + 1 Equipment Hour = 1 Patrol Hour

Patrol Hours

MONTH PATROL HOURS

May 154

June 208

July 234

August 144

September 128

TOTAL - PATROL HOURS 868

TOTAL - ORIENTATION HOURS 20

TOTAL - MAN HOURS 888

b) 2023 monthly patrol summary for Law Enforcement Contract at East Lynn Lake Dam and Reservoir, Patrol Hour 1 Man-Hour + 1 Equipment Hour = 1 Patrol Hour Patrol Hours

MONTH PATROL HOURS

May 158

June 204

July 234

August 144

September 128

MANHOURS PATROL 868

ORIENTATION MEETING 20

TOTAL MANHOURS PAYABLE 888

c) 2024 monthly patrol summary for Law Enforcement Contract at East Lynn Lake Dam and Reservoir, Patrol Hour 1 Man-Hour + 1 Equipment Hour = 1 Patrol Hour Patrol Hours

MONTH PATROL HOURS

May 174

June 222

July 220

August 144

September 108

MANHOURS PATROL 868

ORIENTATION MEETING 20

TOTAL MANHOURS PAYABLE 888

d) 2025 monthly patrol summary for Law Enforcement Contract at East Lynn Lake Dam and Reservoir, Wayne County, West Virginia.

Patrol Hour 1 Man-Hour + 1 Equipment Hour = 1 Patrol Hour Patrol Hours

MONTH PATROL HOURS

May 186

June 214

July 220

August 148

September 100

MANHOURS PATROL 868

e) 2026 monthly patrol summary for Law Enforcement Contract at East Lynn Lake Dam and Reservoir, Patrol Hour 1 Man-Hour + 1 Equipment Hour = 1 Patrol Hour Patrol Hours

MONTH PATROL HOURS

May 188

June 204

July 214

August 128

September 134

MANHOURS PATROL 868

18. SECURITY REQUIREMENTS

All Contractors and subcontractor employee(s) working on any contract who require access in and/or around any Huntington District facilities, projects, owned or leased facility/space shall receive authorization to be on site at these areas based upon a favorable background investigation in accordance with “Homeland Security Presidential Directive 12: Policy for a Common Identification Standard for Federal Employees and Contractors” (HSPD 12).

The Huntington District Security Management Office shall submit contractor(s) personal information to complete the basic background investigation in order to make a recommendation to the Contracting Office of an employee’s suitability for work on Government property. The Procuring Contracting Officer (PCO) has the right to deny any contractor or subcontractor employee from working on any contract based upon the results of the background investigation provided by the Huntington District Security Management Office. The Government, Contractor, and subcontractors shall not permit any employee(s) access to drawings, blueprints, records, photos, sites, or projects until the Huntington District Security Management Office has completed an Operations Security (OPSEC) review of such items and determined they can be released.

FOR ALL CONTRACTS 1-YEAR AND SUBSEQUENT OPTION YEARS:

Contractors shall submit a complete investigation packet for each contractor and subcontractor employee to the Huntington District Security Management office within 10 working days after award of any contract, or prior to the individual being permitted unescorted access in or on District facilities.

The Contractor must also provide the following: (1) Name of the Contract Specialist with whom he/she is working,

(2) Project Name, (3) Contract Number (4) Task Order Number when applicable, and (5) Security Information Sheet on each employee working on site must be submitted directly to the Huntington District Security Management Office.

The Contractor must provide a full legal name, complete SSN#, Date of Birth, Place of Birth (City and State) and Driver’s license number if available. It is the Contractor’s responsibility to ensure the above information is accurate and legible, otherwise delays may occur.

Contractors shall have background checks completed for their employees annually in the case of Contracts with option periods. For instance, if the employee was cleared in May of 2018, they shall be cleared again in May of 2019. It is the Contractor’s responsibility to ensure that each employee’s security is up to date. Failure to comply may lead to possible removal from the project/jobsite.

The Contractor must ensure if new employees are brought in to work on an existing Contract with the U.S. Army Corps of Engineers (USACE), they must process the employee through the Huntington District USACE Security Management Office for background purposes.

FOR CONTRACTORS REQUIRING DOD COMMON ACCESS CARDS (CAC)

The documents listed below are required:

SF 85, Questionnaire for Non-Sensitive Positions (see http://www.opm.gov/forms/ to print form). FD 258, Contractor Fingerprint Card (one card for digital prints, two for ink prints) (NOTE: a trained/qualified individual must take prints, ORI block on the FD 258 must be USOPM000Z) (Contractor Fingerprint Cards (FD-258) may be obtained by Contracting Division by contacting the Huntington District Security Management Office).

Contractor shall report any changes in personnel, or at any time conditions change at least 5 working days prior to individual(s) need to have access to the site. The Contractor shall provide the same information as listed above for all new employees.

Following submission of paperwork, the Huntington District Security Management Office will conduct an initial criminal check based upon the information provided. If there are no issues, the Huntington District Security Management Office will make recommendations to the PCO or their Designated Representative. The Huntington District Security Management Office cannot give approval due to unfavorable report(s). The Huntington District Security Management Office shall coordinate with Office of Counsel and will jointly make recommendations to the PCO and/or the Designated Representative should a background investigation come back with derogatory information. The PCO will make the determination whether to allow the Contractor personnel to work on the site based on Security and Office of Counsel recommendations, and the PCO will advise the Contractor of the decision.

FOREIGN NATIONALS

The Contractor shall provide the package listed above, as well as additional materials noted below for all Foreign Nationals. The Contractor is to expect additional time in the approval process for all Foreign Nationals due to the level of review and elevation of the review to Headquarters staff to complete. All Foreign Nationals must be cleared 30 to 45 days in advance of any site visit, tour or work on USACE owned/leased property. All Foreign Nationals must comply with the following paragraph:

In accordance with Engineering Regulation 380-1-18, “Technology Transfer, Disclosure of Information and Contacts with Foreign Representatives” dated 1 August 1996, Section 4, all foreign nationals who work on Corps of Engineers’ contracts shall be approved by the Headquarters US Army Corps of Engineers (HQ USACE) Foreign Disclosure Officer before beginning work on this contract; this regulation includes subcontractor employees. The Contractor shall submit to the Security Management Office, the names of all foreign nationals proposed for performance under this contract, along with documentation to verify legal admittance into the United States. Such documentation shall include at least one of the following: a U.S. passport, Certificate of U.S. Citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), Alien Registration Card with photograph (INS Form I-151 or I-551), Employment Authorization Card (INS Form I-688A), etc.

In order to assure forms are properly completed, and to minimize time delays, the Contractor is encouraged to work closely with the Huntington District Security Management Office. The Government will return for correction incomplete forms, illegible forms, etc. which will delay the contractor / subcontractor from beginning work. A scanned copy of a valid passport must be sent to the Security Management Office in order to formally request a visit to any Huntington District facilities, projects, owned or leased facility/spaces.

Security requirements are subject to change in accordance with HSPD-12, Office of Personnel Management, Engineering or Army regulation or policy changes, etc. The Government shall add any changes to security requirements by modification to the contract.

The Contractor shall contact the Huntington District Security Management Office by phone, letter, or email at the following numbers/addresses:

CELRH-SM

502 Eighth Street Huntington, WV 25701

Scott E. Grandon, phone (304) 399-5661; email scott.e.grandon@usace.army.mil Stephen R. Curry, phone (304) 399-5695; email stephen.r.curry@usace.army.mil Matthew D. Green, phone (304) 399-5294; email matthew.d.green@usace.army.mil

AT-OPSEC REQUIREMENTS

AT Level I Training. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

For contractors who do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

For Contracts that Require an OPSEC Standing Operating Procedure/Plan. This standard language text is for contractor employees with an area of performance for classified contracts or if the contract employee has access or responsibility to protect critical information. The Contractor, in collaboration with RA OPSEC Officer, shall develop an OPSEC Standard Operating Procedure (SOP)/Plan within 90 calendar days of contract award per AR 530-1 (Operations Security). The Contractor shall develop an OPSEC SOP/Plan within 90 days of contract award. The OPSEC SOP/Plan must be reviewed and approved by the RA OPSEC Officer. The SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator.

Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program(http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative.

This Form will be provided to the Contracting Officer and shall become part of the official contract file.

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

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 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-5 Evaluation Of Options JUL 1990 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

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.253-1 Computer Generated Forms JAN 1991 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 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity…

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