B.08.02 W9123722Q0010.pdf

PDF 1 MB Posted Nov 24, 2021

Attached to: Burnsville Lake Law Enforcement Services 2022-2026
Solicitation number: W9123722Q0010
Issued by: Department of the Army Corps of Engineers Engineering District Huntington

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SEE ADDENDUM

(No Collect Calls)

W9123722Q0010 24-Nov-2021

b. TELEPHONE NUMBER

304.399.5183

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 27 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.

W912379. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DANIELLE L MULLINS

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, CONTRACTING DIVISION

DANIELLE MULLINS, 502 8TH STREET

HUNTINGTON WV 25701

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

304-399-5281FAX:

TEL: 304-399-5348 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 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.

W9123722Q0010

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

The Government intends to award one firm-fixed price commercial service 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 Danielle Mullins at (304) 399-5348 or Danielle.L.Mullins@usace.army.mil. THE

SOLICITATION AND RESULTING CONTRACT SHALL BE THE GOVERNING DOCUMENT IN ALL

CASES.

QUOTES MUST BE E-MAILED TO Danielle Mullins at (304) 399-5348 or Danielle.L.Mullins@usace.army.mil.

Mailed offers will not be accepted. Faxed offers cannot be accepted at this time due to COVID-19.

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 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 984.60 Hours

BASE - FULL TIME

FFP

Contractor shall perform law enforcement services as described in the attached Performance Work Statement at Burnsville Lake, Burnsville, West Virginia from May 1, 2022 through September 30, 2022. The unit price for the hours listed on this line item are the hourly rates for manhours for a full time employee of the department.

FOB: Destination

PSC CD: S206

NET AMT

0002 109.40 Hours

BASE - PART TIME

FFP

1001 977.40 Hours

OPTION BASE - FULL TIME

FFP

Contractor shall perform law enforcement services as described in the attached Performance Work Statement at Burnsville Lake, Burnsville, West Virginia from May 1, 2023 through September 30, 2023. The unit price for the hours listed on this line item are the hourly rates for manhours for a full time employee of the department.

1002 108.60 Hours

OPTION BASE - PART TIME

FFP

2001 980.10 Hours

OPTION BASE - FULL TIME

FFP

Contractor shall perform law enforcement services as described in the attached Performance Work Statement at Burnsville Lake, Burnsville, West Virginia from May 1, 2024 through September 30, 2024. The unit price for the hours listed on this line item are the hourly rates for manhours for a full time employee of the department.

2002 108.90 Hours

OPTION BASE - PART TIME

FFP

3001 981.90 Hours

OPTION BASE - FULL TIME

FFP

Contractor shall perform law enforcement services as described in the attached Performance Work Statement at Burnsville Lake, Burnsville, West Virginia from May 1, 2025 through September 30, 2025. The unit price for the hours listed on this line item are the hourly rates for manhours for a full time employee of the department.

3002 109.10 Hours

OPTION BASE - PART TIME

FFP

4001 982.80 Hours

OPTION BASE - FULL TIME

FFP

Contractor shall perform law enforcement services as described in the attached Performance Work Statement at Burnsville Lake, Burnsville, West Virginia from May 1, 2026 through September 30, 2026. The unit price for the hours listed on this line item are the hourly rates for manhours for a full time employee of the department.

4002 109.20 Hours

OPTION BASE - PART TIME

FFP

PERFORMANCE WORK STATEMENT

FOR

LAW ENFORCEMENT SERVICES

BURNSVILLE LAKE

BRAXTON COUNTY, WV

1. The Contractor shall perform law enforcement services as described below at Burnsville Lake, Braxton

County, West Virginia, to include the following areas:

a. Riffle Run Campground

b. Riffle Run Day-Use Area (includes Downstream Area, Marina/Launch Area, Left Fork Picnic Area, and all areas around Burnsville Dam, the Resource Manager’s Office, and the Maintenance Compound)

c. Bulltown Day-Use Area (includes Launch Area, Beach, and Picnic Area)

d. Bulltown Confederate Overlook

e. Bulltown Campground

f. Bulltown Historic Area

g. Falls Mill Area

h. Falls Mill Route 19 Overlook

2. The Contractor has averaged 4 (four) brief trips to the project per week during the recreation season.

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

3. The Contractor shall provide only uniformed officers operating in marked vehicles. All patrol officers shall have the following training and qualifications:

a. One year's experience with a police department and training in law enforcement. All officers shall be certified by the West Virginia State Police Academy (in addition to one year's experience).

b. 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 Contractors duties shall include vehicle and foot patrols, or a combination of these patrols as necessary.

In special situations the Contractor may be requested to assist with patrols of the lake and/or wildlife management areas. These special patrols will be arranged in advance except in emergencies. Officers shall be actively engaged in enforcing all civil and criminal laws of the State of West Virginia and Braxton County, and shall enforce posted restrictions and assist visitors when requested. During each shift, all loops of each area shall be patrolled at least once, and officers shall talk to visitors to see if problems exist.

In addition, the Contractor’s officer may be asked to lock or unlock gates, barricades, buildings, or other facilities as requested by the Resource Manager or designee in any of the patrol areas listed in Paragraph 1.

Officers shall check gates, barricades and doors for security or tampering a nd t o a s su r e a c c e s s t o t h e m i s n o t r e s t r i c t e d at frequencies as instructed during the orientation meeting. Officers sha ll 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, a n d t h e se s h a l l b e no te d on the officer's daily log. Foot patrol requirements and/or frequencies will be addressed by the Burnsville Lake Resource Manager at the orientation meeting.

The Contractor’s officer shall check all areas around Burnsville Dam, the Resource Manager’s Office, and the Maintenance Compound, and be alert for security concerns.

Emphasis shall be placed on maintaining a family atmosphere. Rowdyism shall be dealt with, in cooperation with Rangers, normally by eviction from the area. Other areas of emphasis are drinking that disturbs others, illegal drug use, parking in the grass, more than two vehicles per site in the campgrounds, no pets in Loops E/F in Bulltown Campground, no-wake violations, litter, fireworks, etc. Due to the alcohol restriction at the Bulltown Beach, emphasis shall be placed on that area for visitor compliance.

During the period from 10:00 p.m. to the end of each scheduled shift, in accordance with posted restrictions or as directed by Burnsville Lake’s COR, the Contractor 's officer shall check and clear vehicles and visitors other than fishermen and boaters from the following areas:

a. Riffle Run Day-Use Area (includes Downstream Area, Marina/Launch Area, and Left Fork Picnic Area)

b. Bulltown Day-Use Area (includes Launch Area, Beach, and Picnic Area)

c. Bulltown Confederate Overlook

d. Bulltown Historic Area

e. Falls Mill Area

f. Falls Mill Route 19 Overlook

In situations deemed necessary by the COR or designee, the officer may be required to assist with evacuations and other emergency situations, to direct traffic, or to provide crowd control.

The Contractor will be provided with and held responsible for one key for each of the gates, buildings, and facilities he is requested to lock or unlock. Keys shall be returned to the Resource Manager upon completion of this contract.

5. The Contractor will be paid for one-man patrols as specified on the Work Schedule Calendars. During each patrol the officer shall make at least one visit to each designated area.

6. Attached as Exhibit B are estimated Work Schedule Calendars for May, June, July, August, and September. On these calendars, tentative dates, tours of duty, and total number of hours to be worked per day are specified.

Due to the variation in the number of full-time hours worked vs. part time hours worked, the Resource Manager may adjust the number of hours available to work on the Work Schedule Calendars monthly to maximize coverage. These adjustments will not result in a net increase in the dollar amount called for in this contract.

Also, as deemed necessary due to unexpected circumstances (e.g., special events, emergencies, etc.), the Resource Manager, with the mutual agreement of the Contractor, may reschedule hours allotted to optimize the service. Should the Contractor's officer be called away from Corps duty due to local law enforcement needs, which results in a decrease in hours served during the scheduled time, the Resource Manager may shift the balance of the unused hours to another date and time.

7. The Burnsville Lake Resource Manager and the Contractor shall be designated to issue and receive requests for reimbursable law enforcement services under this Contract Agreement.

8. The Contractor shall submit to the Resource Manager, Burnsville Lake, no later than the 5th day of each month, two copies of an invoice 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 using the following rates: Cost per man hour $_____ (regular time), Cost per man hour $_____ (overtime rate), and Cost for equipment hour $_____. The limit on payment for law enforcement services that may be claimed by the Contractor is $_________.

9. The Contractor's patrol officer shall provide a Daily Law Enforcement Log in accordance with the attached format (See Exhibit A). Completed daily logs shall be signed by the Contractors officer and shall be submitted to the Resource Manager or designated representative at least once monthly, no later than the 5th day of the month. Failure to properly complete Daily Enforcement Logs may result in the Contractor not being paid. Daily log sheets must be properly and legibly completed and signed by the patrol officer.

10. All officers who plan to work any part of this Contract agreement must attend the orientation meeting

(approximately 2 hours). The Contractor will be contacted well in advance to arrange a mutually agreeable date, time, and location for the meeting; and the Contractor will be paid the man-hour hourly rate for all officers who are in attendance for the entire orientation meeting.

11. Patrol Verification. The Contractor’s officer shall begin each shift at Riffle Run Campground at the time designated on the Work Schedule Calendars, unless an alternate starting place has been approved in advance by the Resource Manager. Upon arrival, the officer shall immediately document the entry time using the time clock provided at Riffle Run Campground. Once a patrol of all areas on the Riffle Run End of the Project (listed in Paragraph 1, Items A-B) is completed, the Contractor's officer shall clock out using the time clock at Riffle Run

Campground. Likewise, on the Bulltown End of the Project, the officer shall immediately clock in upon arrival using the time clock provided at Bulltown Campground. Once the officer has patrolled all the areas on the Bulltown End of the Project (listed in Paragraph 1, Items C-H), the Contractor’s officer shall clock out using the time clock at Bulltown Campground and proceed directly back to Riffle Run Campground. The Contractor will be reimbursed travel time between Riffle Run End of the Project and the Bulltown End of the Project at approximately 25-30 minutes one way. The Contractors officer shall maintain radio contact with the 911 Center and be available for call from Corps staff during transit times. Failure of the Contractors officer to clock out prior to departing one area and immediately after arriving at another area when traveling between areas may result in the Contractor not being reimbursed for required patrols.

At the beginning and ending of each shift, and each time a Contractor’s officer arrives at or leaves an area for any reason other than to be in direct transit from one of the areas listed in Paragraph 1 to another of these areas, the officer shall document the correct time using a time clock. Failure to properly clock in and out may result in the Contractor not being paid. In the event a time clock is missing or malfunctioning, the officer shall sign in and out and enter the correct arrival / departure time in the logbooks provided. From time to time the Corps Resource Manager/Rangers will make periodic radio checks with the Contractor's officer to ensure radio contact.

Officer(s) shall remain in the designated areas or be in direct transit from one area to another for the duration of the scheduled shift. From time-to-time Corps staff will contact the officer on duty in-person or via radio (appropriate Corps personnel have access to radio frequencies used by the Contractor and routinely monitor said frequencies during patrol hours. Use of these frequencies by Corps personnel is rare).

In the event Contractors officers are required to deviate from the agreement requirements, such as answering a call not related to the Government agreement, the Contractors officer(s) shall notify Corps personnel in-person, by radio, or by phone (mobile or land line) prior to departure and again upon resumption of duty, (as appropriate). In non-emergency cases, the time clock shall be punched prior to departure and again upon returning to duty. The hours in which the officer(s) is absent from designated patrol areas shall also be indicated on the daily enforcement log. The Contractor will not be paid for those hours. The Government will monitor the Contractors performance in each functional area under this agreement by random sampling as defined in a Quality Assurance Surveillance Plan.

Refer to number 6 (six) above for reallocation of unused hours.

12. SECURITY REQUIREMENTS

a. 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.

b. 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.

c. 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.

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

e. For Contractors that Require an OPSEC Standing Operating Procedure/Plan. 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.

f. 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.

13. SAFETY REQUIREMENTS

a. General. Contractor shall comply with all Federal, State and Local safety requirements including those specified by the Occupational Safety and Health Act (OSHA) in 29 CRF 1910 General Industry Standard, 1926 Construction Standard and the U.S. Army Corps of Engineers Safety & Health Requirements Manual EM 385-1-1 as currently revised at date of solicitation. Where a conflict exists between safety standards/requirements the contractor shall comply with the more stringent requirement. If the Contractor fails or refuses to promptly comply with safety requirements as specified herein, any project employee may stop all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such work stoppage shall be made subject to any claims for extension of time or for excess costs or damages sustained by the Contractor. Also, the Contractor will not be paid for work not performed as a result of the stop order.

b. Contractor Safety Meetings. Special attention is given to the requirement for monthly and weekly safety meetings. The Contractor may use safety program materials available from the Huntington District’s Safety and Occupational Health Office for these meetings, subject to availability. The Contractor shall inform the COR a minimum of 7 days prior to each Contractor monthly safety meeting of the date, time, location, and agenda of that meeting.

c. Public Safety. The Contractor shall ensure that reasonable precautions are taken to protect the public at all times where work is being performed. The Contractor shall immediately report to the COR any potential hazards found by his employees on the project. The Contractor shall not allow any persons, except employees, into work areas that are not otherwise open to the public; nor shall the Contractor transport in

Contractor work vehicles any persons, except employees, during times the Contractor is on the project performing work.

d. Accident/Mishap Reporting: The Contractor shall report all recordable mishaps to the GDA within 24-hours in accordance with EM 385-1-1 Section 01.D. Accidents shall be investigated to determine causal factors and corrective actions shall be implemented. Accidents resulting in: days away injuries, days away illnesses, restricted/transfer injuries, property damage of $5,000.00 or more shall be investigated and reported to the GDA using the USACE Accident Investigation Report Form ENG 3394 within 24 hours of the occurrence.

(1) Immediate notification to the GDA is required for all serious accident

a. Fatal Injury/illness;

b. Permanent totally disabling injury/illness;

c. Permanent partial disabling injury/illness;

d. One (1) or more persons hospitalized as inpatients as a result of a single occurrence;

e. $500,000 or greater accidental property damage;

f. Three (3) or more individuals become ill or have a medical condition suspected to be related to a site condition, or a hazardous or toxic agent on the site;

g. USACE aircraft destroyed or missing;

The Contractor shall maintain an OSHA Log of Work Related Injuries and Illnesses, OSHA Form 300 and comply with all accident reporting and recordkeeping requirements specified in 29 CFR 1904.39.

(2) In addition to the above, any mishap occurring in any of the following high hazard areas shall be reported immediately to the GDA, investigated and corrective actions implemented.

a. Electrical (includes Arc Flash, electrical shock, etc.);

b. Uncontrolled Release of Hazardous Energy (includes electrical and non-electrical);

c. Load Handling Equipment (LHE) or Rigging;

d. Fall-from-Height (any level other than same surface)

e. Underwater Diving

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 52.219-4 (Dev) Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (DEVIATION 2020-O0008)

SEP 2021

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 252.201-7000 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 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

252.209-7004 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 that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(ii) For covered services--

(B) If not associated with maintenance, the 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)(2) of this provision.

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (SEP 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

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

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

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

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an…

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