B.08.02Aquatic Plant Control Solicitation.pdf

Request for Quotation (RFQ) Aquatic Plant Control Services W912DR-22-Q-0037

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

PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE.

DISCLAIMER: The Government is not liable for information furnished by any other source.

This will normally be the only method of distributing information. Therefore, it is the responsibility of any interested parties to check the website periodically for any further postings.

Websites are occasionally inaccessible due to various reasons. The Government is not responsible for any loss of internet connectivity or for inabilities to access the documents posted on the referenced web pages. Interested parties should refresh the page periodically when accessing. The government will not issue paper copies

Section A

The U.S. Army Corps of Engineers (USACE), Baltimore District, will procure Aquatic Plant Control Services at Raystown Lake, as further detailed in the Performance Work Statement.

This solicitation will result in an award based on lowest price technical accepted as best meets the needs of the Government. The proposed contract will be from Date of Award to 30 September 2022.

The proposed contract is 100% set-aside for small business concerns. All responsible, qualified small businesses may submit an offer which will be considered by the Baltimore District Corps of Engineers. The North American Industry Classification System (NAICS) code is 561730 size standards of $8 Million, PSC code F105. Offerors shall be registered at the System for Award Management (www.sam.gov) to be eligible for award. To register you will need your DUNS/UEI number. https://www.sam.gov/portal/public/SAM.

Instructions for registering are on the website.

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

All questions shall be submitted via e-mail to nastashia.d.willoughby@usace.army.mil no Later than Friday, April 27, 2022, at 2:00 PM EST.

Section B - Supplies or Services and Prices

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

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

Section C – Descriptions and Specifications

Performance Work Statement

U.S. Army Corps of Engineers Baltimore District

Raystown Lake Project Aquatic Plant Control

1.0 Introduction: The U. S. Army Corps of Engineers at Raystown Lake is requesting aquatic plant control services. Contractors shall be capable of providing services on Federal lands.

The Contractor shall furnish the required personnel, equipment, instruments, and transportation, as necessary to accomplish aquatic plant control services on the Raystown Lake Project in Huntingdon County, Pennsylvania. The Contractor shall furnish to the Government reports and other data together with supporting material developed. During the execution of the work, the Contractor shall provide adequate professional supervision and quality control to assure the accuracy, quality, completeness, and progress of the work.

Generally, the purpose of this contract is for the Contractor to provide and apply aquatic herbicide to manage monoecious Hydrilla verticillata at Raystown Lake locations.

2.0 Background: Raystown Lake conducted five aquatic plant surveys from 2017-2021. It was determined that 25% of the 8,300 surface acres had sparse to dense patches of Hydrilla verticillata. The data collected from these surveys determined locations and priority of treatment described in Section 3.1.1.1.

3.0 General Requirements: The Contractor shall provide all management, supervision, labor, boats, transportation, equipment, supplies, materials, and quality control necessary to apply herbicidal materials to targeted aquatic vegetation at the Raystown Lake Project, Baltimore District, U.S. Army Corps of Engineers in accordance with the specifications contained herein. The aquatic plant infestations vary from sparse patches of plants to very dense uniform mats. Approximately 95% of the work may involve the control of Hydrilla verticillata. The Contractor must comply with all applicable county, state and Federal laws and regulations; specifically, those related to aquatic herbicide activities. All boats comply with the safety requirements as detailed in the USACE Health and Safety Manual, EM 385- 1-1, available at http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsMa nual.aspx.

The Contractor must possess spray pumps for each boat and the ability to spray foliar as well as through a minimum 10ft weighted drop hoses that have been calibrated to ensure proper placement of herbicide at desired rate. The weighted drop hoses must be minimum 1/2" in diameter and pesticide rated. Two people are always required on the boat during aquatic herbicide treatment. The Contractor is required to confirm and provide two minimum 18 ft boats with SONAR and GPS, with the ability to load treatment plots onto unit as well as provide treatment tracks. The Contractor will be paid based upon the areas of successfully treated invasive aquatic vegetation, as identified in section 3.1 and as verified by Government inspectors. Hydrilla beds are expected to be patchy and range from approximately 0 – 10 ft. depths in an approximately 65-acre total area (Appendix A).

The Contractor will not perform aquatic plant control services under any conditions where the task cannot be completed properly to obtain the Government’s goal. The Contractor shall minimize non-target and native aquatic plant species. The Contractor shall notify the Government 24 hours in advance of spraying operations. Spraying operations may be suspended temporarily due to weather conditions such as high winds, rain, or anticipated rain. No spraying will be conducted on Federal Holidays or weekends. Due to the nature of this work, growing seasons, and potential high-water events, exact location of the acres to be treated could vary slightly at time of performance, but the total acreage will be treated regardless of location.

The Contractor and all Contractor employees shall be subject to the rules and regulations provided in Title 36, Code of Federal Regulations, Part 327, during the performance of this contract. Upon request a copy of these provisions can be provided by the Government.

Any work performed outside the scope of this contract must be negotiated in advance.

Failure to acquire advance approval will result in the Contractor not being compensated for the work performed outside the scope.

The Contractor may not fill herbicide tanks from any Corps body of water or Corps water source without prior inspection and approval of filling hoses, valves (check valves required), and pumps by the Contracting Officer’s Representative, Raystown Lake or designated representative.

3.1 Work Task Description: There are nine (9) focused areas of treatments summarized below. The Contractor must bid on all line items to be considered for award.

3.1.1 Aquatic Herbicide Application.

3.1.1.1 For the aquatic herbicide application to be most effective, it must occur during the growing season after the hydrilla tubers have sprouted (estimated to be mid-June) and prior to significant new tuber formation (estimated to be mid-July). The Contractor is responsible for determining ideal treatment dates and shall coordinate all treatments with the Government. It is estimated that treatment shall be targeted for early late-June 2022 to late-August 2022. Treatment timing will be based on numerous social, logistical, and technical factors and will be conducted early in the week to avoid any potential use restrictions over a weekend period.

If at any point it appears this target date as described here cannot be met the Contractor will notify the Contracting Officer Representative (COR). The Contractor shall treat a total of 65 acres with a volume of endothall or equivalent to achieve an overall target concentration of 3.0 ppm. This will require the application of an estimated 766 gallons and 295 pounds of endothall in the project area. The Contractor shall also apply 110 pounds of Harpoon Gran to Weaver Falls Boat Launch and Senoia Boat House prior to two back-to-back Super K treatments (24 hours in between treatments). When spraying along banks of waterways, the Contractor shall take care to avoid spraying bank vegetation.

The Contractor shall perform herbicide treatments only in the waterway proper, from bank to bank, to ensure an effective and thorough kill of unwanted aquatic species. No spraying should be performed on the banks of streams, near the bases of trees in or near bank areas. The overall objective is to remove hydrilla biomass to reduce potential for further spread. Re-performance of unacceptable services at no additional cost is the course of action when appropriate.

Location to be Treated and approximate area

Target Concentration

Estimated gallons/lbs

Treatment Seven Points Areas (Aquathol) 5.88 Acres 3 ppm 70 Senioa Boat House (Super K) 0.64 Acres 3ppm 135 lb Aitch Boat Launch (Aquathol) 19.47 Acres 3 ppm 185 Brumbaugh (Aquathol) 12.45 Acres 3 ppm 118 James Creek Boat Launch (Aquathol) 3.36 Acres 3 ppm 32 Grove Farm (Aquathol) 3.77 Acres 3 ppm 49

3.1.1.2 In order to achieve the highest possible eradication level the contractor shall:

Following initial application, the Contractor shall collect endothall concentration samples within 24 hours of herbicide application. The contractor will send these samples to an independent testing lab to determine if the desired concentration of endothall was reached. Samples will be collected for each location within the seven-line-item areas.

The contractor shall contact the Gov. QA representative 2 days in advance of the spraying to allow the Gov. the opportunity to collect additional samples.

The Contractor shall provide a post-treatment assessment that documents field conditions within 24 hours of application. Assessment conditions will be described on the Post Application Documentation Form (Attachment D). This form documents the type and performance of equipment that was used; total gallons and type of herbicide applied; total number of acres of hydrilla treated; and total hours of actual treatment time.

The contractor will submit a final report that will document the percentage of kill to the targeted species for each area. Data for the report should not be collected until full effect of the herbicide is achieved which is approximately 21-30 days. In addition, the lab results of endothall concentration levels and the PADF forms mentioned above will also be submitted with the report.

3.2 Period of Performance: Services provided under this Contract must occur during designated time periods. The period of performance for this contract shall run from date of award to September 30, 2021. The Contractor may complete work tasks from 6:00AM - 6:00PM, Monday through Friday, excluding holidays, unless prior approval is given by the COR or their representative.

3.3 Compliance: All work conducted under this contract shall be performed in compliance with all applicable county, state, and Federal laws, and regulations.

3.4 Pre-Bid Tour/Pre-Work Conference: A pre-bid tour will be coordinated with the

Contracting Specialist and set for 10:00 am at the Raystown Lake Visitor Center.

The Contractor is required to attend a pre-work conference before the commencement of work. The meeting will be held at Raystown Lake at a time that is mutually agreeable to the Contractor and the Government. The Contractor shall provide the following documents prior to the pre-work conference:

Accident Prevention Plan (see Section 6.0) Pollution Prevention Plan (see Section 6.0) Proof of Insurance (see Section 10.0)

4.0 Contractor Provided Materials and Requirements.

Raystown Resort (Aquathol) 13.68 Acres 3 ppm 263 Gate 35 Fields (Aquathol) 5.17 Acres 3 ppm 49 Weaver Falls Boat Launch (Super K) 0.78 Acres 3 ppm 160 lb

Total 766 gallons/295 lbs

4.1 There must be at least one Contractor employee with current applicator certification/license on site during all applications. That employee must possess a current Pennsylvania Commercial Applicators Pesticide License under the appropriate category for which treatment is taking place. Some expected licensing requirements may be Park Pest Control (23), Weed (14), Right of Way (10), Lawn and Turf (07), Ornamental and Shade Trees (06), Aquatic (09). This listing is intended as informational only. State laws covering types of licenses may require different categories other than listed here. A copy of the licenses must be furnished to the COR prior to the commencement of work.

4.2 The Contractor shall furnish the Raystown Office copies of the current herbicide labels a2nd Safety Data Sheets (SDS) prior to the application of each herbicide utilized in the treatment. The Government reserves the right to review and/or deny the use of any chemical to be applied on the project site.

4.3 The Contractor is responsible for the calibration of their equipment and the application methods to achieve the specified rates of application.

4.4 The Contractor shall coordinate the locations for mixing and preparing herbicides with the COR or their representative. A spill containment system will be properly used during all mixing operations on Government property and will be approved by the COR or their representative. The Contractor shall notify the COR immediately of any non-contained herbicide spill and take appropriate action to mitigate the spill and decontaminate the site.

5.0 Government Provided Materials.

5.1 Keys will be provided to the Contractor by the Government for executing the duties of this contract per Section 7.0.

5.2 GIS/Maps Files: Upon request by the Contractor the Government will provide maps and/or GIS files to include, but not limited to aerial photography, topography, project boundary, project gates, and project roads.

6.0 Safety: The Contractor and Contractor Employees shall meet all applicable requirements of

Corps of Engineers Manual EM 385-1-1 dated 30 November 2014 entitled “Safety and Health Requirements Manual” (website location http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385- 1-1.pdf), OSHA Regulations, and all State and Local safety codes while in performance of this contract.

6.1 Accident Prevention Plan. The Contractor shall develop and submit a written detailed accident prevention plan. This plan must indicate in detail the general policies and procedures for safe operation in the accomplishment of this contract. A cover letter identifying the Contractor or Company name, address, phone number, email (if applicable), contract number and current year will accompany the plan. The plan will show how the Contractor intends to perform all services in full compliance with the safety requirements set forth in EM 385-1-1, Appendix A. A signed letter of certification which references the contract and current year and states if the original plan remains current (or lists changes if applicable) is acceptable following the base year pre-work conference. All plans, or subsequent revisions, must be acceptable to the government BEFORE work commences. An example Accident Prevention Plan outline and checklist of requirements in included as Appendix B.

6.2 Pollution Prevention Plan. The Contractor shall prepare a Pollution Prevention Plan for the Government’s approval prior to the application of aquatic herbicide. This plan shall cover the storage, transfer, transport, and application of hazardous chemicals (herbicides, fuel, etc.). The plan shall address spill prevention and cleanup at a minimum.

6.3 Safety Officer. The Contractor shall designate a Contractor Employee to be responsible for overall supervision of accident prevention activities. Such duties will include assuring applicable safety requirements are incorporated in work methods and inspecting the work to ensure that safety measures are in action.

6.4 Reporting. The Contractor shall maintain an accurate record of, and report to the

COR exposure data. All accidents resulting in death, traumatic injury, occupational disease, and damage to property, materials, supplies and equipment incident to work performed under this contract will be documented. All accidents shall be reported within 24 hours of the occurrence. All accidents resulting in death or injury requiring medical attention shall be reported immediately.

6.5 Safety Equipment. The Contractor shall observe all speed limits and other posted traffic signs in the operation of vehicles and equipment. Trucks or other vehicles will be operated in a safe manner and will not be parked in unsafe positions. Safety Equipment: each boat, shall contain all safety equipment required by the US Coast Guard Auxiliary for the size of the boat and the number of persons and equipment aboard. The US Coast Guard Auxiliary requirements are more stringent than those of the US Coast Guard. A summary of the USCG and USCGA requirements is listed in Chapman's Piloting, Seamanship, and Small Boat Handling, which volume is not incorporated into the specifications. Also refer to the applicable provisions Of the US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1. The Contractors shall wear a USCG approved and serviceable lifejacket during application. Wearable and throwable personal flotation devices shall have covers which are impervious to the chemicals being applied, or shall have removable, washable covers. All safety equipment required for placement of the herbicides, as specified on the herbicide label, shall also be used. In the event of a conflict between any of the various safety references above, the most stringent requirements shall be followed.

7.0 Security: The Contractor and Contractor employees will ensure all gates and other areas will be secured, in the way they were encountered, upon vacating the area.

7.1 Keys: If deemed necessary, keys will be provided to the Contractor to access areas exclusively for the performance of this contract. The keys shall be returned to Government after all work tasks have been completed. If keys are not returned to the Government $300 will be deducted from the Contractor’s final invoice.

7.2 Restrictions: Any use of Government keys other than for the performance of this contract is strictly prohibited. Making or being in the possession of duplicate keys is prohibited. Misuse of keys is grounds for dismissal of Contract Employees or termination of the contract.

7.3 Loss: Any loss of keys will be reported to the Government within 24 hours. Any loss of the keys will be addressed in section 7.1 of this contract.

7.4 Access and General Protection/Security Policy and Procedures: All Contractor and associated sub-contractor 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 or background investigation and to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. Contractor workforce shall comply with all personal identity verification requirements 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.

7.5 Suspicious Activity Reporting Training. (e.g. iWATCH, CorpsWatch, or See

Something, Say Something). The Contractor shall receive a brief/training (provided by the COR) 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 or his/her authorized representative. 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.

7.6 Escorts. The Contractor shall coordinate with the COR and/or the facility security office for access when required. All Contractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

7.7 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 (three) business days after the initial contract award.

8.0 Personnel.

8.1 Contractor Personnel. A list of all employees required to satisfactorily perform the requirements of this contract shall be furnished by the Contractor. The Contractor shall provide adequate supervision of his/her employees to ensure compliance with contract specifications.

8.2 Requirements. All Contract Employees must meet the following requirements prior to starting and during the performance of this Contract.

U.S. CITIZEN: Contract Employees must be citizens of the United States of America, be an alien under lawful admittance for permanent residence as evidenced by an Alien Registration Receipt Card (Form 1-151), or be able to present other INS evidence that employment will not affect his/her immigration status.

AGE: Contract Employees must be at least 18 years of age.

DRIVERS LICENSE: Contract Employees must possess a current driver’s license valid in the Commonwealth of Pennsylvania.

GENERAL: Contract Employees must be in good health. The Contractor shall insure on-site representative(s) ability to communicate in the English language.

8.3 Misconduct. The Government reserves the right to dismiss Contract Employees or terminate the contract for failure (single or repetitive) to meet any of the requirements and standards contained herein; or which causes discredit to the Government or Contractor, as determined by the COR.

8.4 Behavior. The Contractor and their employees will hold themselves to the standard of acceptable behavior expected of the public and to all rules and regulations for Government property and facilities, while on project lands and/or in performance of Contract duties. The COR reserves the right to deem any behavior not addressed herein as unacceptable.

8.5 Drugs and Alcohol. The Contractor and their employees shall not use or be under the influence of drugs or alcohol at any time while in the performance of the contract.

8.6 Government Personnel. Government Employees may be near the Contractor’s designated area of work. The Contractor shall cooperate fully with all Government Employees and shall not impede the work of others in any way.

9.0 Quality Assurance. The Government Quality Assurance Surveillance Plan (QASP) is subject to change during the life of this contract and the Contractor will be made aware of any changes. The quality assurance plan referenced below is included for information purposes only.

9.1 Inspections. The Government will inspect the Contractor’s services to assure the requirements of the contract are provided as specified, with deficiencies brought to the attention of the Contractor. The Government has the right to inspect and test all services called for by the contract, to the extent practicable always and places during the term of the contract. The Government will perform inspections and tests in a manner that will not unduly delay the work.

9.2 Re-Inspection. Should it become necessary for the QA to perform re-inspections of defective work that was required to be redone and was not performed (due to failure of the Quality Control system), the government may withhold payment for the service that was not performed and document the Contractor’s performance as unsatisfactory.

9.3 Methods. The Government will monitor the Contractor’s services using the planned sampling method. The frequency of inspection will vary from not less than 25% of the work accomplished to 100%.

10.0 Insurance Requirements.

10.1 Required Insurance. Contractor shall provide insurance pursuant to the contract clause entitled, 52.228-5, Insurance – Work on a Government Installation. The Contractor shall procure and maintain the required insurance during the entire period of performance under the contract, following minimum insurance:

Type Amount Comprehensive General Liability $500,000 per occurrence Bodily injury or death

Motor Vehicle Liability (for each motor vehicle): $200,000 per person Bodily injury or death $500,000 per occurrence

Property Damage: $20,000 per occurrence

Workers’ Compensation and Employer’s Liability: $100,000 per person

10.2 Documentation. Prior to the commencement of work, the Contractor shall furnish to the COR a current certificate or written statement of insurance requirements of the contract. Policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the Laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer. Additionally, said policies shall list the Government as additionally insured.

11.0 Inspections, Deductions, and Default.

11.1 Inspections. All work shall be performed in an orderly fashion consistent with the specifications as outlined in this PWS. During the execution of the contract the COR or their representative will conduct inspections of all aquatic herbicide treatments to determine applicable performance requirements, as outlined in Sections 3 and 9, are being met. The Contractor will provide a letter stating that all work tasks have been completed in accordance with the contract requirements. Once the COR receives this letter a final inspection of work be documented, and an evaluation of timeliness and efficiency will be performed at this time.

11.2 Deficiencies. If any of the services, in any measure, do not conform with contract requirements the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount.

When defects in services cannot be corrected by re-performance, the Government may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements, at no increase in contract amount.

11.3 Deductions. If the Contractor fails to correct defects by re-performance and/or take the necessary action to ensure future performance in conformity with contract requirements in a timely fashion the Government may, by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service. These charges will be deducted from the Contractor’s next invoice (FAR52.246-4). The Contractor shall be provided an itemized breakdown of each deduction made.

11.3.1 The Contractor shall be responsible for repairing or replacing damaged property to the satisfaction of the OPM due to Contractor negligence.

Repairs or replacement of damaged property must be made within seven days or less of the incident. The Government will make all necessary repairs or replacement of damaged property and all costs associated with said repairs or replacement will be deducted from the next invoice received from the Contractor.

11.3.2 Default of the contract shall be considered for various reasons relating to nonperformance of the contractual specifications. Following is a partial listing of reasons for which default may be considered:

Repetitive failure to adhere to contract specifications Repetitive deductions for non-performance

Repetitive safety violations Repeated abuse of key privileges Excessive cases of damage to Government or private property Excessive cases of substantiated public complaint

12.0 Invoices and Payment.

12.1 Invoices: The Contractor shall submit itemized invoices after the completion each work task or after completion of all aquatic herbicide treatments. Invoices shall accurately reflect work completed. Each invoice, at a minimum, shall contain the following information:

• Contractor name and address (exactly as it appears on the contract)

• Contract number and call number

• Date of invoice submission

• Invoice number

• Invoice total

12.2 A final report (Section 3.1.1.2) that documents the percentage of kill to the targeted areas, the lab test results of endothall concentration levels and the PADF forms must be submitted with the final invoice.

12.3 Corrections.

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

12.4 Remittance.

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

VIA Post Mail: ATTN: Dana Burk

U.S. Army Corps of Engineers Raystown Lake Project 6145 Seven Points Road Hesston, PA 16647

VIA Electronic Mail: To: Dana.A.Burk@usace.army.mil Cc: Alicia.E.Palmer@usace.army.mil

Section F – Deliveries of Performance

The Period of Performance will be from date of award to 30 September 2022.

Section G – Contract Administrative Data

Contracting Officer Statement

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

Section H – Special Contract Requirements

ANTITERRORISM/OPERATIONS SECURITIES-OPSEC

A. 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."

B. 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.

C. 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."

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

E. 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.

Section I – Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2021 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications

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

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

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(JAN 2022)

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

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

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

115-91).

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

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

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

3509).

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

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

___ (5) [Reserved]

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

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

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

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

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

____ (10) [Reserved]

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

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

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

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

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

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

X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

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

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

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

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

X (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

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

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

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

X (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

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

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

13126).

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

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

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

X (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

X (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

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

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

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

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

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

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

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

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

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

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

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

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

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

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

8259b).

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

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

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

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

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

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

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

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

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (JAN 2021) of 52.225-3.

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

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

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

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

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

____ (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(OCT 2018) (31 U.S.C. 3332).

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

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

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

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

206 and 41 U.S.C. chapter 67).

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

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

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

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

_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022) (E.O.

13658).

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

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

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

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor…