B.08.03 Solicitation 22 R 1016 post.pdf

Section A - Solicitation/Contract Form

COMBINED SYNOPSIS/SOLICITATION

Section A - Solicitation/Contract Form

SYNOPSIS/SOLICITATION

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

The solicitation number for this acquisition is W912DQ-22-R-1016 and it is being issued as a Request for Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-94 (effective 19 January 2017).

This acquisition is set aside 100% for small business concerns. The associated North American Industry Classification System (NAICS) code is 561730 and the associated small business size standard is $8,000,000.00.

A list of the contract line item numbers and items, quantities, and units of measure are detailed in Section B of this combined synopsis/solicitation.

A description of requirements for the items to be acquired are detailed in Section C of this combined synopsis/solicitation.

The dates and places of delivery and acceptance are detailed in Sections E and F of this combined synopsis/solicitation.

FAR 52.212-1, Instructions to Offerors – Commercial, does apply to this acquisition with no addenda to the provision.

FAR 52.212-2, Evaluation – Commercial Items, does apply to this acquisition. In accordance with FAR 13.106, the solicitation will be awarded to the offeror providing the best value to the Government based upon three (3) evaluation factors: Past Performance, Relative Experience, and Price.

Offerors must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items, with its proposal. This provision is included in Section K of this combined synopsis/solicitation. If the offeror has up-to-date representations and certifications in the System for Award Management (SAM) website, then this completed provision is not required to be submitted with the offeror’s proposal.

FAR 52.212-4, Contract Terms and Conditions – Commercial Items, does apply to this acquisition with no addenda to the provision.

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

VENDORS INTERESTED IN RESPONDING TO THIS COMBINED SYNOPSIS/SOLICITATION MUST

SUBMIT THEIR PROPOSAL ON THE ATTACHED FORM. Any questions must be submitted by e-mail to the point of contact below.

The System for Award Management (SAM) is a Federal Government owned and operated free web site that consolidates the capabilities in CCR, ORCA, and EPLS. All vendors must verify their information through this web site. If you were previously registered in CCR and ORCA, your organization’s information is already in SAM. You just need to set up a SAM account and migrate your CCR roles. If you were previously registered in CCR, your registration should have been moved to SAM, and you just need to open an account, see the following link for instructions: https://www.sam.gov/sam/transcript/Quick_Guide_for_Migrating_Roles_v1.8.pdf.

If you were not previously registered, please go to https://www.sam.gov. Instructions for new registration are also located at the following link https://www.sam.gov/sam/transcript/Quick_Guide_for_Contract_Registrations_v1.7.pdf to register.

Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.sam.gov or by calling (866) 606-8220.

If you have questions about Government procurements in general or need assistance in the preparation of your proposal, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptacus.org/new/Govt_Contracting/find.php.

The due date for the receipt of proposals is 22 February 2022 at 02:00 P.M. local time. The due date for the receipt of questions in regards to this combined synopsis/solicitation is three (3) calendar days prior to the due date.

Proposals must be received electronically at john.h.akin@usace.army.mil. Adobe (.pdf) or Microsoft Word (.doc) are acceptable formats for submitting proposals. The electronic file must be under 8MB total to ensure it can be received by e-mail. If you are having any issues submitting your proposal, please contact Richard Mathena as soon as possible.

The Government reserves the right to cancel this combined synopsis/solicitation. Any questions should be sent to John Akin at (816) 389-3577 or at john.h.akin@usace.army.mil.

FOR INSTRUCTIONS - Please see SECTION L of the solicitation (Instructions/Notice to Vendors).

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Tuttle Creek Mowing Services Base Year

FFP

Perform mowing services IAW attached specifications.

NET AMT

0001AA 5 Job South of Blue Rapids Mowing

FFP

South of Blue Rapids Mowing FOB: Destination

PSC CD: S208

0001AB 2 Job North of Blue Rapids Mowing

FFP

North of Blue Rapids Mowing

Tuttle Creek Mowing Services Option 01

0002AA 5 Job OPTION South of Blue Rapids Mowing

FFP

South of Blue Rapids Mowing

0002AB 2 Job OPTION North of Blue Rapids Mowing

FFP

North of Blue Rapids Mowing

Tuttle Creek Mowing Services Option 02

0003AA 5 Job OPTION South of Blue Rapids Mowing

FFP

South of Blue Rapids Mowing

0003AB 2 Job OPTION North of Blue Rapids Mowing

FFP

North of Blue Rapids Mowing

Tuttle Creek Mowing Services Option 03

0004AA 5 Job OPTION South of Blue Rapids Mowing

FFP

South of Blue Rapids Mowing

0004AB 2 Job OPTION North of Blue Rapids Mowing

FFP

North of Blue Rapids Mowing

Tuttle Creek Mowing Services Option 04

0005AA 5 Job OPTION South of Blue Rapids Mowing

FFP

South of Blue Rapids Mowing

0005AB 2 Job OPTION North of Blue Rapids Mowing

FFP

North of Blue Rapids Mowing

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

1. SCOPE OF SERVICES:

a. The services shall consist of a pre-work conference, meetings , and furnishing labor, material and equipment as specified, necessary for mowing and trimming at Tuttle Creek Lake, Blue Rapids Levee, Blue Rapids, Kansas.

b. Areas to be serviced, types of services, estimated acreage, maximum number of mowing and period of time allowed for completion of these services is shown below. All quantities are estimates. The contractor shall be responsible for determining exact quantities and conditions affecting performance of this work.

2. PRE-WORK CONFERENCE: After award, but prior to commencement of work, the contractor shall contact the project manager or the contracting officer’s representative to arrange a mutually agreeable time to meet at the project office for the purpose of discussing and developing a mutual understanding of the requirements and details of the work.

3. DOCUMENTS AND CORRESPONDENCE: After award, all documents and related correspondence must be routed through the contracting officer’s representative at the project office.

4. ORDERING OF SERVICES:

a. Mowing and trimming shall be as required, pursuant to individual orders issued by telephone and followed by confirmation in writing from the contracting officer, the contracting officer’s representative or a designated ordering officer, to the contractor or his responsible individual. The contractor shall commence mowing within 48 consecutive hours after receipt of verbal telephone order or date specified in the order.

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

c. In the event adverse weather or ground conditions occur after placement of an order for services that would create unsafe working conditions or result in damage to vegetation or turf, the contractor shall cease operations and contact the COR. Work affected by adverse conditions shall be stopped, restarted, or rescheduled at a mutually agreed upon time, to the extent possible.

Payment will not be made for work not performed as a result of wet weather conditions unless an alternate date for services can be arranged, and services are performed.

AREA NUMBER OF MOWINGS TIME ALLOWED TO

COMPLETE REQUIRED

SERVICES

South of Blue Rapids Levee 5 16 hours Northeast of Blue Rapids Levee

2 16 hours

NOTES: “Required services” as applied to time allowed shall include trimming. Acreage shown are estimates. Contractor shall be responsible for determining all acreages and conditions affecting the performance of the work.

5. WORKMANSHIP:

a. In order to assure that the required services are performed in a strictly first-class manner, the contractor shall designate, in writing, a responsible member of each work crew who shall serve as a contact for matters involving quality, performance of the required work assigned to that crew.

The employee(s) designated in accordance with the above requirement shall be qualified and fully competent with full authority to act for, and on behalf of, the contractor as necessary to insure that the work described herein is performed in accordance with the provisions of the contract no later than the first day of work. The designation shall include the name(s), address(es) and telephone number(s) of the responsible individual(s). The contracting officer reserves the right to disapprove any individual whom he considers to be incompetent to perform the work required. Such disapprovals will be given to the contractor by written notice, and the contracting officer’s decision shall represent a final decision.

b. Prior to each mowing and trimming, the contractor shall meet with the contracting officer’s representative at the project office to coordinate his work schedule in compliance with the specifications and to arrange a satisfactory operating agreement. Upon completion of mowing and trimming, but while equipment is still on site, the contractor shall contact the contracting officer’s representative at the project office to set an inspection time.

c. After mowing, areas serviced under this contract shall present a neat, well cared for, evenly mowed appearance, free from any un-mowed strips or streaks.

d. All contractor personnel shall be fully clothed at all times while performing these services. “Fully clothed” shall be deemed to mean that a shirt, trousers and shoes shall be worn at all times.

Clothing shall be clean and neat in appearance.

e. Tact, diplomacy and courtesy shall be exercised at all times during contact with the public.

f. NOTE: Equipment breakdown shall not relieve the contractor of the responsibility of performing the work as specified. It shall be the responsibility of the contractor to assure that he has, or can obtain on short notice, sufficient backup equipment to continue the services as specified without interruption in the event of mechanical failure of his primary equipment.

6. MOWING AND TRIMMING:

a. Mowing: All equipment and machinery used to mow and trim shall be approved before work starts by the COR. All mowing shall be completed in an area prior to moving to another area. Mowing shall be accomplished to within but no closer than 24 inches (plus or minus six inches) of the trunk of any tree, bush or shrub; and to within but no closer than 12 inches (plus or minus six inches) of any inanimate objects such as walls, posts, signs, park equipment or other such objects.

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

b. Trimming: Approximately 2,500 linear feet of trimming shall be accomplished under the fence at the east end of the levee, other areas designated and under the stairs. Mowers may not work satisfactorily under wire. Use of power or hand trimming will be necessary. All trimming shall be accomplished either simultaneously, or immediately following mowing; and in all instances shall be completed no later than 48 consecutive hours after mowing. Power hand mowers, trimmers, etc. shall be utilized to complete the mowing and trimming around trees, bushes, shrubs, buildings and other objects. Power hand mowers shall mow to within but no closer than two inches (plus or minus one inch) of the trunk of any tree, bush or shrub. Trees or other objects shall not be bumped or scraped by mowers. Trimming will not be required closer than two inches around the trunks of trees, bushes or shrubs; however, trimming around buildings and inanimate objects shall be accomplished to the last blade of grass. Movable objects shall be moved and the area around and under such objects shall be mowed and /or trimmed. Immediately following trimming, such objects shall be returned to their original positions and sidewalks, entrances into buildings and building interiors shall be swept as needed to remove clippings.

c. All mowers (large and small) shall be compatible with each other in mowing height and appearance of cut grass.

d. Height of cut and exact limits of mowing and trimming shall be as directed by the contracting officer or his designated representative at the project.

e. All acreages are estimated. The contractor shall be responsible for determining exact acreage and conditions affecting performance of this work.

f. Contractor shall mow two swaths (total of twelve feet) inside the fence located at the end of the levee. The area between the fence and the road (approximately 2500’) shall be mowed and trimmed.

g. Tractors with rollover protection that extends more than eight feet above ground may damage low tree limbs. Smaller (lower) units shall be used to mow around trees.

h. Specialized equipment may be required to accomplish the required mowing in some areas.

Approximately five (5) acres of the area to be serviced under this contract consist of slopes up to one foot vertical for each three feet horizontal, for which mowing equipment having a low center of gravity and good stability may be required.

7. PERFORMANCE:

a. In the event that an area is missed, or is not mowed (and trimmed) as specified, the contractor agrees to return and re-perform the unsatisfactory or missed services immediately upon receipt of notice from the contracting officer or his authorized representative.

b. All mowing and trimming equipment shall be of sufficient size and number to accomplish the required work in the time allowed. If it becomes apparent to the government during the contractor’s performance that the required mowing and/or trimming services may not be completed within the timeframes specified, the contracting officer may require the contractor to provide additional labor and equipment at no additional cost to the government. Such direction will be issued to insure that the mowing and/or trimming services will be completed within the timeframes specified.

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

9. INSURANCE: The contractor shall provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required below. Before commencing work under this contract the contractor shall present to the COR proof of the required insurance.

TYPE AMOUNT

Worker’s Compensation Coverage complying with applicable State Statute Employer’s Liability Minimum amount of $100,000.00 General Liability Minimum limits of $500,000.00 per occurrence

Comprehensive form of policy occurrence of bodily injury, which includes, but is not limited to, insurance for all work required herein.

Comprehensive Automobile Liability Minimum limits for $200,000.00 per person and $500,000.00 per occurrence for bodily injury, and $20,000.00 per occurrence for property damage.

NOTE: Coverage required above are minimums. If State Statute requires higher limits of coverage, the contractor shall be responsible for obtaining such additional coverage. Information regarding state requirements may be obtained by contacting:

Insurance Commissioner: 1-800-432-2484 Division of Workers Compensation: 785-296-3071

10. QUALITY CONTROL:

a. The contractor will develop a Quality Control Plan designed to demonstrate how the contractor will meet the needs of the project. The Quality Control Plan will document how well the contractor is meeting these needs and will be submitted for approval prior to work on this contract.

The contract must provide and maintain an inspection system acceptable to the government covering the services under this contract. Complete records of all inspection work performed by the contractor must be maintained and made available to the government during contract performance.

b. As each item of work is completed, the contractor’s representative at the job site shall enter the time that the item of work was completed on a Contractor’s Daily Worksheet. Completed and signed worksheets shall be delivered each day work is performed, as directed by the COR.

ARIAL MAP

Untitled Map

Legend

-·- l

. .. .. -0

, /17, ·

- n-= -- --.J

II

7r 11

,r□

MOWING MAP

M

CtrY ':f BLUE

BA-PIDS

I

The above drawing is furnished for informational purposes. The drawing indicates in general, the work area boundaries and improvements therein. The drawings should not be construed to indicate the exact numbers and/or locations of all improvements. ·The Contractor is responsible for ascertaining all conditions affecting the performance of the work.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0002 N/A N/A N/A N/A 0002AA Destination Government Destination Government 0002AB Destination Government Destination Government 0003 N/A N/A N/A N/A 0003AA Destination Government Destination Government 0003AB Destination Government Destination Government 0004 N/A N/A N/A N/A 0004AA Destination Government Destination Government 0004AB Destination Government Destination Government 0005 N/A N/A N/A N/A 0005AA Destination Government Destination Government 0005AB Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

0001AA POP 15-APR-2022 TO

14-APR-2023

N/A USACE, KANSAS CITY +

BRIAN MCNULTY

TUTTLE CREEK LAKE PROJECT OFFICE

5020 TUTTLE

MANHATTAN KS 66502

816-389-3166

966216

0001AB POP 15-APR-2022 TO

14-APR-2023

N/A (SAME AS PREVIOUS LOCATION)

0002 N/A N/A N/A N/A

0002AA POP 15-APR-2023 TO

14-APR-2024

N/A USACE, KANSAS CITY +

BRIAN MCNULTY

TUTTLE CREEK LAKE PROJECT OFFICE

5020 TUTTLE

MANHATTAN KS 66502

816-389-3166

0002AB POP 15-APR-2023 TO

14-APR-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 N/A N/A N/A N/A

0003AA POP 15-APR-2024 TO

14-APR-2025

N/A USACE, KANSAS CITY +

BRIAN MCNULTY

TUTTLE CREEK LAKE PROJECT OFFICE

5020 TUTTLE

MANHATTAN KS 66502

816-389-3166

0003AB POP 15-APR-2024 TO

14-APR-2025

N/A (SAME AS PREVIOUS LOCATION)

0004 N/A N/A N/A N/A

0004AA POP 15-APR-2025 TO

14-APR-2026

N/A USACE, KANSAS CITY +

BRIAN MCNULTY

TUTTLE CREEK LAKE PROJECT OFFICE

5020 TUTTLE

MANHATTAN KS 66502

816-389-3166

0004AB POP 15-APR-2025 TO

14-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

0005 N/A N/A N/A N/A

0005AA POP 15-APR-2026 TO

14-APR-2027

N/A USACE, KANSAS CITY +

BRIAN MCNULTY

TUTTLE CREEK LAKE PROJECT OFFICE

5020 TUTTLE

MANHATTAN KS 66502

816-389-3166

0005AB POP 15-APR-2026 TO

14-APR-2027

N/A (SAME AS PREVIOUS LOCATION)

Section H - Special Contract Requirements

WAGE DETERMINATIONS

The following current Service Contract Act Wage Determinations are incorporated into this RFQ by reference:

https://sam.gov/wage-determination/2015-5337/16

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

DEC 2021

52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2021

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

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 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

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

MAY 2016

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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.]

___ (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).

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

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

___ (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).

___ (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]

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

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

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

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

____ (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.

____ (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).

____ (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).

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

XX(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

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

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

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

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

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

XX (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

____ (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).

____ (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.

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

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

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

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

13513).

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

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

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

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

____ (48) 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).

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

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

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

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

5150).

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

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

XX (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)).

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

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

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

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

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

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

55305 and 10 U.S.C. 2631).

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

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

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

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

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

chapter 67).

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

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

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

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

_____ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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 Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 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)).

(iii) 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).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 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.)

(xv) 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)

(xvi) 52.222-54, Employment Eligibility Verification (NOV 2021) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 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).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days of contract expiration.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 5 days of expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulations System (FAR) https://www.acquisition.gov/browse/index/far

Department of Defense Federal Acquisition Regulation Supplement https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

Department of Army Federal Acquisition Regulation Supplement https://spcs3.kc.army.mil/asaalt/procurement/AFARS/Home.aspx

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES --

REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, covered defense telecommunications equipment or services has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) 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 defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense 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.

(End of provision)

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES (JAN 2021)

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

Covered defense telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities;

(2) Telecommunications services provided by such entities or using such equipment; or

(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Covered foreign country means--

(1) The People's Republic of China; or

(2) The Russian Federation.

Covered missions means--

(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or

(2) The homeland defense mission of DoD, including with respect to ballistic missile defense.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. In accordance with section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), the contractor shall not provide to the Government any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless the covered defense telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition Regulation Supplement 204.2104.

(c) Procedures. The Contractor shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service, to carry out covered missions, that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Reporting.

(1) In the event the Contractor identifies covered defense telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, the Contractor shall report at https://dibnet.dod.mil the information in paragraph (d)(2) of this clause.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 30 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered defense telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

Section J - List of Documents, Exhibits and Other Attachments

PAST PERFOPRMANCE QUESTIONAIRE

NAVFAC/USACE PAST PERFORMANCE QUESTIONNAIRE (Form PPQ-0) CONTRACT INFORMATION (Contractor to complete Blocks 1-4)

1. Contractor Information Firm Name: CAGE Code:

Address: DUNs Number:

Phone Number:

Email Address:

Point of Contact: Contact Phone Number:

2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain) Percent of project work performed:

If subcontractor, who was the prime (Name/Phone #):

3. Contract Information Contract Number:

Delivery/Task Order Number (if applicable):

Contract Type: (circle one) Firm Fixed Price Cost Reimbursement Other (Please specify):

Contract Title:

Contract Location:

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy):

Explain Differences:

Original Contract Price (Award Amount):

Final Contract Price (to include all modifications, if applicable):

Explain Differences:

4. Project Description:

Complexity of Work High Med Routine How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)

CLIENT INFORMATION (Client to complete Blocks 5-8)

5. Client Information Name:

Title:

Phone Number:

Email Address:

6. Describe the client’s role in the project:

7. Date Questionnaire was completed (mm/dd/yy):

8. Client’s Signature:

NOTE: NAVFAC/USACE REQUESTS THAT THE CLIENT COMPLETES THIS QUESTIONNAIRE AND SUBMITS DIRECTLY BACK TO THE OFFEROR. THE OFFEROR WILL SUBMIT THE COMPLETED QUESTIONNAIRE TO USACE WITH THEIR PROPOSAL, AND MAY DUPLICATE THIS QUESTIONNAIRE FOR FUTURE SUBMISSION ON USACE SOLICITATIONS.

CLIENTS ARE HIGHLY ENCOURAGED TO SUBMIT QUESTIONNAIRES DIRECTLY TO THE OFFEROR. HOWEVER, QUESTIONNAIRES MAY BE SUBMITTED DIRECTLY TO USACE.

PLEASE CONTACT THE OFFEROR FOR USACE POC INFORMATION. THE GOVERNMENT RESERVES THE RIGHT TO VERIFY ANY AND ALL INFORMATION ON THIS FORM.

RATING DEFINITION NOTE

(E) Exceptional Performance meets contractual requirements and exceeds many to the Government/Owner’s benefit.

The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective.

An Exceptional rating is appropriate when the Contractor successfully performed multiple significant events that were of benefit to the Government/Owner. A singular benefit, however, could be of such magnitude that it alone constitutes an Exceptional rating. Also, there should have been NO significant weaknesses identified.

(VG) Very Good Performance meets contractual requirements and exceeds some to the Government’s/Owner’s benefit.