B.08.03 Solicitation 22 R 1017 for 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-1017 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 562111 and the associated small business size standard is $41,500,000.00.

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 24 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

0001 1 Job Tuttle Creek Refuse Base Year

FFP

This CLIN is for the base year of refuse collection at Tuttle Creek Lake. Services will be performed IAW the statement of work.

FOB: Destination

PSC CD: S205

NET AMT

0002 1 Job OPTION Tuttle Creek Refuse Option 01

FFP

This CLIN is for the first option year of refuse collection at Tuttle Creek Lake.

Services will be performed IAW the statement of work.

0003 1 Job OPTION Tuttle Creek Refuse Option 02

FFP

This CLIN is for the second option year of refuse collection at Tuttle Creek Lake.

Services will be performed IAW the statement of work.

0004 1 Job OPTION Tuttle Creek Refuse Option 03

FFP

This CLIN is for the third option year of refuse collection at Tuttle Creek Lake.

Services will be performed IAW the statement of work.

0005 1 Job OPTION Tuttle Creek Refuse Option 04

FFP

This CLIN is for the fourth option year of refuse collection at Tuttle Creek Lake.

Services will be performed IAW the statement of work.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

TECHNICAL SPECIFICATIONS

DUMPSTER FURNISHING, EMPTYING AND DISPOSAL

TUTTLE CREEK LAKE, MANHATTAN, KANSAS

1. SCOPE OF CONTRACT:

a. The services furnished under this contract shall consist of a pre-work conference, reports, meetings, worksheets, etc., and furnishing labor and equipment to place, empty, and clean dumpsters listed below at Tuttle Creek Lake, near Manhattan, Kansas, in accordance with the attached work standard.

b. The areas subject to refuse collection under this procurement, and the approximate number of dumpsters to be serviced are as follows:

i. COMPOUND: 12 month service period of 1 April 2022 through 31 March 2023.

Dump 1 (one) six-cubic yard dumpster weekly. The dumpster will be located behind a locked gate; therefore, it will need to be picked up between the hours of 8:00 am and 4:30 pm, Monday thru Friday.

Collect one Recycle dumpster twice a month for service period of 1 April 2022 through 31 March 2023. The recycle dumpster will be located behind a locked gate;

therefore, it will need to be picked up between the hours of 8:00 am and 4:30 pm, Monday thru Friday.

ii. LOWER YARD: 7 (seven) month service period of 1 April 2022 through 31 Oct

2022. Dump 2 (two) six-cubic yard dumpsters once a week.

iii. TUTTLE CREEK COVE GATE: 7 (seven) month service period of 1 April 2022 through 31 October 2022. Dump 1 (one) eight-cubic yard flattop dumpster once a week. The dumpster will be located behind a locked gate; therefore, it will need to be picked up between the hours of 8:00 am and 10:00 pm, Monday thru Friday.

iv. TUTTLE CREEK COVE BOAT RAMP: 7 (seven) month service period of 1 April

2022 through 31 October 2022. Dump 1 (one) two-cubic yard dumpster weekly. The dumpster will be located behind a locked gate; therefore, it will need to be picked up between the hours of 8:00 am and 10:00 pm, Monday thru Friday.

v. TUTTLE CREEK COVE BEACH: 7 (seven) month service period of 1 April 2017 through 31 October 2017. Dump 1 (one) two-cubic yard dumpster weekly. The dumpster will be located behind a locked gate; therefore, it will need to be picked up between the hours of 8:00 am and 10:00 pm, Monday thru Friday.

vi. STOCKDALE PARK: 7 (seven) month service period of 1 April 2022 through 31

October 2022. Dump 1 (one) six-cubic yard dumpster once a week.

vii. ON CALL: 12 month service period of 1 April 2022 through 31 March 2023.

Respond within twenty-four hours when called by the project office to empty any of the above-mentioned dumpsters. Up to 6 (six) times during service period.

c. The 4 (four) option years (2023-2024, 2024-2025, and 2025-2026, 2026-2027) will be similar to this schedule.

2. PRE-WORK CONFERENCE: After award, but prior to commencement of work, the Contractor shall contact the Contracting Officer’s Representative to arrange a mutually agreeable time to meet at the Project Office for the purpose of discussing and developing a mutual understanding of the requirements and details of the work.

3. DOCUMENTS AND CORRESPONDENCE:

a. After award, all documents and related correspondence shall be routed through the Contracting Officer’s Representative at the Project Office.

b. The Contractor shall submit, in writing, for approval of the Contracting Officer’s Representative at the project, a detailed plan of operation to include equipment, personnel, refuse collection routes, and approximate time (+30 minutes that the crew will ENTER and LEAVE each area being serviced). The purpose of the schedule is to insure that quality assurance inspection by Government personnel is compatible with the Contractor’s work schedule. The schedule shall be submitted within 15 calendar days after start of work. Any proposed deviation from the approved schedule shall be submitted in writing to the Contracting Officer’s Representative for approval prior to change.

4. 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 the contact for matters involving quality and performance or non-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 these specifications. The Contractor shall furnish the above written designation to the Contracting Officer’s Representative at the project 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. As each dumpster is emptied the contractor’s Representative at the job, or his employee(s) performing the work, shall complete that portion of the Contractor’s Worksheet indicating the date and time the dumpster was emptied. Completed worksheets shall be signed and delivered monthly with the contractor’s invoice, or as directed by the Contracting Officer or his authorized representative. Contractor Worksheet forms will be furnished by the contractor as approved in the pre-work conference. (see SPECIAL CONTRACT

REQUIREMENTS).

c. All contractor personnel shall be fully clothed, at all times, while performing these services. “Fully clothed” shall be deemed to mean that a shirt (or T-shirt), trousers and shoes shall be worn at all times. Clothing shall be clean and neat in appearance.

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

e. 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. The Contractor shall notify the Contracting Officer’s Representative within 8 hours of any such equipment failure and provide his alternate plan for collection of refuse during the repair period. Backup equipment need not be of the same type, nor meet the same requirement of the primary equipment, except as pertains to the scattering of refuse along the route; however, such equipment may be utilized only to accomplish the specified work of the contract while primary equipment is being repaired, for a period not to exceed 14 calendar days without prior approval of the Contracting Officer or his authorized representative.

f. Dumpster relocation due to flooding: Upon verbal notice of government personnel, the contractor will be notified of the need to relocate a dumpster to higher ground in the event Tuttle Creek Lake is expected to rise and inundate the dumpster location. At the option of the government, the dumpster may be relocated for continued use or relocated to prevent use.

In the event a dumpster is relocated to prevent use and it has not been utilized for a full billing cycle (1 month), the contractor shall not bill the government for this non-use period.

Scope of Work lines 4., 5., and 6. are subject to relocation due to potential flooding.

5. REMOVAL AND DISPOSAL

a. Services specified on page C-1 shall be performed on those days stated in DELIVERIES OR PERFORMANCE. All dumpsters shall be emptied, and all refuse shall be picked up from the immediate vicinity of the dumpster. Any spillage of refuse, in the course of the handling operation, shall be cleaned up immediately by the Contractor. Dumpsters, when emptied, shall be returned to their original position. Dumpsters that have been moved by visitors shall be emptied and returned to their proper location.

b. All refuse from dumpsters shall be transported and disposed of by the Contractor off Government property at a State-approved sanitary landfill or disposal point. All cost in connection with this work shall be borne by the Contractor.

c. When odor becomes prevalent in dumpsters, the contractor shall wash such containers with water and detergent until the containers are clean and free of odor. Disinfectant shall be applied to the containers as directed by the Contracting Officer or his authorized representative.

d. In the event of a dispute relating to the need for cleaning equipment and/or dumpsters, the Contracting Officer’s decision shall represent a final decision.

e. Cleaning and disinfecting of dumpsters and cleaning equipment shall be accomplished off Government property.

6. PERFORMANCE:

a. Refuse collection is directly related to public health and sanitation; therefore; it is essential that all dumpsters be serviced as specified. In the event that an area or containers within an area are missed or not properly serviced, the Contractor agrees to return and re-perform the missed or improperly performed services for the area or affected dumpster(s) immediately upon receipt of such notice by the Contracting Officer or his authorized representative.

b. If it becomes apparent to the Government during the Contractor’s performance that the required services may not be completed within the timeframes required herein, 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 required services will be completed within the timeframes specified.

7. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor shall comply with all Federal, State, and local laws, ordinances, statutes and regulation pertaining to the collection, transportation, and disposal of refuse and shall obtain such permits, licenses or other authorizations as may be required.

8. LOST ARTICLES, VANDALISM, FACILITIES MALFUNCTION: To assist the visiting public in reclaiming lost articles, all property left by visitors and found during the refuse collection operation shall be turned in to the project office where it may be claimed by the owner. Any evidence of vandalism and instances where facilities are not operating properly or are in need of repair shall be reported to Project personnel.

9. 52.246-4. Inspection of Services – Fixed-Price (Feb 1992)

a. Definitions. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

b. The Contractor shall 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 shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

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

d. If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, without additional charge, all reasonable facilities and assistance for the safe & convenient performance of these duties.

e. If any of the services 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 the defect in services cannot be corrected by re-performance, the Government may…

i. Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and

ii. Reduce the contract price to reflect the reduced value of the services performed.

iii. If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may…

iv. 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 or

v. Terminate the contract for default.

10. DELIVERIES AND PERFORMANCE

a. Effective Date of this Instrument: This Contract (or Purchase Order) shall be effective April 1, 2022 (or date of award, if later) and shall remain in full force and effect through March 31, 2023.

b. The option periods will be exercised as required and based upon the contractors performance.

c. Period of Required Services

i. Services shall be performed in accordance with the following schedule; between the hours of 8:00 a.m. and 4:30 p.m. at the Compound Area (Line Item 1 in Scope of Work) and 8:00 a.m. and 10:00 p.m., or as agreed to by the COR at the pre-work conference, at all other areas listed under the Scope of Work.

ii. All work shall be accomplished within the timeframes specified above. Services rendered outside the time periods specified will not be compensated unless specifically approved in writing by the Contracting Officer or his authorized representative.

iii. Refuse collection shall begin as stated above, and shall be completed in a continuous operation to promptly rid each public area of accumulated refuse.

d. The Government reserves the right to decrease or increase scheduled collections and services based on actual need. When at all possible, the Contractor will be given on-week notice of a change in the schedule or services. Services and/or collections may be suspended without notice as a result of budgetary constraints, emergency operations, flood control operations, or adverse weather conditions. Such actions will be followed by written notification.

e. In the event a variation materially affects the performance of work, the Contractor will be requested to submit a pricing proposal covering the unserviceable or affected portion of work in order that an equitable adjustment to the contract price can be negotiated. Payment for services not performed as a result of conditions stated above would be initially withheld until execution of an equitable adjustment can be made by contract modification(s). A modification in price will occur if a change in scope will substantially result in a cost increase or decrease equal to 30% (based on contractor’s estimate) of the total contract price for the bid year in which the change occurred.

11. Contract Administration Data

a. Payment will be made by the Disbursing Officer, USACE Finance Center, Millington, Tennessee, in accordance with the Prompt Payment Act (Public Law 100-496). As stated in this law, the payment will be made 30 days after the date of invoice receipt in the correct office, or from the day of constructive acceptance, whichever of the two dates is last. The only time constructive acceptance will not be used as actual acceptance is if acceptance occurs before constructive acceptance. Constructive acceptance is deemed to occur on the 7th calendar day after delivery.

b. Under the terms of this contract invoices are to be submitted to the:

U.S. Army Corps of Engineers Tuttle Creek Lake Project 5020 Tuttle Creek Blvd.

Manhattan, KS 66502 Telephone (785) 539-8511

c. Withholding:

i. NOTE: Payment will not be made for work not performed.

ii. In the event of unsatisfactory performance of specified work, the Contractor may be directed to re-perform the unsatisfactory services at no additional cost to the Government. Failure of the Contractor to perform the work as specified, or to re-perform work as directed, will result in withholding of payment for the portion(s) of the work not accomplished. Amounts to be withheld will be determined by prorating the amount of services satisfactorily performed against the amount of services required.

d. Performance by Third Party or Government Personnel:

e. In addition to the above remedies for non-performance, the Government reserves the right to cause the specified work to be performed by a third party or Government forces and the cost incurred thereby will be levied against the Contractor. Any time Government forces are used because of Contractor’s nonperformance, the cost levied against the Contractor will include all direct costs associated with the performance of the specified work plus the loss of efficiency to the Government’s productivity experienced by the Government where utilized Government forces are not otherwise available to perform their normal duties.

f. Such inefficiencies are determined as the direct cost to the Government for substitution of the Government forces removed from their normal duties computed on an hourly basis at the applicable wage rate. Government forces will be used only when time is of the essence and the interests of the Government would not be served by securing a third party to perform the specified work.

12. Special Contract Requirements

a. General Safety Requirements:

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

ii. Appropriate measures shall be taken to protect the general public from accidental injury.

b. In accordance with CONTRACT CLAUSE titled “Insurance – Work On A Government Installation,” the Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance. (FAR 52.228-5)

TYPE AMOUNT

Workmen’s Compensation Coverage complying with applicable State Statute

Employer’s Liability Minimum amount of $100,000.00

General Liability on Comprehensive Minimum limits of $500,000 per From of Policy; which includes, but is occurrence for bodily injury not limited to, insurance for all work required herein

Comprehensive Automotive Liability Minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury, and $20,000 per occurrence for property damage

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

d. KANSAS Insurance Commissioner, 1-800-432-2484 Division of Workers Compensation, 913-296-3441

13. ANTITERRORISM/OPERATION SECURITY REQUIREMENTS. 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 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 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 individual facility or installation change, the Government may require changes in contractor security matters or processes.

All contractor and all associated sub‐contractors employees will receive a CORPS Watch information paper (provided by the authorized government representative) and provide a written acknowledgement to the COR, no later than 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract.

The Contractor must pre‐screen candidates using the E‐verify Program (http://www.dhs.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 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.

Per the E-Verify Website the following exemptions apply:

Employers whose contracts are exempt from the E-Verify federal contractor rule are not required to enroll in E-Verify. A contract is considered exempt if any one of the following applies: (1) It is for fewer than 120 days. (2) It is valued at less than $150,000, the simplified acquisition threshold (Source: http://www.uscis.gov/e-verify/federal-contractors/exemptions-and-exceptions).

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

14. Period for Exercise of Option

a. Pursuant to the clause, Availability of Funds for the Next Fiscal Year, the Government shall have a period of 60 days from the ending date of the initial contract period or any extension thereto, to exercise the option to extend the term of the contract. This period is not conditioned upon the giving of any notice to extend. A modification exercising the option to extend the contract will be issued as soon as funds are made available to the Contracting Officer for the fiscal year.

15. Government Furnished Equipment, Materials and Supplies

a. Government Furnished Property: The Government will furnish no equipment, materials, or supplies.

16. Contractor Furnished Equipment and Supplies

a. The Contractor shall furnish the following:

i. All manpower, dumpsters, equipment and supplies necessary to accomplish the requirements of the contract as specified herein.

ii. The Contractor shall furnish to the Operations Manager, a telephone number attended during normal business hours (8 am – 4:30 pm) CST, DST (prevailing) to which calls concerning the services, performance, or other contractual matters can be placed. For the purpose of time and date, a message will be deemed delivered to the Contractor, at such time as it is delivered to the number provided by the Contractor.

iii. The Contractor shall furnish a trash truck(s) suitably equipped and constructed to life and dump dumpsters and to prevent the scattering of refuse along the route. The equipment shall be capable of retaining all waste and fluids without leakage.

iv. All Contractor furnished equipment and supplies shall be approved the Contracting

Officer’s Representative prior to initial use.

v. The Contractor shall furnish and deliver dumpsters in accordance with the service schedule. Exact locations for placement of dumpsters within each park shall be as directed by the Operations Manager (Section C, Page 1).

vi. The Contractor shall furnish all detergent disinfectant, and brushes for cleaning of refuse containers, trailers, and/or trucks.

vii. The contractor vehicles shall be equipped with a 4-way flasher and turn signals in operating condition. Flashers shall be activated when vehicles are parked on, or travelling slowly along roadways. Any injury, property damage, equipment malfunction or safety hazard observed by the Contractor shall be reported immediately to the Project personnel.

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 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2022 TO

31-MAR-2023

N/A USACE, KANSAS CITY +

BRIAN MCNULTY

TUTTLE CREEK LAKE PROJECT OFFICE

5020 TUTTLE

MANHATTAN KS 66502

816-389-3166

966216

0002 POP 01-APR-2023 TO

31-MAR-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-APR-2024 TO

31-MAR-2025

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-APR-2025 TO

31-MAR-2026

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-APR-2026 TO

31-MAR-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.