B01 Attachment 4-Provisions and Clauses.pdf

The provisions and clauses incorporated herein may be accessed at the following link: https://www.acquisition.gov/

FAR Clause 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS, applies to this acquisition.

Addendum to 52.212-4, Contract Terms and Conditions-Commercial Items

52.203-3 Gratuities Apr 1984 52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Jul 2016 52.204-21 Basic Safeguarding Of Covered Contractor Information Systems Jun 2016 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts Sep 2013

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

Aug 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

Dec 2013

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

Dec 2019

252.203-7000 Requirements Relating to Compensation of Former DOD Officials

Sep 2011

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

May 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

Dec 2019

252.223-7008 Prohibition of Hexavalent Chromium Jun 2013 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic

Enterprises, an Native Hawaiian Small Business Concerns Apr 2019

252.232-7010 Levies on Contract Payments Dec 2006 252.232-7011 Payments in Support of Emergencies and Contingency

Operations May 2013

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

Jun 2013

252.244-7000 Subcontracts for Commercial Items Jun 2013 252.247-7023 Transportation of Supplies by Sea Feb 2019

Clauses Incorporated by Full Text

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b)As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments-

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by-

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for-

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1)If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than n/a, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of the per annum ceiling;

(2) Any order for a combination of items in excess of the per annum ceiling; or

(3)A series of orders from the same ordering office within 3 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c)If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 October 2022.

(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 any remaining period of the contract and any exercised options after the effective date of contract award.

(End of clause)

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 the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 25 months.

(End of clause)

As a preamble to the insertion of 52.222.35:

Notice: The following terms of this clause are waived for this contract: in subparagraph (b), the phrase “and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans”;

additionally, in subparagraph (b), the phrase “requirements of the equal opportunity clause at 41 CFR 60-300.5(a)” shall be interpreted to exclude in full paragraphs 2-7, 9-10, and 12 of 41 CFR 60-300.5(a), and the phrase “take affirmative action to employ, advance in employment and otherwise” from paragraph 1 of 41 CFR 60-300.5(a).

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

(a) Definitions. As used in this clause-

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

AS A PREAMBLE TO THE INSERTION OF 52.222-26:

NOTICE: THE FOLLOWING TERMS OF THIS CLAUSE ARE WAIVED FOR THIS CONTRACT: SUBPARAGRAPH (C)(2), (C)(3), (C)(4), (C)(5)(II), (C)(6), (C)(8), AND THE PHRASE “ON-SITE COMPLIANCE EVALUATIONS AND” IN (C)(9).

52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

(a) Definition. As used in this clause.

“Compensation” means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.

“Compensation information” means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.

“Essential job functions” means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-

(1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or

(2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.

“Gender identity” has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

“Sexual orientation” has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

“United States,” means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b)

(1)If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

(2)If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor’s activities (41 CFR 60-1.5).

(c)

(1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by

41 CFR 60-1.5.

(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to-

(i) Employment;

(ii) Upgrading;

(iii) Demotion;

(iv) Transfer;

(v) Recruitment or recruitment advertising;

(vi) Layoff or termination;

(vii) Rates of pay or other forms of compensation; and

(viii)Selection for training, including apprenticeship.

(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.

(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(5)

(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

(ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by-

(A) Incorporation into existing employee manuals or handbooks; and

(B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.

(6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers’ representative of the Contractor’s commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

(7) The Contractor shall comply with Executive Order11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.

(8) The Contractor shall furnish to the contracting agency all information required by Executive Order11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41 CFR Part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.

(9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations.

The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order11246, as amended, and rules and regulations that implement the Executive Order.

(10)If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.

(12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.

(End of clause)

AS A PREAMBLE TO THE INSERTION OF 52.222-36:

NOTICE: THE FOLLOWING TERMS OF THIS CLAUSE ARE WAIVED FOR THIS CONTRACT: IN SUBPARAGRAPH (A), THE

PHRASE “AND REQUIRES AFFIRMATIVE ACTION BY THE CONTRACTOR TO EMPLOY AND ADVANCE IN EMPLOYMENT

QUALIFIED INDIVIDUALS WITH DISABILITIES”; ADDITIONALLY, IN SUBPARAGRAPH (A), THE PHRASE “REQUIREMENTS

OF THE EQUAL OPPORTUNITY CLAUSE AT 41 CFR 60-741.5(A)” SHALL BE INTERPRETED TO EXCLUDE IN FULL

PARAGRAPHS 4-5 AND 7 OF 41 CFR 60-741.5(A), AND THE PHRASE “TAKE AFFIRMATIVE ACTION TO EMPLOY AND

ADVANCE IN EMPLOYMENT INDIVIDUALS WITH DISABILITIES, AND TO” FROM PARAGRAPH 1 OF 41 CFR 60-741.5(A).

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

2.226-4 NOTICE OF DISASTER OR EMERGENCY AREA SET-ASIDE (NOV 2007)

(a) Set-aside area. Offers are solicited only from businesses residing or primarily doing business in the United States. I.A.W FAR 22.801, “United States” means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

Offers received from other businesses shall not be considered.

(b) This set-aside is in addition to any small business set-aside contained in this contract.

(End of clause)

52.226-5 RESTRICTIONS ON SUBCONTRACTING OUTSIDE DISASTER OR EMERGENCY AREA

(NOV 2007)

(a) Definitions. The definitions of the following terms used in this clause are found in the Small Business Administration regulations at 13 CFR 125.6(e): cost of the contract, cost of contract performance incurred for personnel, cost of manufacturing, cost of materials, personnel, and subcontracting.

(b) The Contractor agrees that in performance of the contract in the case of a contract for-

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the Contractor or employees of other businesses residing or primarily doing business in the area designated in the clause at FAR 52.226-4, Notice of Disaster or Emergency Area Set- Aside;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The Contractor or employees of other businesses residing or primarily doing business in the set-aside area shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials;

(3) General construction. The Contractor will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees or employees of other businesses residing or primarily doing business in the set-aside area; or

(4) Construction by special trade Contractors. The Contractor will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees or employees of other businesses residing or primarily doing business in the set-aside area.

(End of clause)

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

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR

Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.216-7006 ORDERING (SEP 2019)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from the effective date of contract award through remaining effective period of the contract and any exercised option periods.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Data Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

End of Addendum to FAR 52.212-4, CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

The clause at 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS-COMMERCIAL ITEMS, applies to this acquisition and the additional FAR clauses cited in the clause are applicable as follows:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards Oct 2018

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

Oct 2015

52.219-6 (Dev) Notice of Total Small Business Set-Aside (Deviation 2019- O0003)

Nov 2011

52.219-14 (Dev) Limitations on Subcontracting (Deviation 2019-O0003) Jan 2017 52.219-28 Post-Award Small Business Program Representation Jul 2013 52.222-3 Convict Labor Jun 2003 52.222-21 Prohibition of Segregated Facilities Apr 2015 52.222-37 Employment Reports on Veterans Feb 2016 52.222-41 Service Contract Labor Standards Aug 2018 52.222-42 Statement of Equivalent Rates for Federal Hires May 2014 52.222-43 Fair Labor Standards Act and Service Contract Labor

Standards-Price Adjustment (Multiple Year and Option Contracts)

Aug 2018

52.222-50 Combating Trafficking in Persons Jan 2019 52.222-54 Employment Eligibility Verification Oct 2015 52.222-55 Minimum Wages Under Executive Order 13658 Dec 2015

52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2017 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving Aug 2011

52.232-33 Payment by Electronic Funds Transfer—System for Award Management

Oct 2018

*per 48 CFR 22.1016 –Statement of equivalent rates for Federal hires.

**FRINGE BENEFITS include:

1. Contribution of up to one point six (1.6%) of basic hourly rate for health and insurance.

2. Contribution of up to thirteen point two (13.2%) of basic hourly rate for retirement:

a. Hires prior to 2013 – 13.2%

b. Hires 2013 and after – 11.1%

3. Ten (10) paid Federal holidays

4. Paid Annual Leave (Vacation) as follows:

a. Two (2) hours of annual leave each week for an employee with less than three (3) years of service.

b. Three (3) hours of annual leave each week for an employee with three but less than fifteen (15) years of service.

Employee Class Grade Monetary Wage – Fringe Benefits 30090 Environmental Technician GS-7 Locality Pittsburgh-New Castle-Weirton, PA-OH-WV $21.41 NONE- Rest of U.S. $20.79

23382 Ground Support Equipment Worker WG-8 Counties: State Hourly Rate Crawford PA $24.09 Clarion PA $24.09 Elk PA $24.09 Forest PA $24.09 Greene PA $24.09 Somerset PA $24.09 Ohio WV $24.09 Portage OH $26.11 Warren PA $26.05 Trumbull OH $25.66 Mercer PA $25.66 Taylor WV $22.81 Lewis WV $22.81 Monongalia WV $22.81 Monroe OH $22.81 Jefferson OH $24.32 Allegheny PA $24.32 Armstrong PA $24.32 Beaver PA $24.32 Fayette PA $24.32 Indiana PA $24.32 Westmoreland PA $24.32

c. Four (4) hours of annual leave each week for an employee with fifteen (15) or more years of service.

5. Paid Sick Leave – Two (2) hours each week.

6. Obligatory 1% Agency contribution to Thrift Savings Plan

7. Match up to 4% employee contribution to Thrift Savings Plan

FAR Provision 52.212-1 (Dev), INSTRUCTIONS TO OFFERORS-COMMERCIAL (Deviation 2018-O0018), applies to this acquisition.

Addendum to 52.212-1

The following provisions are hereby included by reference as an addendum to FAR 52.212-1 Instructions to Offerors—Commercial Items (Deviation 2018-O0018)

52.204-7 System for Award Management Oct 2018 52.204-16 Commercial and Government Entity Code Reporting Jul 2019 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment Dec 2019

52.217-5 Evaluation of Options Jul 1990 252.203-7005 Representation Relating to Compensation of Former DOD

Officials Nov 2011

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

Oct 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services- Representation

Dec 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation

Dec 2019

252.225-7974 (Dev) Representation Regarding Persons that have Business Operations with the Maduro Regime (Deviation 2020-O0005)

Feb 2020

End of Addendum to FAR 52.212-1, Instructions to Offerors—Commercial Items

Provisions Incorporated by Full Text

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c)If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i)In a criminal proceeding, a conviction.

(ii)In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii)In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv)In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2)If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed viahttps://www.sam.gov (see 52.204-7).

52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of provision)

52.226-3 DISASTER OR EMERGENCY AREA REPRESENTATION (NOV 2007)

(a) Set-aside area. The area covered in this contract is: the United States. Which, I.A.W FAR 22.801, “United States” means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Representations. The offeror represents that it does does not reside or primarily do business in the designated set-aside area.

(c)An offeror is considered to be residing or primarily doing business in the set-aside area if, during the last twelve months-

(1) The offeror had its main operating office in the area; and

(2) That office generated at least half of the offeror’s gross revenues and employed at least half of the offeror’s permanent employees.

(d)If the offeror does not meet the criteria in paragraph (c) of this provision, factors to be considered in determining whether an offeror resides or primarily does business in the set-aside area include-

(1) Physical location(s) of the offeror’s permanent office(s) and date any office in the set-aside area(s) was established;

(2) Current state licenses;

(3) Record of past work in the set-aside area(s) (e.g., how much and for how long);

(4) Contractual history the offeror has had with subcontractors and/or suppliers in the set-aside area;

(5) Percentage of the offeror’s gross revenues attributable to work performed in the set-aside area;

(6) Number of permanent employees the offeror employs in the set-aside area;

(7) Membership in local and state organizations in the set-aside area; and

(8) Other evidence that establishes the offeror resides or primarily does business in the set-aside area. For example, sole proprietorships may submit utility bills and bank statements.

(e)If the offeror represents it resides or primarily does business in the set-aside area, the offeror shall furnish documentation to support its representation if requested by the Contracting Officer. The solicitation may require the offeror to submit with its offer documentation to support the representation.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provisions may identify the provisions by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a provision may be accessed electronically at the following address:

http://acquisition.gov https://www.acquisition.gov/dfars

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter

2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

ADDITIONAL INFORMATION:

Provisions to fill-in and return with quote: FAR 52.209-7(b), FAR 52.226-3 and FAR 52.212-3: If your System for Award Management (SAM) registration is current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation) as of the date of your offer, only paragraph (b) needs to be filled in; otherwise complete the entire provision.

Questions: Contractual and Technical questions relating to the solicitation or procedures are to be submitted via email to: LRP.contracting@usace.army.mil and ‘cc’ Leanna Lesefka at leanna.c.lesefka@usace.army.mil no later than 11:00 a.m. ET Monday, March 30, 2020. Use the solicitation number as the SUBJECT: W911WN20Q3572 (COVID-19 Decontamination). An amendment to the solicitation will be posted on FBO to answer all questions received in a timely manner.

Price Schedule: An Excel spreadsheet is included and shall be used for pricing the requirements. It shall be returned as an unprotected Excel attachment to the solicitation when providing your quote.

Complete the “Mileage Calculator” tab with round-trip mileage to each potential service location.

Mileage will be the only travel expenses reimbursed. Mileage will be reimbursed per the

Department of Defense Joint Travel Regulations at the GSA mileage rate current when services are provided.

Enter the unit price per square foot for each location on the “Price Schedule” tab for the Base Period and the Option Period in the highlighted cells in columns J, M and P. The quoter shall use the standard US currency method of exactly two numerals to the right of the decimal point to calculate the extended price (i.e. use 12.34 not 12.3405289).

The quoter is responsible for verifying all calculations.

FAR 52.217-8, Option to Extend Services is included in this solicitation and any resultant contract. The rates (as evaluated during the contract award process) to be used during the continued performance of any services will be the rates in effect at the time of the extension.

Quotes will be evaluated as follows:

Price evaluation: The government shall review acceptable offers by lowest price. To analyze each quote, the Government will use a quantity of 1 for each CLIN on the Price Schedule. Price reasonableness and fairness will be evaluated. FAR 52.212-2 Evaluation Commercial Items in not applicable to this solicitation.

Award will be made to the lowest-priced, responsible* offeror whose quote conforms to the requirements of the solicitation. [*Responsible means a contractor that meets the standards in FAR 9.104-1 – available at https://www.acquisition.gov/.] The government reserves the right to reject any quote determined to be unrealistically low for successful contract completion and that would not be in the best interest of the government.

System for Award Management:

Quoters must be registered and active in the System for Award Management (SAM) in order to be awarded a contract.

Quoters are expected to complete or update the Representations and Certifications within the SAM system.

Pre-Award Survey:

The vendor providing the apparent low quote will be notified no later than two business days after the quote due date to provide the information requested below to help the Contracting Officer make a Determination of Responsibility. This information should be on hand as it is required to be submitted to the Contracting Officer in a relatively short amount of time.

(a) Financial ability to perform the contract: including the availability of necessary working capital and credit.

Please furnish a copy of a current balance sheet, bank statement(s), and line(s) of credit along with any other pertinent data. Please include letters of reference from your firm’s banker and lender.

(b) Provide a detailed list of all equipment available for performance on proposed contract.

(c) Provide a list of key personnel and their qualifications

(d) Give brief history of business experience, including length of time in present business.

(e) Business and financial reputation and integrity.

Please provide names and addresses of any Government installations for whom work is currently under contract or has been performed within the past two years along with a brief description of the projects and dollar values. (Work performed which is similar to the proposed work is preferred.) Please state how work performed is similar to the work proposed for this contract. Please provide the information above for four or more commercial firms for whom work is currently under contract or has been performed within the past two years.

(f) Indicate total (gross) dollar amount of all business on hand (Government and commercial).

(g) Provide names and address of proposed subcontractors.

(h) Please confirm you are able to adhere to FAR 52.219-14, (Deviation 2019-O0003) Limitation of Subcontracting clause which states that the contractor (you) will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded.

The information above assists the Contracting Officer in confirming that the apparent low quoter has adequate financial resources, appropriate equipment and the expertise to successfully perform this contract.

END OF ADDENDUM

To the provision at FAR 52.212-1, Instructions to Offerors – Commercial Items. (DEVIATION 2018-O0018)

Quotes are due by April 1, 2020 at 11:00 AM EST. Quotes will be accepted via email to LRP.Contracting@usace.army.mil and CC: leanna.c.lesefka@usace.army.,mil. Quoters must reference this solicitation number W911WN20Q3767, in the subject line of the email or the return address of the parcel or the cover sheet of the fax.

Please provide the following information for your company:

Company Name (Same as in SAM): _

Address (Same as in SAM): _

DUNS:

CAGE:

Point of Contact: _

POC Phone Number: _

POC Email:

Our company (does or does not) fit the Small Business Size Standard listed above.

Company Representative Authorized to Submit Bid:

Signature: Date:

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (DEC 2019)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.“Sensitive technology”—

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i)To restrict the free flow of unbiased information in Iran; or

(ii)To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1)Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of…